Arizona Heritage Fund Update, Summer 2012

This past legislative session, HCR2047, sponsored by Representative Russ Jones (R-Yuma) and co-sponsored by a bipartisan group of 17 members of the House, would have placed a referendum on the November ballot seeking voter approval for reinstatement of the Arizona State Parks Heritage Fund. “Pristine areas that represent the varied vistas, flora, and fauna found throughout Arizona, along with many important fragile sites, represent the heart and soul of our state,” Jones said. “It’s particularly important now, as Arizona celebrates its Centennial, that we rededicate ourselves to the preservation of our historical roots and spectacular vistas.”

The bill passed its first hurdle, gaining the unanimous 9-0 vote of the House Agricultural and Water Committee. However, the measure was suffocated in the State House before it could even get a full debate. The House Appropriations Committee chairman, Representative John Kavanagh (R-Fountain Hills), said there were more important uses for the money and denied it a hearing.

“Voters fought for 22 years to protect this fund,” said Beth Woodin, President of the Heritage Alliance and former Arizona Game & Fish Commissioner. “We’re doing everything we can in our waking hours to bring it back to them. The Heritage Fund has a huge economic impact,” she said. “For legislators who are cranking the line about job creation and community pride, this is something really positive to have on your resume.”

In May, the Citizens to Save Arizona’s Natural Resources filed language for an Initiative to seek qualification for the November 2012 statewide ballot that provides voter-protected funding for the management and protection of our natural resources.  The new initiative called the Arizona Natural Resources Protection Act will ensure that current and future generations are able to enjoy the natural splendor, historic heritage and outdoor recreational opportunities offered at our Arizona parks and recreational areas.

This campaign was created in a very short time in response to the Governor’s veto of HB2362, state parks revenue fund, which was sponsored by Representative Karen Fann (R-Prescott). Fann’s bill would have established the State Parks Revenue Fund consisting of retail sales, appropriations, gifts, donations, user fees, concession fees and other revenue generating activities.

Previously, for many years, Parks was asked by the Governor and Legislature to operate like a business and make its own money. It did just that, and fairly well, but the Legislature took all of that too. HB2362 was intended to be a remedy for that sort of sweep. It passed the House and Senate with about 97% of the vote only to be vetoed by the Governor. Brewer did not like that there were no provisions to have those funds appropriated by the Legislature. As part of budget 2012 negotiations, those funds are now permitted to go to Parks as long as they are appropriated.

Currently, the group, Citizens to Save Arizona’s Natural Resources, is hoping it can gather the 230,000 or so signatures necessary to make it to the ballot for 2012. The Arizona Natural Resources Protection Act, if successful, will be funded donations from generous citizens when they renew their drivers’ registrations. The fee suggested is $14, but one may opt out of it for any or all automobile registrations. This is not a tax. It is voluntary. It is hoped that enough citizens will donate to fill the fund and more so that State Parks may once again keep all parks open and in good repair.

This Initiative language is written by Andy Gordon who penned the original Heritage Fund Initiative in 1990. Gordon is a partner with Coppersmith Schermer & Brockelman PLCand specializes in Election Law. This measure to help save State Parks is important for Arizona’s wildlife too. It would:

  • voter-protects the entire $10 million Game and Fish Heritage Fund.
  • establishes a new State Parks granting fund for $10 million to be used for habitat protection and purchase as well as environmental education and historic preservation.
  • protects all Arizona State Parks funds from Legislative sweeps.

If the Arizona Natural Resources Protection Act does not make it to the ballot or is not passed by the voters in 2012, another similar initiative will get crafted in November for the 2014 election cycle. The Arizona Heritage Alliance will continue leading the dialog with community leaders to reinstate the State Parks Heritage Fund.

A 2007 study estimated that 224 jobs were directly supported by Parks Heritage Fund grants. Heritage-funded improvements to parks and historic sites help attract more than 2 million visitors, about half from out of state, who add $266 million to our state’s economy each year and support an additional 3,000 jobs, mostly in rural areas that have been among the most heavily impacted by the economic downturn.

Reinstatement of the parks funding is not a partisan issue. It is not a liberal-conservative issue. It is common sense and sound business practice a win-win for wildlife and habitat, outdoor recreation, historical restoration and Arizona taxpayers.

For more information regarding the Arizona Natural Resources Protection Act go to:

Arizona legislators want to water down voter intiatives

[Source: Kellie Mejdrich,  Arizona-Sonora News Service] – State legislators want voters to scuttle the power of their own initiatives. Legislators crafted a number of constitutional amendments that subjects voter initiatives to periodic re-authorization, audits their effectiveness, subjects them to legislative appropriation and repeals certain initiatives altogether. GOP legislators say voter initiatives limit their ability to appropriate funds from a tight budget and call the process an outright threat to a “republican, smaller, form of government,” said Sen. Frank Antenori, R-Vail.

Critics call the push to water down voter initiatives a legislative intrusion into the peoples’ lawmaking process. GOP legislators tout the reforms as essential to maintaining Arizona as a state governed by a legislature, not direct democracy. Now, citizens can put laws to a vote by collecting signatures from 10 percent of the electorate—around 100,000 signatures—and change the state constitution by collecting 15 percent—around 150,000 signatures. If approved at election, the initiative becomes law and cannot be repealed or vetoed by the Legislature or the governor. That initiative remains law unless voters gather the necessary signatures to repeal the measure.

