ARIZONA STATE LEGISLATURE

 

JOINT LEGISLATIVE STUDY COMMITTEE

ON FEDERAL MANDATES

 

Minutes of the Meeting

Tuesday, December 7, 1999

10:00 a.m.  Senate Hearing Room 1

 

 

Members Present:

President Brenda Burns, Chair                      Representative Marilyn Jarrett, Cochair

Senator Gus Arzberger                                   Representative Jake Flake

Senator Russell Bowers                                 Representative Kathi Foster

Senator Jack Brown                                       Speaker Jeff Groscost

Senator Scott Bundgaard                               Representative Leah Landrum

Senator Darden Hamilton

Senator Joe Eddie Lopez

 

Members Absent:

Representative Joe Hart                                 Representative John Loredo

 

Staff:

Mara Kelly, Senate FIR Analyst

Jodi Jerich, House Judiciary Analyst

 

Congressional Members:

Senator John Kyl

Congressman J. D. Hayworth

Congressman John Shadegg

 

President Burns called the meeting to order at 10:12 a.m. and asked that everyone be brief in their statements as the Congressional members would have to leave by 11:00 a.m. for a ceremony at the U.S.S. Arizona anchor.  She expressed her appreciation to the Congressional delegation for coming and announced that item 4 on the agenda would be discussed first. President Burns said the issue of federalism is something that is continually on the minds of the State, and said she appreciates Arizona’s delegation being leaders in the federalism movement.

 

Representative Jarrett also expressed her appreciation to the Congressional delegation for coming to meet with the State legislative members.  She remarked that she spoke to a legislator from another state who said their delegation did not come back after their first meeting.  She said the Legislature also appreciates the fact that the Arizona delegation is unique and understands the differences between state and federal government and appreciates the opportunity to work with them.

 

President Burns thanked the delegation for promptness in their responses to State requests on a variety of issues.  She said she works with a domestic violence organization and was speaking to some of the women seeking shelter there.  It made her realize the huge amount of issues that people who work at the shelters and safe houses must deal with.  Among the larger issues is immigration, which is very difficult to work through.  President Burns stated she had contacted Senator Kyl’s office, and someone had helped find temporary homes for these immigrant women, who are thrilled with their new quarters.

 

Senator Arzberger asked if the members could take a few moments to bow their heads in honor of the men and women who lost their lives at Pearl Harbor.  President Burns asked everyone to stand for a moment of silence.

 

Federal Gas Tax

 

Senator Hamilton extended a welcome to the visiting Congressional delegation.  He said the federal gas tax has been going up steadily, and that the current tax is 36.4¢ per gallon; of that 18.4¢ is federal tax and 18¢ is state tax. The money goes to the federal government and comes back in the form of grants, and the T-21 bill. Senator Hamilton stated that prior to the T-21 legislation, for every dollar of gas tax sent to the federal government, 85¢ was returned to the State for transportation needs.  Since the T-21 bill passed, the State receives 90.5¢ for every dollar.  Of the 50 states, there are 23 that send more money than they get back.  Senator Hamilton said that Arizona loses approximately $45 million a year from our tax money going to other states to fund their transportation and infrastructure, while in Arizona, specifically Maricopa County, there is the fastest growing county in the United States.   At the rate of $45 million a year, through the five-year period of T-21, Arizona will lose $225 million of its tax money that goes to other states that need it less than Arizona.  When T-21 runs out, Arizona hopes that will be changed.  Between T-21 and the former plan [of 85¢ on the dollar] Arizona will have been a donor state for 10 years.  Arizona is considering raising the gas tax to make up for the loss of revenue, and may have to raise it 8¢ to offset the money Arizona has lost.

 

Senator Hamilton said another transportation issue is the high occupancy vehicle (HOV) lane.  He noted that if there are 10,000 cars on the road sitting still that will produce a lot more pollution.  The standards for pollutants that an engine produces at idle are a lot higher than the standards at 30 m.p.h.  If vehicles are just moving at 30 m.p.h., the pollution will be cut by 80%, the air will be cleaner and our compliance with the federal regulations for pollutants will be a lot better.  Senator Hamilton stated one way to get people moving is to release the HOV lane to general use.  He said they were not meant to get people to carpool, but were meant to help with pollution, through the tactic of carpooling.  However, if people are not carpooling and the traffic is not moving, the necessity of the lane is lost.  Once the vehicles are moving at 30 m.p.h., another HOV lane could be added, but until that happens having the HOV lane is a luxury.

