Having attended the public hearing by the Arizona Department of Corrections on the Perryville prison it is important for everyone to understand some of the history behind its present location and why it should not be expanded and furthermore if it should even remain in place at all.

ADOC is wrapping up a process to find a place to build several new private prisons in Arizona.

Depending on the selection, each prison would hold 1,000 to 5,000 inmates. There is a demand for these new beds, and each 5,000 bed prison will bring 1,000 construction jobs and more than 1,000 permanent jobs to the state.

Four companies are making bids. Corrections Corporation of America is proposing a 4,500 bed complex in Eloy. Geo Group is considering a 2,000-3,000 bed prison near Yuma, or up to 5,000 beds at Perryville. LaSalle Correctional Management wants to build a 1,000 bed unit in Winslow. Management & Training Corporation is considering a 3,000 bed prison near Yuma or a 3,000-5,000 bed complex in Coolidge.

ADOC held five public hearings around the state to talk with residents about the proposals. They have heard the public give opinions on the benefits to the economy and the concerns about safety.

One thing has become clear. The expansion should not happen at Perryville. West valley residents remember when the State broke a promise in the 1980s concerning Perryville, and they don’t trust the State with its promises at this time.

In 1980, the State was in the middle of a political battle and a lawsuit filed by the Litchfield Elementary School District over where to build a new prison, and how big that prison should be. To get a bill passed, lawmakers agreed to a limit of 1,000 beds for male inmates and four hundred beds for females. Over the objections of nearby residents, the Governor and the Legislature at the time made the decision to build it near I-10 and Cotton Lane.

Just four years later, legislators changed the law, and now 1,400 inmates could be housed, regardless of gender. More egregiously, in 1989, the Legislature ripped up the 1980 agreement, and removed any limits on the number of inmates housed at Perryville, thereby again thumbing their noses at the people of the west valley. The result? Four thousand five hundred inmates are housed at Perryville. Our residents have long memories, and they know an agreement with the state over prisons isn’t worth the paper it is printed on.

The good news is that nearly every other proposed site is being welcomed with open arms. In Winslow, residents and local leaders were literally begging for LaSalle to build its prison there. At the Yuma hearing, one of my Senate colleagues said it was “a no-brainer” to expand the prison in San Luis. Reports from Eloy say the CCA proposal there got near-unanimous support.

Arizona is going to have new prison facilities, and we are going to make sure ADOC demands the highest security standards, with the safety of neighborhoods in mind. There are some good options available. The west valley is not one of those options.

Senate President Russell Pearce announced today he is naming Senator Don Shooter chairman of the Senate Appropriations Committee.

“Senator Shooter is a strong fiscal conservative. He works well with his colleagues and the Governor. He will put the taxpayers of Arizona first,” says President Pearce.

Sen. Shooter currently serves as Chair of the Appropriations Sub-committee on Rural Issues, Education & Natural Resources.

“It will be a year of reform, with a smaller, more efficient government. With this pro-jobs, pro-education, pro-public safety Senate we have a great opportunity to continue to move Arizona in the right direction,” says Sen. Shooter. “We will return in January with no deficit, thanks to the Senate’s hard work in delivering a balanced budget.”

“Senator Shooter will be an outstanding Appropriations chair, continuing our effort to stimulate the economy with lower taxes and reduced regulation,” says Pres. Pearce. “He understands the process and has a good working relationship with the House and the Governor. Senator Shooter has the time and willingness to work with Leadership on budget issues important to Arizona.”

Shooter replaces Senator Andy Biggs, who is now Majority Leader in the Senate.

“Senator Biggs will stay very engaged in the Appropriations process, and Appropriations Vice-Chair Ron Gould is a seasoned Senator and a longtime Appropriations member. With Senator Shooter moving into this leadership role, our Appropriations team becomes even stronger,” says Pres. Pearce.

