Advocacy - Advocacy Alerts
Thursday, April 29, 2010 Defeat of HB2464 & HB2060
ASPF opposed HB2060, though it would have meant a quick-cash
infusion to Arizona State Parks, because the restitution of the fund, as
described in the bill, did not enhance the program as stipulated by the
Voter Protection Act. On its own merit, the measure appeared to be
unconstitutional, though many would argue the point. Further, this
effort demonstrated a clear intention of the Legislature to raid a
voter-protected fund, a "nose under the tent" attempt that ASPF was
unwilling to support.
Tuesday, April 26, 2010 Senate Amendments to H.B. 2464
Multiple amendments to HB2464 are expected by Tuesday that will
certainly change details noted above. However, ANY loss to Arizona
State Parks of revenue to the City of Lake Havasu from the lease of Lake
Havasu State Park will have a damaging effect on the remaining parks in
the Arizona State Parks system.
ASPF urges you to contact your Senator TODAY to encourage him/her to OPPOSE this extraordinarily damaging legislation. Click here for a SAMPLE LETTER.
This Striker, sponsored by Senator Ron Gould (R-Dist. 3), directs the Arizona State Parks board to enter into a lease agreement with Lake Havasu City for Lake Havasu State Park for a term of 25 years that limits revenue to Arizona State Parks to $50,000 annually.
Lake Havasu State Park is a linchpin in the state park system and is anticipated to generate $1.1 million in revenue and $400,000 - $500,000 in net revenue next fiscal year. Net revenue created by this park funds the operation of numerous other state parks in the system. Without it, the state parks scheduled to remain open will undoubted close and those currently closed will remain gated for an undetermined period of time.
Explanation of Projected Net Revenue for Lake Havasu State Park
During fiscal year 2009 (July 1, 2008 - June 30, 2009), Arizona State Parks (ASP) had a $26 million operating budget that included $8.6 million in General Fund support. Fees at Lake Havasu State Park were then $10/day, $125/annual pass.
In December, 2009, the Arizona State Legislature swept $9.2 million from the agency. Though warned of the far-reaching impacts these sweeps would create, and of the negligible benefit they would contribute to the state budget deficit back-fill effort, the Legislature moved forward with the sweeps.
This action prompted ASP to increase fees at Lake Havasu State Park to $15/day on weekends (Friday, Saturday & Sunday), $200/annual pass (effective March 1, 2010). These increases were geared to help the agency meet the operational needs of state parks throughout the system.
Through March 30, 2010, (three-quarters into FY2010) gross revenue at Lake Havasu State Park was $615,000, a $94,000 increase over the same nine month period in FY2009. (On Saturday, April 24th, visitors generated $10,000 in gate fees for the park; the largest revenue day in the history of the park.) By its very nature, Lake Havasu State Park enjoys greatest visitation in April May & June, the final quarter of the fiscal year. Net revenue projections for the park for FY2010 are $205,000, compared to $38,000 in FY2009.
Increased gate fees noted above create a projected net revenue for Lake Havasu State Park of approx. $424,000 in FY 2011 (July 1, 2010-June 30, 2011).
Tuesday, March 30, 2010 Rebuttal of Rep. John Kavanagh's OpEd in The Arizona Republic
Rep. John Kavanagh, in a letter to the Editor at The Arizona Republic, continues to declare HCR2040 unconstitutional. He cites that "an attorney for state parks" has agreed with him. This statement is simply untrue. Attorneys within the Arizona Attorney General's Office who represent and advise the Arizona State Parks Board HAVE NOT provided an option to Rep. Kavanagh on this matter.
In fact, Rep. Kavanagh was told directly by an Arizona State Parks executive that no lawyer for State Parks has concluded that HCR2040 is unconstitutional. Nor has anyone in the Attorney General's office offered such an opinion. Further, other lawyers he cites (who work for him) say privately that they aren't as sure as he is and for good reason.
The $1.50 Air Quality Research Fee (AQRF), paid by every Arizonan who registers a vehicle, has already established precedent for a fee to be attached to the vehicle registration process. The nexus between air quality and vehicle owners may be stronger than between vehicle owners and park users, but that is not the issue posed by the Arizona Constitution.
The AQRF is not used to build roads. So, either the AQRF is unconstitutional or HCR 2040 is not. Rep. Kavanagh's other arguments opposing HCR20240 can certainly be sorted out by the state's voters, if he will only give them the chance.
