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<p><b><font size="2">Lawmakers sift through 21 surviving referendums<br>
</font></b><font size="2">The Arizona Republic<br>
May. 22, 2006 </font><br>
Carrie Watters<br>
<br>
<br>
A referendum to make English the state's official language still could make it 
to the November ballot.<br>
<br>
So might a proposal to change the title &quot;secretary of state&quot; to &quot;lieutenant 
governor,&quot; and one to limit government's power to take private property.<br>
<br>
But most referendums proposed by lawmakers this session have gone by the 
wayside. Only 21 of the original 75 remain alive. And it's likely only a handful 
will make it to voters. Hoping to keep from wearing down Arizonans with a 
hopelessly complicated ballot, lawmakers still must whittle the proposals down 
to an elite few. This typically happens just before the close of the session. 
The chosen ones could affect who shows up at the polls. The English Only 
referendum, for example, might draw many conservative voters.<br>
<br>
Occasionally, the measures are considered an outlet for Republican lawmakers 
hoping to get around Democratic Gov. Janet Napolitano's vetoes. Lawmakers have 
talked about a referendum making it a crime for undocumented immigrants to live 
in Arizona, for example. But so far, no such referendum has been approved for 
the ballot.<br>
<br>
Besides voting on the legislative measures, Arizonans also could encounter many 
citizens initiatives on the November ballot. No law limits how many referendums 
lawmakers can approve. But common sense steers them away from submitting too 
many.<br>
<br>
&quot;Some may be very good things, but voters get ballot fatigue,&quot; said Rep. <br>
Gary Pierce, R-Mesa.<br>
<br>
Some of the proposals that died along the way - often without ever getting to 
first base - include a measure to get rid of legislative term limits, a proposal 
to phase out the state income tax and a call for a state constitutional 
convention to overhaul Arizona's Constitution.<br>
<br>
<br>
Making the cut<br>
Senate President Ken Bennett and Speaker of the House Jim Weiers will play the 
key role in deciding which issues move forward. There's little doubt that 
election-year politics plays some role in the process, observed David Berman, a 
senior research fellow with the Morrison Institute for Public Policy at Arizona 
State University.<br>
<br>
&quot;English Only or the ones on border control serve a purpose of energizing the 
base of the party that you are trying to get out to vote, in this case the 
conservative Republicans,&quot; Berman said.<br>
<br>
The same holds true for citizens initiatives such as a proposed ban on gay 
marriages that is still trying to qualify for the ballot, Berman said. <br>
&quot;They're just tailor-made to get the skin boiling,&quot; he said.<br>
<br>
With President Bush's decline in the polls and a general discontent, voters in 
the Republican Party could need a motivator to get to the polls, he said.<br>
<br>
<br>
English Only<br>
One issue that stirs strong opinions and could make it to the polls is a <br>
proposal by Rep. Russell Pearce, R-Mesa, to make English the state's <br>
official language.<br>
<br>
Arizona voters agreed to an &quot;English only&quot; measure in 1988, but the Arizona <br>
Supreme Court declared much of it unconstitutional. Pearce pushed the issue <br>
again last year in a bill that made it through the Legislature before being <br>
rejected by Napolitano.<br>
<br>
Pearce said last year that he didn't want to crowd the 2006 ballot with a <br>
referendum on the issue. He's changed his mind.<br>
<br>
Pearce introduced House Concurrent Resolution 2036, which mandates that <br>
government services, programs and publications be provided in English &quot;to <br>
the greatest extent possible.&quot; All official government actions would be <br>
taken in English.<br>
<br>
Pearce said this measure meets constitutional muster because it does not <br>
prohibit the use of languages other than English, except in official actions <br>
and on documents like state Web sites.<br>
<br>
&quot;It's simply the right thing to do. English is one of those things that bind <br>
us together as a nation and it's what this is about,&quot; he said.<br>
<br>
Sen. Dean Martin, R-Phoenix, proposed two ballot measures on immigration. <br>
Senate Concurrent Resolution 1031 prohibits undocumented immigrants from <br>
enrolling in adult education classes through the state. Martin said he would <br>
push to get the issue to ballot if the governor vetoes a comprehensive <br>
