This report describes the City’s proposed state legislative agenda for the First Regular Session of the 49^th Arizona State Legislature. Once modified and approved by the City Council, the agenda will define the City’s state legislative priorities and guide the City’s lobbying activities at the State Legislature. As bills are introduced and debated, the agenda will evolve with input from the Mayor and Council. The session will commence on Monday, January 12, 2009.

THE 49^TH LEGISLATURE

Democrats’ efforts to capture the House of Representatives fell short, even with a well-funded advertising campaign and “Get Out the Vote” efforts in targeted districts. Rather, Republicans fared well on Tuesday, increasing their margins in both chambers; 35 – 25 in the House, and 18 – 12 in the Senate. Leadership teams are finalized: the Senate Republican caucus elected Bob Burns (Peoria) as President, Chuck Gray (Mesa) as Majority Leader, and Pamela Gorman (Anthem) as Majority Whip. Senate Democrats elected Jorge Garcia (Tucson) as Minority Leader, Rebecca Rios (Apache Junction) as Assistant Minority Leader, and Linda Lopez (Tucson) as Minority Whip. Across the Capitol courtyard, the House Democrats selected an all-Phoenix leadership team: David Lujan (Minority Leader), Kyrsten Sinema (Assistant Minority Leader), and Chad Campbell (Minority Whip). House Republicans chose Kirk Adams (Mesa) as the new Speaker, John McComish (Phoenix/Ahwatukee) as Majority Leader, and Andy Tobin (Prescott) as Majority Whip. As of this writing, it is still unclear whether the Governor will complete her term or accept a position in the new presidential administration.

Guiding Principles and Key Priorities

Each year the State Legislature considers thousands of bills and amendments, many of which impact municipal operations. Staff will brief the Mayor and Council throughout the session and seek direction regarding important bills and amendments; however, in order to prioritize and guide staff’s lobbying efforts, we recommend that the Mayor and Council endorse familiar, but critical, guiding principles as our highest priorities – maintaining and protecting local authority, enhancing fiscal sustainability and opposing unfunded mandates.

Local Authority – Cities and towns are established voluntarily by people living in communities in order to foster economic activity and deliver services that protect public health, safety and quality of life. Phoenix was incorporated in 1881, thirty-one years prior to Arizona statehood, and has enjoyed 127 years of uninterrupted growth and community involvement. The City’s Charter, adopted in 1913, empowers Phoenix residents to determine the structure and authority of city government in our unique community. Staff recommends that the City work to protect the ability to set policy at the local level and oppose legislation that preempts local authority.

Fiscal Sustainability – The City’s budget includes revenues from a number of State sources, most importantly “shared revenues” from state income, sales and vehicle license taxes. Shared revenues make up one-third of the City’s general fund, helping to pay for police, fire, streets, parks, and other critical City services. Staff recommends that the City oppose any reduction of shared revenues. Also important, staff recommends that the City work to maintain other state revenue sources such as highway user revenue (HURF), local transportation assistance (LTAF), Heritage Fund, and other funds such as federal or other grants passed through the State to the City.

The State’s FY 2009 budget signed by the Governor in late June 2008 included an unfortunate surprise – an unprecedented, mandatory “contribution” from cities, towns and counties of over $29 million. The Phoenix share of that “contribution” is $5.6 million according to the Joint Legislative Budget Committee (JLBC). The League of Arizona Cites and Towns retained attorneys to analyze the mandate; they have prepared a written opinion that it is unconstitutional because it increases state revenues but was not passed with the required two-thirds majority vote. At this time it is unclear how this issue might be resolved, but staff recommends that the City work to reverse it and prevent any similar action in future budgets. The two-thirds threshold for altering formula funding for cities and towns such as shared revenue and HURF was confirmed in a January 2008 opinion by the Arizona Legislative Council requested by Rep. Steve Farley (D – Tucson).