Tuesday, March 23, 2010
Rep. John Kavanagh creates Striker to HB2599 - NO Solution for Sustainable State Park System
Rep. Kavanagh's proposal to allow voluntary $10 contributions to be made to Arizona State Parks along with vehicle registrations may be well meaning, but it will do nothing to rescue our Arizona State Parks from the current financial crisis which is causing state park closures and the inevitable destruction of our state park system. There is no way to estimate how much revenue would be produced and what it would contribute to Arizona State Park operations, staffing and capital needs. The bill calls for an audit of the results on February 1, 2013. By that time, without a meaningful infusion of funds, the Arizona State Parks system will be nonexistent. Moreover, there is no mechanism for the Department of Transportation, which can't keep its highway rest areas operating, to recover the cost of administering the program. Lastly, this bill simply sews confusion among legislators and voters as it disguises itself as a sustainable funding solution for Arizona State Parks. It is NOT. No state agency should be solely funded on the whim of contributors.
Tuesday, March 16, 2010
ASPF opposition to Rep. John Kavanagh's position on HCR2040
and Arizona State Parks funding
As chairman of the House Appropriations Committee, Rep. John Kavanagh (R-Dist 8), has almost single-handedly destroyed the State Parks System, trashing some of Arizona's irreplaceable assets and wrecking an enterprise that contributes nearly $300 million annually to the state's economy.
The Governor's Task Force on Sustainable State Parks recommended a permanent funding source for parks to avoid the raids the Legislature has repeatedly made on Parks funds. HCR2040 (To view, select 49th Legislature - 2nd Regular Session 2010) reflects that recommendation by applying a $9 yearly fee to be collected at the same time that auto registrations are renewed. In return, autos with Arizona license plates would be admitted free to State Parks.
There is nothing unconstitutional about it. Our legal advice is that the Parks fee is not part of the vehicle license tax and does not violate Article 9, Section 14 of the State Constitution. The fee applies only to non-commercial vehicles and not to the many other vehicles that are licensed in Arizona. Besides, the registration process already includes an add-on fee for the Department of Environmental Quality that is not used for roads.
Mr. Kavanagh changes his reason for opposing Parks funding when it suits him. He recently responded to Sam Campana, director of Arizona Audubon, that he prefers HB2060 (To view, select 49th Legislature - 2nd Regular Session 2010). That bill would take $40 million from the Land Conservation Fund to support Arizona State Parks and other agencies. But that would really be unconstitutional because the Voter Protection Act covers the Land Conservation Fund, and he knows it. He has told others that he favors privatization of State Parks, even though private operators would never touch two-thirds of the state parks.
The Arizona State Parks Foundation is merely asking that state voters be given the chance to decide if they want to keep State Parks open. Mr. Kavanagh has starved the state park system to death without asking any voters, but he seems to have problems with voter decisions. Not only does he want to keep this decision from voters, he has voted to kill the Arizona State Parks half of the Heritage Fund ( HB2012 & SB1012 to view, select 49th Legislature - 7th Special Session 2010) authorized by voters and he wants to repeal the voter-approved Land Conservation Fund so that the money collected to preserve open space can go to the bottomless pit of the state general fund.
While it successfully passed out of House Natural Resources
& Rural Affairs Committee, HCR2040 is now stuck on Rep.
John Kavanagh's desk. As chairman of House Appropriations Committee (HAC), Mr.
Kavanagh has chosen to kill this potential funding source for Arizona State
Parks by simply not allowing it to be heard or withdrawn from HAC.
If you are a voter in Representative Kavanagh's District 8 (Fountain Hills & beyond), please write and urge him to place HCR2040 on the House Appropriations Committee agenda as soon as possible.
Be certain to cc Speaker of the House Kirk Adams (see email address below).
Click here for a Sample Letter.
Email address for Rep. Kavanagh: jkavanagh@azleg.gov
If you are a voter outside Representative Kavanagh's District 8, please write to
Speaker of the House Kirk Adams and urge him to force Rep. Kavanagh to add HCR2040 to the House Appropriations Committee agenda as soon as possible.
Click here for a Sample Letter.
Email address for Speaker of the House Kirk Adams: kadams@azleg.gov
The Heritage Fund...
is being swept entirely from Arizona State Parks for the current fiscal year (2009-2010). Further, House Bill 2012 (Fact Sheet and Senate Bill 1012 (Fact Sheet) (to view these select 49th Legislature - 7th Special Session 2010) both eliminate Arizona State Parks as a beneficiary of the fund which is generated by Arizona State Lottery sales. These funds are critical, particularly at this time, for continued state park operations.