Sen. Linda Gray, a well-known champion of strong drunk-driving legislation, continues to be recognized nationally for her efforts. The Century Council has given the Phoenix Republican a Leadership Award for her hard work. The Century Council is a national not-for-profit organization funded by distillers and focused on fighting drunk driving and underage drinking.

Senator Gray is one of only seventeen legislators across the country to earn the award.

In announcing the honor, the group said “Senator Gray has fought tirelessly to strengthen Arizona’s drunk driving laws”. The Century Council recognized that Senator Gray has made community safety a top priority by promoting legislation to prevent alcohol-related traffic crashes. In 2001, The Century Council supported her bill to lower Arizona’s “extreme DUI” level from .18 to .15.

In the most recent legislative session, Senator Gray sponsored SB 1200 which promotes the increased use of ignition interlocks to prevent drunks from driving. She credits the use of the interlock devices for the 46% reduction in DUI fatalities in the latest data obtained by the National Highway Traffic Safety Administration.

Senator Gray is chair of the Senate Public Safety & Human Services Committee.

Senate Republicans embrace the 11th Circuit Court’s ruling declaring the individual mandate portion of President Obama’s healthcare law unconstitutional. The opinion decries Obamacare, with Chief Judge Joel Dubina writing, “The individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional.” It goes on to state, “This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives.” We are confident this ruling will be upheld in future legal challenges.

Arizona Republican senators celebrate the Arizona Court of Appeals ruling to uphold the abortion consent act. See the link below for key provisions of the ruling.

http://blog.azpolicy.org/life/victory-for-life-advocates-arizona-court-of-appeals-upholds-abortion-consent-act/

Sen. Nancy Barto has been named a recipient of the American Legislative Exchange Council’s “Legislator of the Year” award. Sen. Barto was presented the award at the organization’s annual meeting in New Orleans. The “Legislator of the Year” Award is given to state legislators who are ALEC members in good standing and have distinguished themselves by taking a leadership role in advancing, introducing and/or enacting policies based on the fundamental Jeffersonian principles of free markets, limited government, federalism and individual liberty. “It is such an honor to receive this award from ALEC. It’s good to know the hard work we’re doing here in Arizona fighting for everyone’s health care rights is being recognized by such a respected national organization,” says Sen. Barto, a Republican from Phoenix. Sen. Barto serves on the Executive Committee for the Health & Human Services Task Force. She has been a key force behind Health Care Freedom, protecting citizens’ fundamental health care rights. Efforts that began in Arizona have now led to 12 states passing Health Care Freedom laws and another four states will have it on the 2012 ballot. “Now Arizona’s state constitution prevents citizens from being forced to purchase health insurance and guarantees their right to purchase health care privately – two rights that are threatened by Congress’ unconstitutional health care takeover in 2009,” says Sen. Barto. Barto also sponsored the Health Care Sharing Ministries bill, which was signed into law this year – another example of ALEC model legislation that expands patients’ rights to affordable health care. The American Legislative Exchange Council (ALEC) is the nation’s leading nonprofit, nonpartisan organization.

Sen. Rick Murphy appeared this week on Channel 3’s Politics Unplugged to talk about Empowerment Scholarship Accounts. In this new law, ninety percent of the money that would be used to pay for a special needs child in public school can be used by parents for other educational options.

FOR IMMEDIATE RELEASE: Thursday, July 28, 2011.

Contact: Amy Rezzonico (602) 542-8019.

HORNE URGES CONSUMER CAUTION WHEN USING WEBSITES FOR BORDER FENCE CONTRIBUTIONS PHOENIX (Thursday, July 28, 2011) — Attorney General Tom Horne says Arizonans who wish to contribute to the construction of a border fence should only contribute to the state’s official website designated for that purpose. That website is: http://www.buildtheborderfence.com.