Oppose Unfunded Mandates – Given our fiscal predicament, new unfunded mandates could force the City’s budget further into the red. Some of the mandates the City experienced last session included new jail costs related to an increase in DUI penalties ($6 million), Highway Revenue User Fund reductions ($6 million), and the Local Area Transportation Fund II sweeps ($2.8 million). Staff recommends approval to oppose state legislative efforts that shift new programmatic duties to the City without accompanying funds.

OTHER LEGISLATIVE ISSUES

In addition to the guiding principles and priorities described above, staff recommends that the City include a limited number of specific issues in its agenda for 2009. These issues have been identified by staff as well as the Mayor and Council over the last several months to respond to specific community needs.

Public Safety

Adequate Funding for the Statewide 9-1-1 Emergency System – New communication technology increases burdens on public safety answering points (PSAPs). In order for 9-1-1 operators to receive important information such as wireless phone locations and callback numbers when users dial 9-1-1, computer networks need upgrades. Exacerbating this challenge is the anticipated shortfall in funding, due to legislative 9-1-1 fund sweeps and reductions to the telecommunications public safety tax. Last year, the City introduced legislation that would address the shortfall in the emergency 9-1-1 system by adjusting administrative fees that the Arizona Department of Administration receives and transferring a portion of these funds to the regional 9-1-1 network. Unfortunately, this legislation did not pass and the Maricopa Region 9-1-1 office was forced to cut one staff position. Staff requests approval to again seek legislative solutions to address 9-1-1 service/funding needs.

Additional Revisions to Metal Theft Statutes – Metal theft continues to plague our community. Thieves target various types of metal-based property including air conditioning units, catalytic converters, and city manhole covers. Not only do these crimes carry a financial cost but also create threats to safety. Staff requests approval to pursue legislation that strengthens law enforcement's ability to tackle this issue.

Revisions to Reckless Driving Laws – Reckless driving violators may be subject to mandatory enhanced/increased sentencing for prior convictions for the same offense. The Prosecutors’ Office has identified inconsistencies in the reckless driving laws which impact sentencing of these repeat violators. Staff requests approval to seek changes to the reckless driving laws to clarify application of mandatory enhanced sentencing for repeat offenders.

Felony Dog Bites – Each year, more than 5000 animal bites are reported to Maricopa County’s Animal Care and Control Division; more than 1500 of the victims of those bites are under 12 years old. Given these statistics, the County is concerned that current state laws are not sufficient to act as a deterrent, and is considering a change in state law to allow dog owners who knowingly endanger others with a vicious or dangerous dog to be charged with a felony. Staff requests approval to support Maricopa County’s efforts to strengthen the state’s animal biting laws.

Neighborhoods

Increased Penalties on Graffiti Crimes – Graffiti vandals spread their blighting impact throughout communities and cost local government and private property owners millions for removal. For deterrence purposes, staff requests approval to pursue legislation that would increase the penalty for damaging property with graffiti to a class 1 misdemeanor.

Tenant Notification on Foreclosure Sales – Phoenix, like many other cities in our country, has an increasing number of properties in foreclosure, including many multi-family properties. Tenants of these properties are often the last to know and have few rights when a foreclosure sale happens forcing them to vacate with little or no notice. Staff requests approval to seek a change in state law to add tenants to the list of interested parties that must be contacted before a trustee sale, providing impacted residents additional time to seek alternative housing.

Reporting Requirements for Residential Rental Properties Acquired Via Foreclosure by Out-of-State Parties – Currently, entities that own residential rental properties are required to register contact information with the County Assessor’s Office. This information is helpful in locating these owners when issues arise with their properties. Staff requests approval to amend state law to require contact information from out-of-state entities that acquire residential rental properties via foreclosure.

Community Development

Continued Social Service Funding from the State – As the economy worsens, the City is hard-pressed to provide much-needed social services in the community. Federal funds that are passed to the City through the discretion of state agencies help us serve more residents. Some of this funding pays for direct utility assistance, family caseworkers, and homelessness services. Given the state’s budget situation, these pass-through monies are at risk of being used to balance the state’s budget deficit. Staff requests approval to advocate continuation of passing though these funds at last year’s levels.