 

President Burns concluded that: 1) the State needs return of all of its gas tax monies; and 2) the State would like to have a waiver on the HOV lane on I-17.

 

Representative Foster asked how the formula is determined for gas tax money being returned to the State.

 

Senator John Kyl said it is a very complicated formula and it is unfair to Arizona.  He noted that of the five negative votes on the T-21 bill, two were from Arizona because of that unfairness.  He noted he spoke to the Maricopa Association of Governments (MAG) which was very angry with him for voting against the T-21 bill because it brought a lot of money to Arizona.  Senator Kyl said his response was that one should not look at the money the State received, but at the money it lost because Arizona could not do better.  Arizona can put in for the Federal NAFTA Corridor and Indian monies, which it does, but that does not make up for the difference.  He agreed with Senator Hamilton’s comments, and agreed to work on it.

 

Congressman Shadegg echoed Senator Kyl’s remarks and said he voted against the T-21 bill as well.  He commented on the HOV lanes, and noted that New Jersey removed some HOV lanes after releasing a study finding they did not help with pollution.  He said he would pledge the assistance of the Arizona delegation to obtain a waiver on the HOV lane mandate.

 

Federal Redesignation of Land

 

Congressman Hayworth thanked President Burns for revising the agenda so that the delegation could attend the ceremony at the U.S.S. Arizona anchor.  He stated that Arizona sits on the precipice of a dangerous “land-grab.”  He asserted the Legislature needs to know that the Clinton administration is planning to create wilderness areas by a roadless policy through the federally controlled lands. Congressman Hayworth stated he feels this is the most egregious policy this administration has set forth to date.  He said that he does not believe this administration can be called environmentalists, but they should be call “prohibitionists,” because they seek to prohibit any activity in the forests.  Congressman Hayworth said this could result in the destruction of the land they wish to protect.  It has been proven that sound use of land will protect it; they have to be forested to protect them from suffocation of overgrowth.  He asked if the nation should sacrifice its national forests for something that sounds good, but only appeases a special interest group.  He said it is false that we are running out of trees, and the government controlled forests yield 18 billion more board fee annually than they did 50 years ago.  With sound forestry techniques it is known that forest growth has exceeded harvest continually since the 1940’s.

 

Congressman Hayworth stated that the roadless promulgators say the roads are only used for loggers, but that is incorrect.  The roads are used for a number of federal land management activities, and if eliminated, the forests will be shut down for fire suppression, recreation, access for local residents and environmental enhancement.  97% of the roads are open for all uses, not just timber harvest.  He said he believes the public should be able to access the national forests that their federal tax dollars go to protect.  He said the most important reason to keep the roads open is the effect on school children as money from timber sales goes to fund education. In the year 1995, $60 million was returned to timber dependent communities, chiefly in the West. Congressman Hayworth said eliminating the roads will also eliminate critical education funds, and Arizona has already suffered too much in this regard because the same prohibitionists have filed countless lawsuits which have eviscerated Arizona’s timber industry.

 

Congressman Hayworth offered a solution, which was the Education Land-Grant Act, which passed the House of Representatives and awaits action in the Senate.  It offers a uniform way for rural school districts to apply for parcels of non-environmentally sensitive land, which can be of sound benefit to the rural counties.  He said input must be received from  Arizonans against the land-grab by Secretary Babbitt.  He offered a public entreaty to the Secretary of the Interior: “Don’t foist your personal legacy on the backs of rural Arizonans.”

 

Representative Jake Flake offered his support for Congressman Hayworth’s legislation and said he grew up in these areas [under consideration] and he does not like what is happening.  The timber industry built these roads and when they discontinue logging they only leave open the major road for people to access, use and enjoy the forests.  All other logging roads are discontinued, barriers are put up and the forests are reseeded.  Representative Flake said the federal government has shut out the logging industry, and is now making an effort to shut out the cattle industry which also uses these roads to service the cattle.  In addition, it will shut out the public, and then the forest will be of no use.  He said his major concern is what will happen to the forests.  He is alarmed with the condition of the timbered forests, and became more so after hearing Dr. David Garrett, because if something is not done, the forests are going to burn.   Representative Flake noted Arizona had good rains this spring, but is not receiving any snow pack so far this winter, and that is what keeps the forest healthy.  Rain brings up the weeds and grass, which are additional fuel for a fire.  He said the forests will definitely burn if this land-grab takes place.