immigration package approved by the Senate but still being considered by the <br>
House.<br>
<br>
<br>
Lieutenant governor<br>
A less politically charged issue is Pierce's measure to turn the secretary <br>
of state into a lieutenant governor.<br>
<br>
The Mesa Republican is confident the referendum will be among those to make <br>
the cut as more than half of lawmakers signed on as co-sponsors.<br>
<br>
House Concurrent Resolution 2042 sailed through the House with a 43 to 17 <br>
vote.<br>
<br>
Amid complicated proposals, this one is simple: Rename the second-highest <br>
political post in the state, but not change the responsibilities.<br>
<br>
Arizona is one of eight states that do not have a lieutenant governor. Most <br>
people know the secretary of state as the official who oversees elections, <br>
but he or she is also the next in line to the Governor's Office if it is <br>
vacated.<br>
<br>
That has happened three times in the past three decades.<br>
<br>
Pierce said his proposal is to ensure voters understand the importance of <br>
the position as second in command in the state.<br>
<br>
<br>
Public lands<br>
Voters may have to decide between competing measures that aim to reform the <br>
management of the state's trust land.<br>
<br>
It wouldn't be the first time. Sometimes two or more sides think they have <br>
the best solution. Sometimes one proposal is an attempt to derail another <br>
issue, Berman said.<br>
<br>
&quot;It can muddy the issue and it confuses voters,&quot; he said.<br>
<br>
In this case, one is a legislative referendum sponsored by Rep. John Nelson, <br>
R-Glendale. The other is a citizens initiative called &quot;Conserving Arizona's <br>
Future&quot; that is supported by the Arizona Education Association.<br>
<br>
Early on, both sides were talking and trying to reform how the State Land <br>
Department manages its 9.2 million acres of trust lands.<br>
<br>
The trust land, handed over from the federal government at statehood, <br>
provides money for public services, primarily schools, through leasing and <br>
sale of the land.<br>
<br>
Both sides say the Land Department needs better tools to enhance the land it <br>
oversees and bring in more money. Currently, the Land Department can sell or <br>
lease only to the highest bidder.<br>
<br>
Nelson's proposed referendum would allow state trust land in urban areas to <br>
be given to local governments for permanent conservation. Another 400,000 <br>
acres in rural areas would be given to county governments.<br>
<br>
John Wright, president of the AEA and treasurer of Conserving Arizona's <br>
Future, criticizes Nelson's plan for not identifying specific acreage.<br>
<br>
The citizens initiative identifies about 690,000 acres of specific land that <br>
could be sold to local governments for conservation. Both say that some land <br>
should be set aside for conservation and that rather than siphoning money <br>
from schools, it would increase the value of the adjacent land.<br>
<br>
<br>
Eminent domain<br>
More than a dozen bills flew into the Legislature this session to protect <br>
property rights against eminent domain after a U.S. Supreme Court decision <br>
in 2005 that said cities could use eminent domain to take private property <br>
and give it to another private owner for development because it would be an <br>
economic benefit to the city.<br>
<br>
Sen. Chuck Gray, R-Mesa, is pushing both a bill and referendum to limit <br>
government's power to take private property. Gray said one would move <br>
forward, although it is unclear yet whether it will be through the <br>
legislative process or through the people.<br>
<br>
Senate Concurrent Resolution 1019 reiterates what case law has already <br>
determined in Arizona, that private property cannot be taken simply to <br>
increase tax revenue such as through redevelopment projects.<br>
<br>
The proposed referendum would also give homeowners the opportunity for a <br>
jury trial to determine if a specific instance is &quot;public use.&quot;<br>
<br>
One piece of the ballot measure that is of particular concern to city <br>
officials is that property owners could sue if a city zoning change or <br>
enforcement of a city ordinance has a negative impact on their property <br>
value.<br>
<br>
Phoenix Mayor Phil Gordon has called it a &quot;litigation bonanza.&quot;<br>
<br>
Gray said the measure is being refined to address concerns, including <br>
clarification that the property owner could sue if the zoning change was <br>
made directly to his property.<br>
<br>
<br>
&nbsp;</p>

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