Preservation of Municipal Impact Fee Program – Last year, a stakeholder group including representatives from the development community and cities and towns successfully pursued legislation that prohibited an increase of impact fees against a specific development for 24 months after approval of a final subdivision plat or site plan amendment for that development. That measure was vetoed by the Governor. Similar legislation likely will be introduced again next year. Staff requests Council support to oppose legislation that negatively affects the City’s impact fee program.

Economic Development

Adjustments to Film and Motion Production Tax Incentives – In 2005, the legislature approved film and motion picture production tax incentives as a means to promote production of commercial motion pictures in the state. The Arizona Film and Media Coalition – a grassroots organization consisting of economic development and media groups – will pursue legislation next year that extends the 2010 sunset on the current tax incentives program, as well as minor changes to streamline the application process. Staff requests approval to support the Coalition’s efforts to extend and enhance Arizona’s film and motion production tax incentives program.

Establishment of a Renewable Energy Business Tax Credit Program – The Greater Phoenix Economic Council (GPEC) is advocating a renewable energy business tax credit with hopes of stimulating new investments in manufacturing and headquartering operations of in-state and out-of-state renewable energy companies. Potential legislation would establish a 5-year program that would create a tax credit equal to 10% of new capital investment. Staff requests approval to support GPEC’s efforts in pursuing this type of legislation.

Water and Environment

Supporting Sound Statewide Water Policy – Staff continues to work with stakeholders discussing water policy to address challenges of continued growth both in and out of the urban areas. The City has been a leader in advocating sound, sustainable water policy, and has developed a secure water resource portfolio for the continued growth and vitality of our community. Staff requests approval to engage in water policy discussions at the State legislature that continue those policies.

Mutual Aid Agreements Between Public and Private Water/Wastewater Entities – State law prohibits local governments from entering into mutual aid agreements with private utilities, limiting the prompt exchange of available resources in a declared emergency. Staff requests approval to seek legislation that would permit government entities to enter into mutual aid agreements with private water and wastewater companies.

Other Issues

Penalties for Equine Tripping – Last session, legislation was introduced that made it a class 1 misdemeanor to intentionally trip an equine (horse or donkey) for entertainment or sport, but the measure was not adopted. Staff requests approval to pursue legislation that establishes a class 1 misdemeanor for equine tripping.

Simplification of the Public Construction Procurement Process – Current state law permits public agencies to self-perform work without going out to bid. Current provisions have dollar thresholds associated with different types of construction work that can be done by an agency with its own construction resources. The dollar thresholds and associated cost elements for each threshold vary greatly depending on the types of work being done. The current law is difficult and nearly impossible to interpret, and does not present a clear answer within a public agency on how, when, and to what extent it can use its own forces to do construction and/or maintenance-related work. Staff requests approval to seek legislation that would simplify the dollar thresholds and cost allocation.

Updating State Regulations of Motor Vehicle Safety Equipment – The Federal Motor Carrier Safety Administration (FMCSA) regulates and enforces the operation of large trucks and buses sold in the United States. Recent changes in federal law regarding positioning of vehicle head and tail lamps are in conflict with state laws. Staff requests approval to pursue legislation that brings state law in alignment with federal regulations in the area of vehicle head and tail lamp location.

CONCLUSION

This report is for input and discussion only. Government Relations continues to seek ideas and information from City Council, City management and department staff to finalize the 2009 State Legislative Agenda.

CITY COUNCIL REPORT
WORK STUDY SESSION AGENDA
TO:	Frank Fairbanks City Manager	AGENDA DATE:		November 18, 2008
FROM:	Karen Peters Government Relations Director	ITEM:	3
SUBJECT:	2009 FEDERAL AGENDA

The purpose of this report is to present federal issues for discussion and input leading to the final staff recommendation of the City’s 2009 federal agenda for Mayor and Council approval later this year. Once modified and approved by the City Council, the agenda will define the City’s federal legislative priorities and guide the City’s lobbying activities at the federal level. The current national economic and political environment presents significant new challenges and opportunities for the City; success in achieving our federal goals is more important than ever this year.