“In the past few days, some consumers may have become confused by a website with a similar Internet address as Arizona’s official border fence construction site,” Horne said. “That website made changes when the operator was alerted to the possible confusion, but consumers should always exercise caution when donating money. Make sure the entity you’re giving the donation to is legitimate and will use the funds for the purpose intended. In the case of the border fence construction, the official website has the Arizona State Seal and the az.gov website banner. Consumers should be wary of any other website that claims to support funding for the border fence.”

The expanded Joint Border Security Advisory Committee will meet for the first time Wednesday, one week after the successful launching of the border fence website: www.buildtheborderfence.com.

That website, which collects private donations to help Arizona build a fence along the Mexico border, raised more than $100,000 in its first three days.

The meeting is set for Wednesday at 9 a.m. in House Hearing Room 1. The committee is co-chaired by Sen. Al Melvin and Rep. Russ Jones. New committee members Maricopa County Sheriff Joe Arpaio, Pinal County Sheriff Paul Babeu and Cochise County Sheriff Larry Dever are all planning to attend.

Sen. Steve Smith, Republican from Maricopa, will give a presentation on the first week of the border fence donation website.

All the funds raised at www.buildtheborderfence.com are held in a trust fund account in the Arizona State Treasurer’s Office. The Joint Border Security Advisory Committee, established in the bill, will oversee the project.

Sen. Steve Smith sits down with Fox 10’s John Hook to talk

about the border fence.

http://www.buildtheborderfence.com

I understand that a notice of claim challenging the merits of my pension reform bill, SB 1609, was filed today by two judges. Early this session, it became clear that the Public Safety Personnel Retirement System, which includes the Elected Officials’ Retirement Plan, was headed for collapse. One of the greatest achievements this session was the passage of sweeping reforms to these pension systems through SB 1609. Numerous changes were enacted to strengthen the funded status of the retirement plans while maintaining generous employee benefits. Ultimately, SB 1609 will be instrumental in turning these public retirement systems around and protecting benefits for future employees.

From retired employees to new employees just starting their careers, no one is served by an unsustainable system on the verge of insolvency. I stand by SB 1609 as an important milestone in the recovery of our public retirement systems. After working with employee stakeholders on SB 1609, I understand the frustration from groups affected by these changes. But with few options and a duty to protect the retirement benefits for all employees, we will vigorously defend the important reforms contained in SB 1609.

The Arizona Independent Redistricting Commission hasn’t even had its first public hearing, and already the Commission is creating controversy over the way the hearings are handled.

Sen. Ron Gould of Lake Havasu City discovered today the Commission may send only one of its five members to the sole IRC hearing in Mohave County. Previous meetings in Phoenix and Tucson have been attended by all five members.

“I guess the rules are different outside of Maricopa and Pima counties. In the IRC’s mind, the full Commission doesn’t need to hear the concerns of Mohave County residents. One member is just fine. That’s an insult,” says Sen. Gould.

The public hearing is scheduled for Tuesday, July 26 at 6 p.m. at Bullhead City Council Chambers.

“You’ll have people coming from all over the county to Bullhead City for this meeting. These people care about the process. It’s a real slap in their faces,” says Sen. Gould.

The IRC is also now the target of a probe by Arizona Attorney General Tom Horne, over accusations of violations of open meeting laws and procurement laws.

Sen. Steve Smith of Maricopa will appear on Channel Eight’s HORIZON tonight to discuss the new border fence donation website www.buildtheborderfence.com

Lawmakers in several states, including Arizona, are pushing for a law that would make it illegal for a parent not to report their child missing within 24 hours – they’re calling it Caylee’s Law.After three years behind bars, Casey Anthony walked out of a Florida jail over the weekend. Anthony was acquitted in the murder of her daughter Caylee on July 5. Many people disagree with the ruling, saying she should have received a harsher punishment for lying to police and for not reporting her daughter’s disappearance. Called Caylee’s Law, it’s a national push to make it illegal for parents not to report their children missing within 24 hours. Several states are pushing for the new law, and Arizona has jumped on board. State Senator Linda Gray says she has received more than 900 emails asking her to make this a law in Arizona.