 

Congressman Shadegg stated he would like to discuss the roadless issue further. When the Clinton administration came forward with a new policy designating 60 million acres as roadless areas, the Western governors passed a resolution stating this process would preclude multiple use in all 60 million acres.  He said it has been impossible to obtain a specific designation of acreage.  The Council on Environmental Quality did release a statement to the press on October 13, which indicated 1.8 million acres would be in Arizona.  He said this is an issue on which specific action should be taken. The Administration sites Article 4, section 3 as the authority for this roadless designation.  In actuality, that Article gives the Congress the authority to regulate U.S. forest lands, and it is believed that this action is illegal.  He said he agrees with Congressman Hayworth that this is a significant threat, and with Representative Flake that this is a serious problem.   Congressman Shadegg said if there is a legitimate argument that the federal government is acting outside the law, he would like to see resolutions from the Arizona Legislature in support of a legal challenge to that action.  He said it is one more attempt to lock up the land in Arizona.  He also said he believes that Governor Hull supports multiple use.

 

Representative Flake said there are only 5 million acres of forested land in Arizona, and that land grab would take one-third of it.

 

Congressman Shadegg stated his second concern is that of designation of national monuments.  He said the Clinton administration contemplates designating national monuments, and the Congress has been trying to find out what areas they are discussing.  Secretary Babbitt appeared before the Resources Committee, at which Congressman Shadegg asked for a list of the national monuments so the American people could have input.  The Administration would not provide a list of the areas under consideration, but on November 22nd, the Secretary released a list to the press that indicated a dozen sites in the West (Attachments A & B). He noted that Congressman Kolbe had argued against federal legislation on the Las Cienegas area, saying the parties involved were working out an agreement.  Congressman Shadegg stated if any of the members are familiar with what happened in Utah, and the federal government refusal to talk to their Congressional delegation, they know of the blind-siding by the federal government which lied to the Utah delegation many times.  He said Arizona needs to be very aggressive on this, should be actively involved and have input on designating areas in Arizona.

 

President Burns agreed this is a critical issue, and she wants Congressman Shadegg’s remarks and maps in the record.  She said the Legislature hopes there is a united front from the Congressional delegation, and she asked Congressman Shadegg to advise the members of what is being proposed to remedy the situation.

 

Senator Kyl suggested the Legislature request copies of the legislation by Congress, and suggested the creation of a task force in Arizona to develop a mechanism to deal with the federal designation of national monuments.  He said Arizona needs to develop a plan because it has known for a year of the possibility that lands in Arizona may be designated, and Arizona will not be blind-sided as Utah was, but it needs to begin working on a solution.

 

 

Central Arizona Project Repayment and Water Distribution Update

 

Senator Kyl stated there are several different issues involved in the Central Arizona Project (CAP), the first of which is the San Carlos Water Settlement concluded in the early nineties, which has not yet been finalized.  The Central Arizona Water Conservation District (CAWCD) must still sign off on that portion of the settlement.  The CAP district will not do that as long as the federal government maintains its present position on repayment.  That agreement will terminate on December 31, 1999, if there is no meeting of the minds, and may not be revisited. 

 

The second part is the Little Colorado River stream adjudication, which has been going on for a long time, and was nearing a point of settlement when the Navajo Tribe brought a lawsuit against many of the non-Indian participants dealing with royalty payments and power plants.  That settlement has been “stopped dead in its tracks.”  He noted there are plans to have a briefing the week following this meeting by the Navajo Nation on the project they would like to build if the settlement is reached.

 

The third part involves the CAP repayment deal with the Gila River Tribe, which is within 80% of resolution since all parties want to get this resolved.  The negotiations have been slowed because the Department of the Interior does not know if it wants to expend the energy to conclude the process.  He said there are still some outstanding issues, which will require a lot of hard work.  Senator Kyl said he believes there will be an effort to continue the negotiations to bring it to closure, but without the active involvement of the Department of Interior, he is not sure it will be done within the next year. 

 

Senator Kyl stated the next item he would like to discuss is the CAWCD financial dispute with the federal government over how much Arizona’s share of CAP is.  The basic financial issues have been agreed to in a settlement that would accompany the Gila River settlement and one other, which he will discuss momentarily.  Since the Gila River settlement is not finished, and they are tied together, the issue remains in court and the federal government is not willing to allow CAWCD to litigate a crucial element. The situation has already been resolved by the parties but since it has not been finalized, it remains in court, and in court they continue to fight it out.