BACKGROUND AND GUIDING PRINCIPLES

The City has many critical relationships with the federal government. It regulates most aspects of City operations and has significant control of some services. The City must continuously work to understand, comply with, and provide input to federal laws and regulations that impact our operations.

The federal government also provides significant funding for the City. Some of these funds pay for critical operating programs like Head Start, police officers and emergency preparedness. Other funds pay for important capital improvements like airports, transportation and Rio Salado. Some funds are distributed by formula and others are competitive grants. In return for the funds, we become responsible for compliance with complex grant requirements. Although some of our work is with Congress, most activity is with the federal agencies that handle regulations and funding. It is critical that we effectively participate in the process for developing both the funding and the associated rules.

Arizona’s Congressional delegation works with us closely in the funding and rules process. We value our relationships with them and the support we receive from them. One of the primary proposed goals of the City’s federal agenda is to maintain and enhance these relationships, as well as the City’s relationships with the Executive branch. As staff works to implement the approved federal agenda, we will brief the Mayor and Council throughout the session and seek direction regarding important bills, amendments, and developments in the agencies; however, in order to prioritize and guide staff’s efforts, we recommend that the Mayor and Council endorse two guiding principles as our highest priorities – maintaining and enhancing fiscal sustainability and protecting local authority. To promote fiscal sustainability the City would, for example, support efforts to achieve parity in federal funding for the City with other cities in the nation of like population. Staff would also oppose federal actions imposing unfunded mandates upon cities, or reducing funding available for important programs or infrastructure needs. To protect local authority, staff would support federal action that empowers local communities and oppose efforts to preempt local decisions.

FAIR SHARE FOR PHOENIX

The City of Phoenix does not receive its “fair share” of federal funding. Although Phoenix is the fifth largest city in the nation, we continue to lag millions of dollars behind smaller communities in federal funding that helps the poorest families and revitalizes blighted neighborhoods. The funding disparity is primarily driven by formulas that were developed more than 30 years ago and built on dated population counts and what cities received in the past, both favorable factors for the nation’s oldest cities. Some examples include Head Start, Low-Income Home Energy Assistance Program (LIHEAP), Community Development Block Grant (CDBG), Section 8 Housing Choice Voucher Program. With a new Administration and Congress, we will work to redefine the City strategy in attaining our fair share of these funds.

THE NEW ADMINISTRATION AND THE 111^TH CONGRESS

President-Elect Barack Obama and his advisors are preparing for his Inauguration on January 20, 2009 and assembling a new Administration. All indications are that the Obama Administration will move quickly on a wide array of policy fronts, including many issues of vital importance to cities. Together with a solidly Democratic Congress, described further below, most expect action on to issues such as infrastructure development, job creation, and energy sustainability in the opening weeks. Aid to homeowners facing foreclosure, as well as to struggling states and local governments, is also being discussed for legislation after the Inauguration.

The 111^th Congress will be sworn in on January 6, 2009. The latest election results show the Democrats with greater control of both the House and Senate. As of this writing, the Senate will have 55 Democrats, 2 Independents who caucus with the Democrats, and 40 Republicans. The Senate races in Minnesota and Alaska have yet to be called and there will be a runoff in Georgia on December 2. On the House side, the balance between Democrats and Republicans is currently 255 to 174 with 4 races yet to be called and 2 runoff races in Louisiana on December 6. The Arizona delegation will continue to have two Republican senators, but the balance in the House delegation has shifted from 4-4 to 5 Democrats and 3 Republicans.

These changes, coupled with the current, historic economic crisis, suggest the opportunity for dramatic shifts in policy. As the country’s population and demography changes, some of these shifts are likely to benefit cities like Phoenix in faster-growing areas of the nation. The City will work to benefit from these potentially historic opportunities.

