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Legislation To Let Landowners on Border Build Fences Fails in AZ House

By Howard Fischer
Capitol Media Services
PHOENIX -- Legislation to let landowners living along the border erect fences without getting building permits hit a barrier of its own on Thursday.

On a voice vote, House Republicans gave preliminary approval to HB 2084. That move came over the objections of Democrats who questioned issues of safety and liability of allowing structures to go up without first getting plans approved and without having the project inspected as it is being constructed.
There also was the more general comment that walls won't solve the issues of border security.
But when the time came for a final roll-call vote, Rep. Tony Rivero, R-Peoria, refused to support it. That left the GOP majority, which has only a one-vote edge in the 60-member House, without the 31 necessary for final approval.
Rivero told Capitol Media Services he's not necessarily opposed to the idea.
"But I'm not sure this is the right way to go,'' he said.
Rivero did agree to what amounts to temporarily rescinding his "no'' vote, a move that will allow the measure to be heard again. But he said he is making no commitments to provide the necessary 31st vote at that time, saying he wants to discuss the issue with GOP legislative leaders.
The legislation is being pushed by House Majority Leader Warren Petersen at the behest of We Build the Wall. That private group takes donations to construct barriers along stretches of the border which are not protected by any government-built fences or walls.
That organization ran into problems last year when it started to construct a 1,500-foot fence on private property in Sunland Park, N.M., near El Paso, Tx. without first going through that city's review process. When city officials objected, construction came to a halt until the group agreed to comply with all city ordinances.
Petersen, a Gilbert Republican, argued that what people want to build on their own property is none of the government's business. And he said the legislation sends a "very important message'' to the rest of the country.
"We will protect our citizens from dangerous human trafficking, dangerous drugs, cartels,'' Petersen said.
Rep. Lorenzo Sierra, D-Cashion, said he recognizes it's the prime responsibility of governments to protect its citizens. He said that's how he handled his prior position as a member of the Avondale city council.
"That is why we had permits for various construction projects on your home,'' Sierra said.
"We wanted to make sure they were done safely and were done well and done in accordance to our local laws,'' he said. "There is really not a reason to have something like this that preempts the city's ability to keep people safe.''
Rep. Domingo DeGrazia, D-Tucson, said allowing this kind of construction without the requirement to first get a permit could leave the state liable for any injuries.
And Rep. Kirsten Engel, D-Tucson, said an improperly constructed fence can trap debris.
"Then the debris builds up and that causes the water to build up and you have flooding that erodes the land, damages property and damages the environment,'' she said.
Petersen was undeterred.
"What these walls will do is stop the flood of crime into our state and country,'' he said. And Petersen also rejected claims that border walls will harm certain species of animals by limiting their range.
"We do need to protect the species: the human species,'' he said. "They are an important species that we should care for and watch over.''
As to safety, Petersen added a requirement for the property owner to provide an affidavit from a professional engineer certifying that the wall was built "according to the plan and safety requirements.'' But that would not have to be done until two moths after the wall was done.
Rep. Gail Griffin, R-Hereford, said she didn't understand the opposition.
"Most of us have fences along our back yards, we all lock our doors at night to protect ourselves and our family,'' she said.
"This is private property and private money to protect ourselves and our property along the border,'' Griffin said. "There is drug activity and illegal activity occurring along the border.''
No date has been set to reconsider the measure -- assuming Rivero eventually agrees to go along.
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On Twitter: @azcapmedia

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