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MEMORANDUM

SEPTEMBER 23, 1994

TO: SENATOR DOLE FROM: JO-ANNE

SUBJ: TODAY'S TRAVEL TO

I spoke with both 's and 's offices to invite the Congressmen to fly out with you this afternoon.

Kolbe has an earlier commitment in the District, so will be leaving before you do. Likewise, Stump has other plans. The other House Members from Arizona are Democrats.

I also received a call from McCain's in-state Chief of Staff to indicate Gramm and McCain wou1d Jike to join in the press conference with you at 5:45 this afternoon·· if you object, she will make sure they're not included. I told her there would be no problem with this. Please let me know if you feel differently.

By the way, you are being met by John Teets and then going to Dial's corporate headquarters for a tort refonn meeting. FYI, Dial pledged $50,000 to the RNC drive -- may be a good prospect for BAF.

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-

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FINAL Contact: Mo Taggart 703/684-7848 Beep 800/946-4646 pin# 1115689

SENATOR DOLE SCHEDULE -- SEPTEMBER 23-25, l 994 p- ARIZONA. COLORADO, WISCQJSSIN,AND NEW HAMPSHIRE

FRIDAY, SEPTEMUl~R 23. 1994

3: 15 pm DEPART Capitol for National Airport Driver: Wilbert

3:30 pm ARRIVE National AiipOrt and proceed to departing aircraft FBO: Signature 703/419-8440

3:35 pm DEPART Washington for Phoenix, AZ/Sky Harbor International Airport FBO: Cutter Aviation Aircraft: Gulfstream 3 (American Financial) Tail number: 232HC Flight time: 4 hours Pilots: Pat Maginnis Ray Smith Seats: 12 Meal: Snack Manifest: Senator Dole Senator Gramm Senator McCain Congressman Time change: -3 hours

4:35 pm ARRIVE Phoenixj AZ/Sky Harbor FBO: Cutter Aviation 800-234-5382

Met by: Mike Glassner & Brian Berry

4:40 pm DEPART airport for Dial Headquarters Center Driver: Alberto Ouitier, Governor's staff Drive time: 15 minutes Location: 1850 North Central

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FRIDAY, SEnEMDER 23, 1994 Page2 4:55 pm ARRIVE Dial Headquarters Met by: John Teets, Pres. & CEO Dial Corp. Governor Symington

S:OOpm- ATIEND/SPEAK Tort Refonn Briefing 5:40 pm Location: Arizona Room Attendance: 45-50 Event runs: 4:30 - 5:45 pm Press: Closed Facility: Podium and mic~ theater style Fonnut; John Teets introduces Gov. Stymington Gov. Symington introduces Scmator Dole Senator Dole gives remarks (10-15 minutes) BriefQ&A Contact: Jeanne Patterson 602/952-2627 (o) 602/840-8587 (h) 602/952-9866 fax

5:40 pm DEPART Briefing for Arizona Hyatt Driver: Alberto Guitier Drive time: 10 minutes Location: 122 N. Second St.

5:40 pm ARRIVE Arizona Hyatt 602/252-1234 602/254-9472

5:45 pm- Press Avail 6: 15 pm Location: Remington Room - 2nd Floor

6: IS pm- A ITEND VIP Fundraising Reception for Governor 6:45 pm Location: Cowboy Artistl Room Attendance; 50 @ $500 per person Event runs: 6:00 - 6:45 pm Press: Closed Facility: None Format: Mix and mingle Contact: Chuck Coughlin 602/222-8855 602/263-7637 fax

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FRIDAY,.B.EP:IEMBER 23 1 _l2li PAGE3

6:45 pm- ATTEND/SPEAK Fw1draising Dinner for Governor Fife Symington 7:30 pm Location: Regency Ballroom Attendance: 700 @ $300 per person Event runs: 6:45 • 9:00 pm Press: Closed Facility: No headtable~ podium and mic Format: 6:50 pm John Greene gives Pledge of Allegiance 6:53 pm Speaker Mark Killian, House Speaker, gives Invocation , 6:55 pm Governor Symington introduces Senator Dole 7 :00 pm Senator Dole gives remarks Dinner is served after Senator Dole leaves Contact: Chuck Coughlin 6021222-8855

7:30 pm DEPART Hyatt for airport Driver: Alberto Ouitier Drive time: 15 minutes

7 :45 pm ARRIVE airport and proceed to departing aircraft Fl30: Cutter Aviation 800-234-5 382