NATIONAL ORGANIZATIONS

The National League of Cities (NLC) and the U.S. Conference of Mayors (USCM) are important forces on the Washington scene that will play a significant role with the new Administration and Congress. Mayor Gordon and several members of the Council hold national committee positions in these organizations and their participation is making a difference in Phoenix’s efforts to get a fair share of federal funding. Government Relations and our Washington contract lobbyists also work with these organizations to deliver our message to Congress. Staff appreciates the important work that the Mayor and City Council do with these national organizations to ensure that our City is heard as their platforms develop.

UNFINISHED BUDGET BUSINESS

In late September, President Bush signed H.R. 2638, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. This continuing resolution (CR) will fund operations of many government agencies through March 6, 2009. With the exception of programs and agencies in the Defense, Homeland Security, and Military Construction/Veteran Affairs appropriation bills, the agencies were funded at the FY 2008 rate of spending. Many of the spending decisions on individual programs, projects and activities will be made by agencies in consultation with the White House Office of Management and Budget; thus, the details on spending between now and March 6 are uncertain for a while. It is also uncertain at this point whether Congress will take up the nine appropriation bills not finalized in the CR next year.

PROPOSED AGENDA FOR CALENDAR YEAR 2009/FEDERAL FISCAL YEAR 2010

In addition to the principles and priorities described above, staff recommends that the City include a number of specific issues in its agenda for federal Fiscal Year (FY) 2010. These issues have been identified by staff as well as the Mayor and Council to respond to specific community needs.

I. Transportation

Aviation

The Federal Aviation Act expired in September 2007 and a reauthorization bill has yet to be completed. Staff recommends that reauthorization legislation should include the following City priorities:

Adjust the Passenger Facility Charge (PFC) to $6.00 and allow it to be indexed against future inflation or material costs.
Fully fund the national Airport Improvement Program (AIP) at the $4.0 billion level for FY 2009-2010 and beyond.
Allow airports to work with their local public safety community to establish appropriate levels of Aircraft Rescue and Firefighting (ARFF) service and equipment. This local control will best maximize the resources at General Aviation airports.
Require the Federal Aviation Administration (FAA) and the General Accounting Office to study One Engine Inoperative (OEI) surfaces and the impact to air commerce.
Maintain noise mitigation funding and allow airports to invest proceeds for airport operation – request $22 million from the FAA AIP to continue the grant-funded project already underway.

Staff also recommends the following priorities be pursued related to the Transportation Security Administration and Customs and Border Protection:

· Support increased funding and reimbursement for Inline Explosive Detection equipment projects underway and in the future.

· Maintain or enhance staff available for screening of passengers through checkpoints and maintain a 10 minute standard.

· Maintain focus on commercial, scheduled air service; no unfunded mandates for General Aviation airports.

· Provide increased staffing for Customs facilities and services commensurate with the Nation’s ninth busiest airport. This item is critical for increasing international and business operations and supporting current international airline service.

Lastly, staff recommends the following items for inclusion in the City’s FY10 Appropriation Submission:

· $4 million in funding for “H5” high speed taxiway improvement. The construction of this high speed acute angle taxiway will reduce Runway Occupancy Time (ROT) and enhance airfield capacity.

· $2.5 million for Apron Reconstruction at Terminal 4 which will replace concrete panels on Terminal Four apron.

Surface Transportation

The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) authorizes surface transportation and transit programs through September 30, 2009. That bill’s allocations to Arizona include funding for projects requested by Phoenix. Congress has started conversations with the public and national organizations regarding reauthorization of this legislation. Issues being discussed include: Environmental Self-Certification, Bridge Maintenance, and Congestion Relief -- the latter two require a new funding source. The City may suggest additional member-sponsored transportation projects that can be appropriated within the SAFETEA-LU budget, but “above the line” so that they do not supplant budget allocations to Arizona for projects in the five-year Transportation Improvement Program. Staff will work with the Arizona Department of Transportation (ADOT) to ensure closer communication regarding presentation of high priority projects to the Arizona congressional delegation.