 

Senator Kyl said there are some rough outlines of a settlement; where-in the non-Indian parties have expressed a willingness to make up to 200,000 acre feet of water available for Indian settlements.  The federal government has theoretically agreed to no out-of-state transfers to the State of Arizona and has theoretically agreed to water banking by the State.  That overall settlement structure languishes in the Department of Interior, and Secretary Babbitt is unsure it is worth his effort to bring the settlements to conclusion.  Senator Kyl said this is “too bad” as many people are concerned about whether Arizona will be protected.  Senator Kyl said he thinks a settlement can be reached that adequately protects Arizona’s interests which would be far superior to litigating all of the settlements. 

 

President Burns stated it is a very complex issue and difficult to resolve.  Senator Kyl said the CAWCD and the Arizona Department of Water Resources (DWR) have performed magnificently in this area.  He noted there is a sunset review of the DWR soon, and he feels the worst thing that could happen would be to sunset DWR.  He also added he appreciates the members’ of the Legislature interest and their patience, and he will be ready to communicate in any way the Legislature deems appropriate.

 

Representative Flake asked if the portion allotted to the Indians has no repayment. Senator  Kyl said a large portion of the problem with CAWCD and the federal government has to do with how the accounting occurs with respect to water to the Indians.  Representative Flake clarified that as Globe transfers to the San Carlos Tribe, the issue is whether that amount has to be repaid. 

 

Congressman Shadegg commended Senator Kyl for his “yeoman’s work” on this issue.  He said he does not envy anyone who has to negotiate with the Clinton administration, and the  Babbitt section of that Administration.  He said no one knows Arizona water law better than Senator  Kyl.  Several of the issues are those where the Clinton administration has said they tentatively agree to things and then do not want it nailed down.  He said the implications for Arizona’s growth and its rights to the water, as well as clarity and finality on these issues, are too important to take just a settlement. He commended him for negotiating in good faith, and for standing strong.

 

Senator Arzberger stated he has followed this issue all the way through, and the concern is that the courts ruled that CAP owes $1.7 billion, and the government says they own $2.3 billion.  The federal government wants to take the Indian water payment off of the $2.3 billion, and Arizona said no, because the courts have ruled that it should be taken off the $1.7 billion.  He asked that Senator Kyl and the rest of the Arizona delegation “hang tight” and settle it all from one end of the State to the other.

 

Senator Bowers questioned the practicable benefit of the over-construction of the federal government, and stated it is $1.72 billion that Arizona legally owes, but because the State has a practicable benefit from construction he believes the federal government is suing the State. 

 

Senator Kyl said that is correct, but he is not involved with the amount of repayment; that is between CAWCD and the federal government.  The problem is that situation impacts other things and vice versa.  Senator Kyl said he is not at all involved in the negotiations, but added CAWCD’s position is that it has reached agreement on the $1.72 billion settlement, but in the litigation, the federal government takes the position it has to be otherwise.  He said there does not seem to be a way to resolve this at present.

 

INTERNET TAXATION UPDATE

 

Senator Bundgaard stated the issue regarding taxation of the Internet revolves around four points: the tax nexus; the tax base; tax rates and tax administration.  He said the Committee knows that Congress passed the Internet Tax Freedom Act which prohibits state and local governments from adding on new taxes for a period of three years.  The bill prohibits states from levying taxes on e-commerce or on Internet access charges. 

 

Senator Bundgaard noted that Senator McCain has proposed legislation to make the current ban permanent to specifically prohibit attempts to impose sales tax on Internet sales.  It would also add a global moratorium on Internet taxes, and he said he believes this would undermine states’ rights to a certain extent.  He stated the Legislature’s tax policy is to make sure that taxes are flat, fair, the administration is simple and the rates low.  He asked for a discussion on the taxation of Internet sales, and said it has ramifications on all sales, including taxing the sale of goods across state and international boundaries. 

 

Senator Bundgaard said he believes there will be an effect on revenues to the states if taxation is banned.  He noted there are 101 taxing jurisdictions in Arizona which are an administrative nightmare.  He said the National Governors Association (NGA) has a proposal they are forwarding, but he opined it is more bureaucracy in a different form. He said he believes there is middle ground between Senator McCain’s proposal and the NGA’s.  He asked the Congressional delegation what the status of Senator McCain’s proposal is and if there are other ideas developing in Congress.

 

President Burns asked for a breakdown of the issue of the federal government versus the state government and where the authority lies because Arizona has not yet made a decision on this type of taxation.

