Legislative Briefing
Spousal rape, Tax incentives, Speeding, University employees, Education accountability

Published: 03.10.2004

Spousal rape

The House Committee on Human Services voted Tuesday to boost the penalty against men who rape their wives.

The action followed testimony by several women who said they were the victims of spousal rape. One woman said her now ex-husband was convicted, but because the crime is only a minor felony he served no time behind bars.

Current law makes the crime a Class 6 felony, which a judge can decide to treat as a misdemeanor. HB 2304, which now goes to the full House, boosts that to a Class 4 felony, which carries a presumptive seven-year prison term.

Tax incentives

Rural mining communities could get an economic boost under the terms of legislation approved 6-2 by the House Ways and Means Committee.

HB 2689 would grant property tax breaks to any abandoned mine site, mill or manufacturing operation. It also would expand income tax credits available for companies that locate in enterprise zones, which are areas of high unemployment.

Rep. Ernest Bustamante, D-Mammoth, said the closure of mining and smelting operations in San Manuel has left the area economically depressed.

He said the enhanced tax breaks would help attract other industries that could use some of the old copper facilities in the area. The bill now goes to the full House.

Speeding

On an 18-12 vote the Senate agreed to let the state Department of Transportation raise the maximum speed limit on rural interstate highways to 80 mph.

Current law sets the cap on those rural roads at 75 mph. Sen. Thayer Verschoor, R-Gilbert, said higher speeds may be appropriate and would be instituted only if ADOT believes they are safe.

Sen. Marsha Arzberger, D-Willcox, said residents of her rural area believe speeds are high enough already and don't want the change. The measure now goes to the House.

University employees

A divided House voted to require the Board of Regents to adopt policies designed to keep felons from being employed at the state's three universities.

Rep. Andy Biggs, R-Gilbert, complained that nothing keeps murderers, stalkers and other sex offenders from working on university campuses. HB 2369 would permit - but not require - the universities to immediately terminate anyone who has been found guilty of these offenses; those convicted of other felonies would not necessarily have to be fired.

The move came over the objection of the Board of Regents, which is planning to adopt its own policy on employment of felons in April. Biggs said if that policy proves satisfactory, he will withdraw the legislation.

Education accountability

The House Appropriations Committee voted 11-4 to let Arizona school districts opt out of President Bush's "No Child Left Behind" program.

Supporter of HB 2594 said the program has too many mandates that will be cost more than the $330 million in additional federal aid. Proponents like Rep. Russell Pearce, R-Mesa, groused that the U.S. Constitution does not permit Congress to "meddle" in state education issues.

The vote came over the objection of state school superintendent Tom Horne, who said he believes in the goals of the federal plan.

He said the solution is to urge Congress to remove the more onerous provisions of the plan rather than to endanger the federal funding.

-Capitol Media Services