Transit

The City, in conjunction with the Regional Public Transit Authority (RPTA)/Valley Metro, will seek funding for regional light rail, including construction of the initial line and extension planning, as well as buses, bus facilities and park-and-ride facilities. Staff recognizes federal budget constraints and the challenge of securing member-requested projects. However, Valley Metro traditionally presents the actual need and requests the federal share for transit projects budgeted when the system was designed and the Regional Transportation Plan was passed by the voters. Valley Metro has not completed its compilation of regional priorities from all members, but those priorities will be brought forward in the coming months.

Light Rail

In keeping with the City’s Full Funding Grant Agreement (FFGA) with the Federal Transit Administration (FTA), the FY 10 budget is expected to include another $90 million installment for the light rail line currently under construction. The FY 09 appropriations process has yet to conclude. Pending requests for FY 09 beyond the $90 million FFGA include $800,000 to add to previous federal funding for completion of the Alternatives Analysis (AA) study on the I-10 West Extension, $3,720,000 for the Tempe extension AA and $3,880,000 for the Mesa extension AA. In FY10, the region proposes to seek Preliminary Engineering funding for the Central Mesa extension ($17.7 million) and the Tempe South extension ($13.3 million), assuming the FY 09 requests are passed into law. Preliminary Engineering for the I-10 extension is scheduled for a future year.

As part of transportation reauthorization, staff has also discussed advocating changes to the New Starts Program (funding source for light rail) that would make the federal requirements for a project proportional to the federal percentage of investment in the construction.

Buses, Bus Facilities and Park-and-Ride

Staff recommends the following Federal Discretionary Funding Requests:

$500,000 to design and $51.1 million to construct a Heavy Maintenance Facility in West Phoenix.
$2.3 million to construct a Park and Ride at Happy Valley and I-17. The Transit Life Cycle Program (TLCP) includes extension of RAPID service to this location.
$5.7 million to upgrade the regional Vehicle Management System in conjunction with upgrades to the communication system to move to new frequencies as required by the Federal Communications Commission (FCC).
$14 million to redesign the regional bus communication system to move to new frequency as required by the FCC. This may be a regional request instead of a Phoenix request.
$800,000 to design and $4 million to construct a Park and Ride at 27^th Avenue and Baseline. There is local bus service in place in this area.
$4 million to acquire land, $950,000 to design and $4 million to construct an East Baseline Park and Ride. There is local bus service in place in this area.
$1 million to design and $6 million to construct a Desert Ridge Park and Ride. Transit would extend an existing route to serve this location.

Staff recommends that any reauthorization legislation should include the following City priorities:

Ability to collect an Alternative Fuel Tax Credit which would mean $3-4 million per year for the City.
More opportunities to use federal formula funds for Operations and Maintenance.

II. Public Safety and Homeland Security

Homeland Security

Staff recommends a high priority for procuring resources through the Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) programs. Funding for the region from the Urban Area Security Initiative (UASI) program saw a reduction of $357,500 this year with grant funding of $11,562,500. The Metropolitan Medical Response System (MMRS) budget, which funds emergency supplies for the Phoenix Fire Department, is set at $1,284,884, an increase over the previous year.

Federal mandates regarding state and local emergency management continue to increase, while federal funding for hazard planning, training, and mitigation has been decreasing. Staff recommends that the City support adequate funding for hazard mitigation and emergency response programs such as the Urban Area Security Initiative, so that state and local governments can protect citizens when disaster occurs.

The City will work closely with DHS staff in Arizona and in Washington to ensure that DHS has the most recent threat assessment data to make well-informed funding decisions.

Technology to Combat Crime

For FY10, the City of Phoenix Police department recommends seeking funding for the following projects:

· $1,000,000 for statewide COPLINK – Phoenix houses one of four nodes for COPLINK in the state of Arizona. This software provides investigators with tools to locate people and research crime patterns. This funding would be used to acquire a statewide license for Coplink allowing all state agencies to connect to one of the four regional Coplink nodes in the State. It would also allow each of the four nodes to provide all of the functionality available in Coplink, including mobile access, enhanced data analysis, and access to external data sources such as Department of Homeland Security and Department of Justice. Each node would then in turn provide access to other Coplink nodes such as the nodes in San Diego and Los Angeles County. The cost of the upgrade is $600,000. The additional $400,000 would be used to assist approximately 20 to 30 agencies with the costs associated in making their data compatible in Coplink.

