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Senate president calls judge’s English learning order ‘inappropriate’ (1854)

Arizona Capitol Reports Staff//January 13, 2006//[read_meter]

Senate president calls judge’s English learning order ‘inappropriate’ (1854)

Arizona Capitol Reports Staff//January 13, 2006//[read_meter]

During a hectic first week of the session, Senate President Ken Bennett discussed a variety of pressing issues with Arizona Capitol Times, including U.S. District Court Judge Raner Collins’ ruling the state must come up with an appropriate plan to fund English learning programs by late this month or face industrial strength fines.

In a 10-minute interview in his office, Mr. Bennett also said one of his committee chairmen who has been both praised and criticized for his investigation of the 2004 recount in the District 20 Republican primary for the House has not been an embarrassment to him.

And if unspecified circumstances were to arise, Mr. Bennett said he might re-enter the governor’s race after announcing in December he would not run.

What was the state of the state when you came to the Senate, and what will it be when you leave at the end of the year≠

Good and better.

The most pressing matter for the Legislature as we talk today is the English language learning issue, where the state needs to come up —

That’s your declaration, or what≠

Yes…where the state needs to come up with an [English learning programs funding] law by Jan. 23 that satisfies the court, or face fines beginning at $500,000 per day. Are there those in leadership who question whether the court really could or would order the fines≠

Yes. There are those in leadership, myself included, who consider it inappropriate for a federal court to unilaterally order the state to do anything for that matter and assessing huge fines when, I think, our actions over the last three to four years substantially resolved the fundamental problem…It was discouraging and disappointing when I read the judge’s decision. When he evaluated the history of the case, he made no recognition or acknowledgement, at least in the written decision, of the things the Legislature, the state has done in the last three or four years…

Is there a backup strategy to buy time by appealing the judge’s ruling if it looks like you’re not going to make his deadline≠

There could be an appeal, but the Legislature’s not a party to the case, and I’m not informed as to whether the state plans to appeal. It sounds like the State Board of Education has voted not to appeal.

But [Superintendent of Public Instruction Tom] Horne might [appeal part of the ruling exempting ELL students from AIMS test requirements to graduate from high school].

But Horne might, and I hope he does.

I’m curious whether the judge laid the responsibility for ELL solely on the Legislature, or do you understand the ruling to mean the governor is just as much on the hot seat as the Legislature≠

She [the governor] laid it on the state, and the governor and the Legislature have to come together to make a policy for the state. One can’t do it without the other unless you rise to the level of a veto override or whatever. I think that’s unlikely.

I’ll skip some [questions] here because of time. Were you the governor, what would you propose, if anything, to reduce the number of working people who are without health insurance≠

In the past I have supported the concept of the full tax deductability of health insurance payments at the individual and/or business level.

What health benefits does Bennett Oil provide≠

We provide full coverage for the employee, and then they can add spouse and independents. And we do a 401K with a 50 percent match.

Even though Republicans say Governor Napolitano got on the illegal immigration bandwagon late, she seems to have turned the issue to her favor. What, if anything, do you think is missing in her plans to stem illegal immigration≠

We can’t know that until we see the details on the budget proposal for $100 million.

Do you support employer sanctions≠

If they’re part of a balanced package of border enforcement and a reasonable employment package, including verification of employee status. If you have reasonable mechanisms for businesses to do something the right way, then I support punishment or penalties for those who break the law.

Do you have any more reforms in mind for Child Protective Services≠

Not specifically, other than to make sure the dollars and resources we provided two-and-a-half years ago — and the reforms — are being implemented as we speak.

Will Arizonans receive a tax break on their personal incomes next year≠

I believe at some level, yes.

Over the “governor’s dead body≠”

No. No, I think we’ll find some mutual areas of cooperation.

As some county officials and some senators from both parties have said, has Senator Jack Harper embarrassed the Senate or you≠

I’ve not felt embarrassed. If people feel the Senate has been embarrassed, that’s their perception, so I’m not going to deny someone their own perception or judgment. I have agreed that Jack is trying to prevent this problem [the tabulation of 489 more ballots in the District 20 recount than were counted in the initial vote] from reoccurring going forward. I have disagreed with the part of that situation that involves trying to get into an election of the past, which, in my opinion, is over and done with. Our focus needs to be on preventing those kinds of problems and ensuring integrity in our elections.

Final question, are there any circumstances where you would change your mind and run [for governor] this year≠

Is there a circumstance≠

Any circumstance.

Yes, but I don’t think that circumstance is likely to happen.

What would that circumstance be≠

I’m not going to talk about that… speculation.

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