For more information on the Voter-Approved Heritage Fund, visit The Heritage Alliance
Wed., January 20, 2010
Governor's Plan to Kill the Heritage Fund
On Friday, January 15th, Governor Brewer's Office released its Proposed Budget Plan within which the "Resolving the Budget Crisis" section included the following plans for the Arizona Lottery:
"The Executive calls for a 20-year extension of the Lottery, with the retroactive redirection of the major revenue streams to the General Fund. The Budget proposes redirecting the funds as of January 1, 2010 and will include the Local Transportation Assistance Fund (both the original Fund and Fund II), the County Assistance Fund, and the Heritage Fund. The redirection will provide $29.8 million in FY 2010 and $59.6 million in FY 2011."
In addition, a section of the Governor's Proposed Budget Plan titled, "One-Time Steps", recommends issuing $450 million in revenue bonds supported by Lottery revenues. Director Hatch-Miller and Kevin DeMenna were told by the House leadership the plan is to refer the lottery's reauthorization to the ballot for a Special Election on May 18, 2010.
The immediate impact of this action: Elimination of the Heritage Fund will eliminate all grant program distributions and Arizona State Park's ability to transfer Heritage Funds for park operations.
Sources: Governor's Fiscal Year 2011 Budget proposal
The Executive Budget: Media Presentation FY 2011
pg. 68 refers to "Redirecting Lottery Revenues to the General Fund"
pg. 78 refers to "Executive Authority to Reduce Appropriations" and includes
"The Governor should have authority under certain conditions to modify appropriations - including voter-approved programs"
The Executive Budget: Appendix FY2011
pg. 130 (138) refers to Fund Number 2296 - AZ Parks Board Heritage Fund
The Executive Budget zeros out all funding to the Arizona State Forester, the State Land Department and State Parks Board from this funding source for FY2011.
The Governor is redirecting Lottery revenues, including the voter-approved Heritage Fund, to the state general fund.
Friday, December 18, 2009
The cuts proposed in House Bill 2001 of the 5th Special Session are catastrophic to Arizona State Parks. Fund Reductions and Transfers totaling $3,151,100, coupled with Fund Sweeps of $6,088, 700 will eliminate the agency's ability to operate.
The Legislature is seeking $205 million in cuts to begin to address a deficit currently estimated at $1.5 billion. The proposed cuts to State Parks would equate to 5% of their solution, while State Parks currently receives less than 1/10 of 1% of the overall state budget. Additionally, State Parks receives NO money from the State General Fund, but the impact of the park system on the state economy is more than $266 million.
The proposed cuts would force significant reductions in staff, thereby forcing a closure of much of the park system this fiscal year. Without the revenues that the open parks generate, the agency will be forced to dispose of much of the property that it currently manages.
Some of the most problematic cuts include:
- $2,302,100 in reductions and sweeps to the Enhancement Fund, the agency's principle operating budget, will force reductions of approximately 75 staff and the closure of more than half of the parks. The resulting loss in revenue will result in a zero balance to begin the next fiscal year (July 2010).
- $1,915,800 in reductions and sweeps to the State Lake Improvement Fund is more than the projected ending cash balance available. These cuts would make it impossible to operate the parks along the Colorado River.
- $3,909,400 in reductions and sweeps to the Arizona Heritage Fund will imperil funding for critical State Parks capital projects (including a water line for fire suppression at Lake Havasu State Park and the extension of Benson water line necessary for the long-term health of Kartchner Caverns), and grants currently under contract.
Ongoing shortfalls in state revenues make it likely that Arizona State Parks will remain vulnerable to cuts and funding sweeps until Arizona's economy recovers.
In recent years, state lawmakers have siphoned millions of dollars from funds administered by State Parks. The cuts have been imposed upon a relatively small state agency and one of the few state agencies that actually produces tangible economic benefits for local economies.
As a means of better defending State Parks in the legislative arena, ASPF has accessed the recent 2007 Arizona State Parks Economic Impact study conducted by Northern Arizona University. This updated research demonstrates the indisputable economic value of parks throughout the state.
Keep tuned for updates on legislative issues and actions affecting your State Parks system and parks near you.