· $1,000,000 for a Two-Finger Rapid Subject Identification Program – This funding would be used for equipment to identify subjects via wireless two-finger rapid identification technology in patrol cars. Fingerprints could be immediately searched against the Automated Fingerprint Identification System (AZAFIS), a database of approximately two million subjects who have had contact with law enforcement in Arizona.

$500,000 for Automatic Vehicle Location (AVL) System – This funding will enhance the efficiency of dispatch personnel and patrol officers by installing GPS technology into patrol cars.

· $500,000 for Enhanced Mobile Data Security – Funding would be used to provide two-factor authentication (i.e. password and fingerprint scan) and firewalls to mobile devices so that they can securely access criminal justice data whether it is a local motor vehicle check or a national terrorist alert. The funds would equip all mobile devices in the Phoenix Police Department with this secure communication.

DNA Capacity Enhancement – This project would facilitate a number of improvements in the Forensic Biology Unit of the Phoenix Police Department’s Crime Lab that would expedite DNA processing, including increasing analytical capacity to process Forensic Biology/DNA case submissions within 30 days or less; processing all pending case submissions for Forensic Biology/DNA; and building organizational infrastructure to provide seamless service to the criminal justice community.

The City Prosecutor’s Office recommends seeking two appropriations:

· $120,000 for ePRO (Electronic Prosecutor Records Organization), a phased module replacement project for the existing case management system. The FY 10 funding will be used for Phase III of ePRO, acquiring the remaining requirements to complete the modules including the defendant, victim, witness and charges screens. Phase III will also cover enhancements that may be needed as a result of any statute changes.

· $773,000 for Community Prosecution, a project to develop two new, two-year community prosecution efforts with a target neighborhood in each of the two new Phoenix Police Department Precincts currently being developed. In addition, the Prosecutor’s Office’s goal is to implement an alternative dispute resolution diversion program for neighborhood-related issues to resolve without criminal prosecution.

Immigration Reform

Staff recommends that the Mayor and Council support comprehensive immigration reform legislation that offers border control and security for Arizona as well as a guest worker program and a path to citizenship. We will continue to work closely with the Governor, the NLC and the USCM to provide input on immigration legislation that protects local law enforcement against mandatory immigration enforcement responsibility, but also provides adequate resources to combat the crime and strain on the justice system caused by our unsecured international border. This year, Mayor Gordon was appointed Chair of the USCM’s Comprehensive Immigration Reform Task Force.

Victims of Crime Act (VOCA)

Staff recommends that the City identify federal resources to continue programs that offer supervised probation for first-time domestic violence offenses as well as programs to assist victims and support the Family Advocacy Center and our nonprofit community partners.

Internet Crimes Against Children

Staff recommends seeking additional legislation that strengthens penalties and provides funding for investigations of Internet crimes against children.

Other Public Safety Issues

The City will continue to advocate for public safety block grant programs with direct benefits to cities, programs that assist our drug enforcement efforts, and federal legislation that protects the public sector communication spectrum.

III. Economic Development

Phoenix Bioscience Center, Medical School and Downtown Campus

Over the past number of years, the City has worked with the Translational Genomics Research Institute (TGen) to support construction of its facility in downtown Phoenix, which is also the headquarters of the International Genomics Consortium. Staff recommends that the City continue working with the University of Arizona (UA), Arizona State University (ASU) and other partners to encourage Congress to fund research at the Phoenix Bioscience Campus.

New Market Tax Credits (NMTC)

The Phoenix NMTC program provides below market rate loans to encourage private sector investment in qualified low-income communities in Phoenix. The U.S. Department of Treasury Community Development Financial Institutions (CDFI) Fund awarded

Official Web Site of the City of Phoenix