Republicans argue that reauthorization helps voters, but critics say it’s an attempt to alter fundamentally Arizona’s identity as a state. “This state would be so different if this legislature overturned the will of the people who passed these initiatives,” said Sen. Paula Aboud, D-Tucson, during a committee hearing for a bill sponsored by Antenori, which requires reauthorization of any initiative passed after 1998 that ” creates a fund for public monies, dedicates public monies to a specific purpose or otherwise affects (general fund) revenues or expenditures,” the bill language states.

Antenori’s SCR 1031 requires reauthorization of such initiatives after eight years. A similar bill, HCR 2005, is sponsored in the House by Rep. Chester Crandell, R-Heber. Crandell and Antenori will combine their bills as they approach final passage, Antenori said. The measure would push re-votes on a number of initiatives including Clean Elections, the Independent Redistricting Commission, various tobacco taxes and litigation funds used for education.

Why not let citizens who want to change an initiative propose a revote on it? It’s not that simple, legislators said. “A lot of folks aren’t able to get that done. They don’t have the resources to do it,” Antenori said. “The threshold for doing that is significantly higher, and more difficult and costly.”

Tim Hogan, executive director of the Arizona Center for Law in the Public Interest, a nonprofit law firm that defends ballot initiative cases in the state, rejected that argument, adding “the legislature just doesn’t like the initiatives.” “They can come up with those kind of silly arguments. Well, it doesn’t stop people from doing initiatives. We have a ton of them all the time,” Hogan said. “If the people thought those laws were so terrible, I’m sure that somebody would do an initiative to get rid of them.”

Legislators also argue that the electorate has changed — voters die or move and new voters often do not know what initiatives are on the books. “People are uninformed,” Crandell said. “Once it becomes an initiative, and once it starts collecting the money, nobody ever goes back and looks at it again.” Hogan said that argument was glib.

Clarkdale moves ahead with river access project Town and State Parks Board form agreement

[Source: Philip Wright, Verde Independent] – The town and the State Parks Board will work together to expand access to the Verde River. The Town Council voted unanimously during a special meeting March 15 to approve an intergovernmental agreement with the state to develop the Tuzigoot River Access. “The IGA is a huge benefit to the Verde River at Clarkdale plan,” said Mayor Doug Von Gausig. “It gives us an anchor location that will be where most people park to be transported up-river with their kayaks, and a place for picnics and community gatherings.” Von Gausig said this access point at Tuzigoot Bridge will once again give Clarkdale an outdoor recreation site like Peck’s Lake was years ago.

In a staff report to the council, Jodie Filardo, community/ economic development director, stated that for the town to move forward with a Heritage Fund Public Access project to expand access to the Verde River for mobility challenged individuals, site control of three parcels owned by Arizona State Parks is required. The town is currently seeking a grant from the Heritage Fund for $40,500. Filardo explained that the purpose of the IGA is to cooperatively manage and operate the site in question to develop enhanced public river access. Under the IGA the town and State Parks Board will work together to accomplish the enhanced river access. Clarkdale will provide for staffing, operation and routine maintenance of improvements made by town.

Von Gausig said that after looking at all possible locations, the town approached Deputy Parks Director Jay Ream with the idea several months ago. “We decided the best and most practical solution for Clarkdale and for State Parks would be a cooperative agreement that allows Clarkdale to manage the 70-acre Tuzigoot Bridge property,” Von Gausig said. He explained that the agreement would provide for Clarkdale to make some improvements and anchor the town’s project at the site.

“He liked it,” Von Gausig said. “We worked with Jay and others to finalize the terms of the IGA. It’s finally done.” Von Gausig said this will be the first in what the town hopes is a string of facilities along the Verde River as it flows through the Verde Valley. He said the facilities would support recreational boaters, hikers, birding enthusiasts and people who just want to get a little peace and quiet in their lives.

“This is a huge step forward for the Verde River at Clarkdale and for the Verde River,” Von Gausig said. He explained that the grant will be used for master planning the area near the Tuzigoot Bridge, to include architectural plans, roadway improvements and some fundamental improvements to the area that will enable better, more accessible recreational opportunities.

Yuma Legislator right to seek funding vote opportunity

[Source: YumaSun.com Editorial] – It looks like Arizonans may not get to vote on whether they want to set aside money to support outdoor programs and parks in the state. A legislative measure sponsored by Yuma’s State Rep. Russ Jones to accomplish this goal appears to have been smothered in the State House before it could even get a full debate. The House Appropriations Committee chairman, Rep. John Kavanagh of Fountain Hills, said there were more important uses for the money and denied it a hearing.

It is a shame that Jones’ effort to give voters a voice in this decision was dismissed so casually. In our view, Kavanagh feared voters would make a different choice than they did and that is why an end was brought to the measure. Jones’ goal was to let voters decide whether to restore the state’s Heritage Fund that was created by Arizona voters more that 20 years ago. Each year $10 million in Arizona Lottery money was given to the Arizona Game and Fish Department and $10 million to the State Parks Department. The funds were used to support state parks, protect endangered wildlife and promote outdoor activities.

Unfortunately, lawmakers decided they needed the money for other purposes during the economic downturn and eliminated the fund in 2010. This is one reason that communities like Yuma have had to come to the rescue of state parks operations in recent years. Jones was right to try to let voters decide where the priority should rest. It would not be a matter of asking for more taxes for the fund. The money comes from Arizona Lottery revenues.

Supporters hope they can get around the roadblock, but that may not be possible. There is an alternative and that is for supporters to gather signatures to put the measure directly on the ballot rather than going through the Legislature. It is difficult and costly, but it may be the only option.