 

Congressman Shadegg responded he thinks this is going to be a “turf war” because he has had local officials approach him and indicate they cannot survive as the Internet expands because the sales may “eat into” local resources and the tax base.  The officials do not feel it is fair for the Internet sales not to be taxed.  He said he is not aware of other proposals besides Senator McCain’s.  He added there is no doubt there will be counter legislation advanced by various interests to address if it is fair to take sales tax from local government by continuing to ban taxes on the Internet. Congressman Shadegg said he believes there is no need for new taxes.  He recognized that e-commerce is expanding, and believes it will expand the market so the local tax base will not disappear.  He said it is the number one lobbying issue of the cities.

 

President Burns said there needs to be a discussion on where that authority lies.

 

FEDERALISM LEGISLATION

 

Congressman Shadegg said he introduced legislation called the “Enumerated Powers Act” which must cite in every law the specific authority giving the federal government the power to enact that law.  He said the United States Constitution is a constitution of granting the federal government certain specific powers and granting all remaining powers to the states under the 10th Amendment. Congressman Shadegg stated the U.S. House has made it a rule that report language must contain citation to the authority of the legislation.  That has not been enacted in statute.  He said he is encouraged that the Constitution Subcommittee has asked to schedule a hearing on that legislation (H.R. 1018 – Attachment C). He said it goes to the area where the federal government legislates when it has no authority. 

 

Congressman Shadegg stated Senator Fred Thompson has legislation dealing with the question of federal pre-emption to state authority, as does Congressman MacIntosh. Senate Bill 1214 (Attachment C) and H.R. 2245 are parallel bills under which the Congress would be required to cite any state law that would be pre-empted by the passage of a federal law.  As an example, he said if the Congress enacted a ban on Internet taxation that would pre-empt any state or city tax on e-commerce, the federal legislation would have to say “this legislation pre-empts county, local and state taxes on the Internet.“  He said the legislation is getting some attention in the Senate, but has not been heard in the House, and he cannot give the Committee an updated status.  It does put people on notice as to when the federal government acts to steal authority from the states.

 

President Burns said she appreciates Congressman Shadegg’s efforts with his bill, and questioned where the hearing of the bill will be.  Congressman Shadegg replied it will be shortly after the first of the year, in the Constitution Subcommittee of the House Judiciary Committee.  President Burns said she believes Senator Thompson’s bill is being supported by NCSL, and the support of ALEC has been enlisted. 

 

Representative Jarrett said she just left an NCSL meeting and those members are supporting Senator Thompson’s bill because they are very concerned as well.

 

VOTER REGISTRATION ACT

 

Representative Jarrett said she would relinquish her time to Jessica Funkhouser.

 

Jessica Funkhouser,  Office of the Secretary of State, stated Secretary Bayless would have been here today but she is visiting election officers in other counties.  Ms. Funkhouser stated she appreciates the memo prepared by Representative Jarrett because it summarizes the discussion between them on simple things which could be addressed at the federal level regarding the Voter Registration Act.  Ms. Funkhouser asserted it is a very expensive act for the states to implement, and the counties bear the cost of voter roll clean-up.  A mailing was recently done to all registered voters in Maricopa County, and the County was able to eliminate 240,000 from the rolls to help prevent voter fraud and also the cost of mailings for elections.  The inflated numbers give an unrealistic figure for the voter low for the population.  That cost the County $770,000.  She suggested the cumbersome procedures could be revisited, and if there is a way to make less mailings, it would be very helpful.

 

Ms. Funkhouser also discussed the declination form (Attachment D) and said whenever someone applies for public assistance, they must be offered the opportunity to vote, even if they are already registered, and if they do not want to register, they must be offered this piece of paper.  This happens every month, and the forms are saved in storage boxes.  So far this year the Secretary of State’s office has 123 boxes, which are in turn shipped to Archives, where they stay for two years.  In response to Congressman Shadegg, she said there are 258 boxes in the office from the last two years.  Congressman Shadegg said if she would bring them to him, he would take them to the floor of the U.S. House and discuss the issue.

 

Tape 1, Side B

 

Speaker Groscost said he would be feeling coerced to be sure he is registered.  He asked if there is a statement of the qualifications necessary to be a registered voter, or if, during the process, is it pointed out that it may not be appropriate for them to register under certain circumstances.  Ms. Funkhouser stated it is not on this form, but it is on the voter registration form, which asks if they are citizens, are 18  years of age and are competent to vote.  She said the declination form is exactly what the federal law requires.

