Senate OKs giving courts power to divide assets in filing of divorce

LEGISLATIVE BRIEFS

Thursday, 16 March 2000

By Howard Fischer
Capitol Media Services

PHOENIX - State senators voted yesterday to give courts a new weapon to prevent spouses from cleaning out the joint checking account when they file for divorce.
The legislation would require judges to divide cash and other liquid assets when a divorce petition is filed. That usually doesn't occur now until the end of the case.
Supporters of the measure, HB 2506, said one spouse can tie up all the assets, leaving the other with no money to feed the family or hire an attorney.
The result, they said, is that the spouse with the money invariably does better in the legal battle.
Sen. Marc Spitzer, R-Phoenix, urged colleagues to kill the bill.
``It actually complicates the legal process,'' said Spitzer, making the already contentious process of divorce more expensive and complicated. ``The guns will blaze earlier, they will blaze longer,'' he said.

House OKs plan to limit wildlife initiatives

PHOENIX - The House gave final approval yesterday to requiring a two-thirds vote for any future initiative dealing with wildlife.
The plan, SCR 1006, is being pushed by ranchers and rural lawmakers who are upset that urban residents can approve measures like a ban on leg-hold traps, which was approved by 58 percent of voters.
The measure has to gain voter approval in November - by a simple majority - to become part of the state Constitution.
Rep. Steve Huffman, R-Tucson, criticized colleagues for allowing one-third of voters to thwart the will of the remaining two-thirds. ``You can't support democracy and be afraid of it at the same time,'' he said.

Gas tax for ground water cleanup killed

PHOENIX - Citing already record-breaking gasoline prices, state lawmakers yesterday killed legislation for a temporary penny-a-gallon tax to help pay for the cleanup of contaminated ground water.
The measure, SB 1319, got 32 votes in the 60-member House. But the state Constitution requires a two-thirds margin for any tax increase, leaving the measure eight votes short.
Backers may try to bring the measure back later this month.
Funds from the three-year hike, which would take effect July 1, would go to paying off debts already incurred by property owners who fixed underground storage tanks that were leaking gasoline into the water supply.
Money also was set aside to help small towns fix their own gasoline tanks.
``These are health risks that must be cleaned up,'' said Rep. Carolyn Allen, R-Scottsdale. Rep. Laura Knaperek, R-Tempe, called it a crucial safety and health issue.
Rep. Dan Schottel, R-Tucson, said there was no reason to make gasoline consumers pay. ``It is the low-income families that suffer the most'' from a gas tax increase, he said.

Tighter restrictions approved for extreme DUIs

PHOENIX - State senators gave preliminary approval yesterday to a new law requiring that people convicted of ``extreme driving under the influence of alcohol'' install ignition interlocks on their vehicles.
The legislation, HB 2351, is designed to eliminate a provision that allows - but does not require - a judge to order installation of the devices. A car will not start unless the driver has a ``clean'' breath sample.
Backers of the legislation point out that someone convicted of extreme DUI has a blood-alcohol content of at least 0.18 percent. The legal limit in Arizona is 0.10 percent.
The measure still requires a final roll-call vote; the House has approved the bill in a similar form.

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