Read entire article here: http://www.kvoa.com/news/ariz-lawmaker-pushes-for-caylee-s-law-/

District 23 state Senator Steve Smith announced July 20, 2011 as the launch date of the border fence donation website where residents can donate to the privately funded fence construction effort on the border. Governor Brewer approved the border fence fund in May. Senator Smith will be hosting a launch party in Casa Grande for the website where he will be joined by other conservative lawmakers.

Read the rest of the story here. http://www.goldcanyontoday.com/index.php?option=com_content&task=view&id=1746&Itemid=189

"The U.S. Supreme Court this morning ruled the matching funds provision of Arizona’s taxpayer-funded campaign finance system unconstitutional. This is a victory for Arizona and a victory for free speech. The Court rightly found that matching funds illegally discourages private candidates from raising and spending cash in elections.

The Court ruled that matching funds present a substantial burden to free speech rights. Chief Justice John Roberts wrote “the First Amendment embodies our choice as a nation that, when it comes to speech, the guiding principle is freedom—the unfettered exchange of ideas—not whatever the State may view as fair”.

It made no sense that as privately-funded candidates raised money for their campaigns, it triggered taxpayer subsidies for the opposing candidates. This was an experiment that failed, and now it has been ruled unconstitutional by the highest court in the land. Good riddance. This ruling follows an Arizona Supreme Court ruling on Friday dealing with another big issue.

The Court rejected the request of public interest attorneys to place an injunction on the AHCCCS enrollment freeze scheduled to take effect Friday. The justices understand that there is not sufficient funding to maintain one of the richest Medicaid programs in the country. Arizonahas gone above and beyond what is federally required and can no longer foot the bill. These tough times have prompted tough decisions, and it is encouraging to see that reflected in the court’s decision.”

Sen. Steve Pierce, a Republican from Prescott, has been named the 2011 Senator of the Year by the Arizona Chamber of Commerce and Industry. Pierce is Majority Whip and has been a member of the Senate since 2009.

“Senator Pierce’s hard work in 2011 stood out. He has a strong pro-business record and this year he was focused on shepherding job-creation legislation to passage. We applaud his support of the economic competitiveness package and for his leadership within his caucus,” says Glenn Hamer, president and CEO of the Arizona Chamber of Commerce and Industry.

“Sen. Pierce knows that doing the right thing isn’t always the popular thing. We commend him for his work to advance to the ballot a measure to eliminate public funding for political campaigns. It’s a stance that might not earn him the title of Mr. Popular among his colleagues, but we believe his leadership on this and other important issues helps make Arizona a better place to work and live,” says Hamer.

Sen. Pierce is a third-generation Arizonan, a graduate of Prescott High School and the University of Arizona. He operates the ranch outside Prescott that his father acquired fifty years ago.

The 2011 Chamber Awards Luncheon honoring Sen. Pierce and others is being held June 24 at the Scottsdale Plaza Resort.

Sen. Sylvia Allen is calling together a group of wildfire experts and State Senators to learn more about the tragic fires burning in our state and to develop the best public policy to avoid massive wildfires in our future. A public hearing is scheduled for Thursday, June 30 at Show Low High School, beginning at 1 p.m.

Dr. Wally Covington, a nationally-recognized leader in wildfire practices and Director of Northern Arizona University’s Ecological Restoration Institute will speak. Other speakers include Navajo County Board of Supervisors Chairman David Tenney and Dr. Dave Garrett, the former Dean of NAU’s School of Forestry.

“It is obvious something is happening in our state that needs to change. The five largest fires in Arizona history have all occurred in the past decade. Fires are burning hotter, faster and larger,” says Sen. Allen, a Republican from Snowflake.