 

Congressman Shadegg asked if there are similar storage boxes of declination forms all around the country, i.e., California or New York, where there is a larger voter population. He said the reality of these meetings is that the West gets out-voted on issues very quickly, and it would be of value to him to know that one of the states with a large congressional delegation had 1,000 of these boxes, so he could invoke an environmental piece of legislation.

 

Ms. Funkhouser said, in discussions with her colleagues, there were two points of consensus: 1) funding should be updated to further voting standards and proper equipment; 2) repeal this portion of the law because all the states have many boxes in storage.

 

Speaker Groscost said he believes the Congressman is asking one of the members of the Secretary of State’s office to make 49 phone calls and give him a compilation of numbers of boxes.  Ms. Funkhouser said she is already “composing the e-mail.”

 

Senator Bowers glibly commented if a scaffolding were built around the Washington Monument, and these boxes piled on it, they could cover the entire Monument.  He  added they could also be used to build public housing.

 

Congressman Shadegg stated he would pledge to put forth legislation to repeal this requirement.  He asked if the requirement requiring two first-class mailings is in the same act.  Ms. Funkhouser explained it is actually an FCC interpretation of the rules.  A person cannot be removed from the rolls if the letter comes back with the sticker noting the person has moved but the mail is no longer forwardable.  She said they must mail another form to the new address, and if confirmation is received that they have moved to another state, they may be taken off the rolls; however, if no confirmation is received, that person remains on the inactive rolls.  Ms. Funkhouser noted that if the label indicates the forwarding order is expired, it must be mailed again to that address, and if two expired notices are received the person is put on the inactive list.

 

Congressman Shadegg clarified people are put on the inactive roll unless they confirm they are residents of another state.  He pledged his support for legislation on this and said he will work with Secretary Bayless on having people not placed on the inactive roll, but removed completely.  He noted this is a subject which is sensitive and people are suspicious of the Congress’ motives.  He said if there is support from both parties of the State, it would provide a great deal of emphasis.

 

Representative Jarrett said she talked to Karen Osborne of Maricopa County, who said it cost the County $775,000 to do this.  She pointed out that just because a person is removed from the rolls does not mean they cannot vote.  If they have previously registered, the vote will be counted as valid.

 

Speaker Groscost expressed his thanks to the members of the federal delegation who came.  He said most states are incredulous that Arizona’s Congressional delegation will come to talk to them, and they are interested in having similar discussion with their delegations.

 

Representative Jarrett said, having just left NCSL where states rights and federalism were discussed, that she hopes Congressman Shadegg will go back with the thought that the federal government is trying to take some of the states very good criminal laws and make them into federal laws.  She said that creates a dual court system.  For the best interest of the citizens of the state, the feeling is they will be better served if the case is heard by the local judge, and also that the federal government should tread very lightly on criminal laws.  It is felt the states should be more in charge of those laws, rather than the federal government taking away jurisdiction and the ability to tweak those laws.

 

Congressman Shadegg replied he agreed and stated he had declined serving on the Judiciary Committee because he believes primary jurisdiction for criminal laws should be at the state level.  He said most practicing attorneys will tell you that the federal courts are overloaded and you cannot get a case heard.  He said the federal judiciary and statutes were not meant to be the place of enforcement for the average street crime, or one that does not affect interstate commerce, or the unique jurisdiction of the federal government, i.e., Indian reservations or military bases.  He said Representative Jarrett is correct and he has voted against proposed criminal statutes many times.  He said this is an issue on which the American people have lost their “civic lessons” and that federal law should only deal with unique situations which state law cannot address.

 

Congressman Shadegg concluded that he believes these meetings are extremely important and the dialogue valuable in keeping the Congressional delegation in touch with the Arizona delegation.  He expressed frustration that some of the Congressional delegation do not attend and participate.  He said perhaps a time could be found in January when there is not much action in the U.S. Congress to bring them to Arizona.  He said perhaps the pressure to have them come when Arizona is in session would be greater.

 

Representative Jarrett said most of the states have passed a juvenile justice reform bill, and feel they have taken care of the problem, and see no reason for the federal government to step in.  She said the states can tweak their own laws from time to time. She asked Congressman Shadegg to pass along those thoughts.

 

President Burns thanked everyone for coming, and said the meeting had been worthwhile.

 

There being no further business, the meeting adjourned at 11:29 a.m.

 

                                                                        Respectfully submitted,

 

 

                                                                        Karen Neuberg

                                                                        Committee Secretary

 

(Tape and attachments on file in the Secretary of the Senate’s Office.)

 

 

 

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Joint Legislative Study Committee

On Federal Mandates

December 7, 1999

Page 1

 

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