7:50 pm DEPART Phoenix for Vail, CO/Eagle County FBO: Beaver Creek Aircraft: Gulfstream 3 (American Financial) Tail number: 232 HC Flight time: 1 hour 15 minutes Pilots: Pat Magiru1is Ray Smith Seats: 12 Meal: Dinner Manifest: Senator Dole Mike Glassner Brain Berry

Time change: + l

9:50 pm ARRIVE Vail, CO FBO: Beaver Creek 303/524-7700

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FBJDAY, SEPTEMBER 23, J 994 PAGE4

9:55 pm DEPART Vail for Aspen/Don Johnson's Ranch Pl30: Helo pad at Don Johnson's Ranch Aircraft: Bell Long Ranger Tail number: N207DS Flight time: 30 minutes Pilots: John Campus Tom Quinn Seats: 6 Meal: None Manifest: Senator Dole Mike Glassner Brian Berry Contact: John Campus 303/945-7144 303/945-8843 fax

10:25 pm ARRIVE Aspen at Don Johnson's Ranch

NOTE: This is the actor who is also friends of Forstmann and the he lo pilots. He is not expected to be there upon your arrival.

10:30pm DEPART Don Johnson for Hotel Jerome Driver: Russell Fritz Drive time: 15 minutes Location: Hotel Jerome 330 E. Main Street Aspen. CO

10:45 pm ARRIVE Hotel Jerome

Met by: Cheryl Walsten

303/920-1000 303/925-2784 fax

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SATURDAY. SEPTEMBER 24, 1994 Pages

8:20 am DEPART hotel roorn for Forstmwm Little Annual Management Conference Locution: Ballroom

8:30 am- ATTEND/SPEAK Forstmann Little Annual Management Conference 10:00 am Location: Ballroom Attendance: 150 Event runs: 8:30-10:00 am Press: Closed Facility: Riser, 3 chairs on stage Format: Charlie Rose. moderator. introduces Senat~lr Dole and Senator Kerry Informal discussion (1 hour) Q & A (1/2 hour) Contact: Sheryl 303/920-1000 Rm 220 or Wheeler Room cell: 303/379-1054 303/920-4790 Betsy Kenny Lack 212/355-5656 212/759·9059

10: J 0 am DEPART hotel for Aspen Airport Driver: Russell Fritz ( Drive time: 15 minutes

10:25 am ARRIVE Aspen Airport. FBO: Aspen Base Operator

303/920-2016

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SATURDAY. SEPTEMBER 24, 192~ Page6

10:30 am DEPART Aspen for Denver, CO FRO: AMR Combs Aircraft : Gulfstream 3 (American Financial) Tail number: 232 HC Flight time: 45 minutes Pilots: Pat Maginnis Ray Smith Scats: 12 Meal: Snack Manifest: Senator Dole Bryan Sullivant Mike Glassner Brian Berry

11: 15 am ARRIVE Denver, CO FHO: AMR.Combs 3031790-2575

11 :20 am- Press Avail 11 :40 am Location: Lobby ofFBO

11 :45 am DEPART airpo11 for Candidate Forum Driver: Sean Murphy Drive time: 20 minutes Location: Bruce Benson Headquarters 5600 Greenwood Plaza Level, Suit 150

12:05 pm ARRIVE Bruce Benson Headquarters 3031770~ 7080

12:10 pm- A'ITEND/SPEAK Candidate Forum 12:50 pm Location: Campaign Headquarters Attendance: 80-100 Incumbent State Legislators & State Senators, candidates for State House and Senate, Colorado GOP County Chairmen and Benson for Governor County Chairmen Event runs: 12:00 - 2:00 pm Press: Open Facility: Semi-circular seating Format: Bruce Benson introduces Senator Dole Senator Dole gives remarks Contact : Ann Benson Stacey Oswalt 1-800-223-6766

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SATURDAY~ SEPIEMBEU 24, 1994 Page 7

12:50 pm DEPART Forum for Fundraising LWlcheon for Bruce Benson Driver: Sean Murphy Drive time: 15 minutes Location: Home of John and Carolyn Saeman 576 S. Elizabeth Stre.et Polo Club Place

1:05 pm ARRIVE Home of John and Carolyn Benson 303/871-9084

1:05 pm- ATTEND/SPEAK Fundraising Luncheon for Bruce Benson 1:55 pm Attendance: 75 @ $250 per person Event runs: I :00 - 2:00 pm Press: Closed Facility: Outside on patio, tables of 10 Format: I: I 0 pm John Saeman introduces Bruce Benson 1 ;15 pm Bruce Benson introduces Senator Dole 1:20 pm Senator Dole gives remarks Contact: Ann Benson Stacey Oswalt 1-800-223-6766