Sen. Allen is already supporting ideas that will make Arizona lands safer and improve the state economy. She’s looking at salvage timber sales, environmental law reforms and long-term contracts with businesses willing to invest millions to build infrastructure.

“I’ve sent letters to Senators Jon Kyl and John McCain and Congressmen Flake and Gosar, emphasizing the importance of the state and federal government working together to properly manage our lands. We owe it to our citizens,” says Sen. Allen.

Members of the Maricopa Community Colleges Governing Board last night voted 3-2 to keep tuition at levels set in March and scheduled to go into effect in July. This action negated an effort led by Board President Randolph Lumm to reconsider the March vote and continue to allow illegal aliens to qualify for in-state tuition. State law clearly bars community colleges from granting illegals in-state tuition.

Sen. Linda Gray learned from board member Debra Pearson that the MCC Governing Board was holding a special meeting Tuesday night, to consider backing out of a March tuition agreement that finally put the Colleges in compliance with Proposition 300. That is the proposition passed by more than 70% of Arizona voters in 2006, barring illegal immigrants from in-state tuition.

Sen. Gray moved quickly to write a letter to Attorney General Tom Horne, alerting him to the issue and raising questions about the legality of such a move by the Board. The letter was also signed by Senate President Russell Pearce and numerous Republican Senators and Representatives. In the letter, she included direct wording from Proposition 300.

A person who is not a citizen of the United States, who is without lawful immigration status and who is enrolled as a student at . . . any community college under the jurisdiction of a community college district is not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies.

Sen. Gray also asked the Attorney General about possible penalties a community college might face for classifying those not lawfully present in the United States as in-state students. With the vote of the Board last night, MCC will not face penalties, and the District is back in compliance with state law.

June 20, 2011

Honorable Tom Horne

Arizona Attorney General

1275W. Washington Street

Phoenix,AZ 85007-2926

RE: Community colleges; student not lawfully present in U.S.

Dear Attorney General Horne:

I am writing to you about the classification by a community college district of a person who is not lawfully present in the United States for tuition purposes.

Proposition 300, approved by 71.4% of the voters in 2006 specifies that a person who is without lawful immigration status is not entitled to classification as an in state student or entitled to classification as a county resident. See Proposition 300, codified in part at Arizona Revised Statutes (A.R.S.) § 15 1803. Presumably a person who is without lawful immigration status would be eligible to receive the out of state or out of county tuition rate established by the community college district.

However, A.R.S. § 15 1825, also part of Proposition 300, further specifies that: A person who is not a citizen of the United States, who is without lawful immigration status and who is enrolled as a student at . . . any community college under the jurisdiction of a community college district is not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies.

(Emphasis added.) If the out of state or out of county tuition rate does not cover the full cost to educate a student who is not a United States citizen or who is without lawful immigration status, the broad prohibition in A.R.S. § 15 1825 may also disallow an out of state or out of county tuition rate if providing that classification to the student is deemed as “tuition assistance” in contravention to the statute. See also A.R.S. § 1 502 and 8 United States Code § 1621 (requiring a person who applies for any state or local public benefit, including any postsecondary education benefit, to demonstrate lawful presence in the United States and implicitly providing that a person who cannot demonstrate lawful presence is ineligible for the benefit).

With this background, may a community college district classify a person who is not lawfully present in the United Statesas an in state student or a county resident for tuition purposes? If this classification is improper, what penalties does a community college district face for providing such classifications? May a community college district create separate tuition levels to circumvent the provisions of Proposition 300?

Thank you for your assistance in this matter.

Sincerely,

Senator Linda Gray

Senator Russell Pearce

Senator Steve Pierce

Senator Sylvia Allen

Senator Rick Murphy

Senator Frank Antenori

Senator Nancy Barto

Senator Rich Crandall

Representative Jack Harper

Representative Brophy McGee

Representative KimberlyYee

Representative John Filmore

Representative Judy Burges

Representative Nancy McLain

Representative Terri Proud