1:55 pm DEPART Luncheon for Stapleton Aitport Driver: Sean Murphy Drive time: 15 minutes

2: 10 pm ARRIVE airport and proceed to departing aircraft FBO: AMR Combs 303/790-2575

2:15 pm DEPART Denver, CO for Milwaukee, WI FBO: Signature Aircraft: Gulfstream 3 (American Financial) Tail number; 232 HC Flight time: 2 hours Pilots: Pat Maginnis Ray Smith Seats: 12 Meal: Snack Manifest: Senator Dole Mike Glassner

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SATURDAY, SEPTEMBER.24, 1994 Page8

5:15 pm ARRIVE Milwaukee, WI FDO: Signature 414/747-5100

5:20pm- Press Avail with Governor Thompson and Rob~rt Welch, US Senate candidate S:40pm I ,ocution: Signature Format: State GOP Chairman, David Opitz, introduces Governor Thompson Governor Thompson gives remarks David Opitz introduces Robert Welch Robert Welch gives remarks David Opitz introduces Senator Dole Senator Dole gives remarks

S:40pm DEPART airport for Fundraising Reception for State GOP Driver: Dave Ophz) State GOP Chairman Drive time: 20 minutes Location: · University Club North Library 924 E. Wells

6:00 pm- ATTEND/SPEAK Fundraising Rountable Discussion for Wisconsin State 6:45 pm GOP 414/271-2222 Location: North Library Attendance: 40@ $1,000 per person Event runs: 6:00 - 7:00 pm Press; Closed Facility: Hollow square seating Fonnat: State GOP Finance Chainnan, Rick Grabe1:, gives welcome David Opitz gives remarks Senator Dole gives remarks Contact: Scott Matter 312/281-1688 3121281~1883 fax

6:45 pm DEPART Reception for airport Driver: Dave Opitz. Drive time: 20 minutes

7:05 pm ARRIVE aiqxwt and proceed to departing aircrnft

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SATURDAY, SE?IEMBER 24, I 994 Page9

7:10 pm DEPART Milwaukee for Manchester. NH FBO: Stead Aviation Aircraft: Gulfstream 3 (American fjnancjal) Tail number: 232 HC Flight lime: 2 hours Pilots: Pat Maginnis Ray Smith • Scats: 12 Meal: Dinner Manifest: Senator Dole Mike Glassner

Time change: + 1 hour

10:10 pm ARRIVE Manchester, NH FBO: Stead Aviation 603/669-4360

10: 15 pm DEPART airport for Highlander Inn Driver: Suzanne Hellmann Drive time: 5 minutes J,ocation: 5 Highlander Way Manchester, NH

l 0:20 pm ARRIVE Highlander Inn 603/625-6426 fax # is the same as above

RON----MANCHESTER> NH

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S.VNDAY, SEPTEMBER 25, 1994 Page 10

9:00 am MEETING with Paul Russo Location: Hotel suite

9:30 am- MEETING with Former Governor Gregg 10:15 am Location: Hotel suite Contact: Paul Russo 216/621-5415 216/421~8556 (h)

10: 15 am- MEETING with l3arbara Russe)) 10:35 6031749~6889 Location: Hotel suite

11:35 am DEPART hotel for Dancing Bear Restaurant Driver: Alex Njemela Drive time: 10 minutes Location: 20 Old Granite Street

11 :45 am ARRIVE Dancing Bear Restaurant for Photo with Republican State Senate Candidate, Richard Danais (603/644-4600 (o), 603/668-4617 (h)) 603/666-0000

NOTE: Richard Danais will ride with you in car to Granite Street Bar and Grill

11 :50 am DEPART Restaurant for Granite Street Bar & Grill Driver: Alex Niemela Drive time: 5 minutes Location: SO Phillippe Cote Street

11 :55 am ARRIVE Granite Street Bar and Grill 603/624-2822

Met by: Kathryn Niemela, Advance

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SUNDAY, SEPTEMBER 25, l 994 Page 11 12:00 N A ITEND/SPEAK at Campaign America sponsored Brunch for State Senate. St.ate Representative and Executive Council Location: Granite Street Bar & Grill Attendance: 100 - 150 Event runs: 11 :00 am - 12:30 pm Press: Closed Facility: Podium and mic Fom1at: 11 :00 am Buffet Brunch served 11:20 am Steve Duprey gives welcome and introduces Jan van Lohuj7,,en, Voter Conswner Research Presentation begins of statewide survey 12:00 Steve Duprey introduces Senator Dole 12:03 pm Senator Dole gives remarks Mix and mingle Cont.act: Muriel Tela 603/624-2822 Jan van Lohuizen 301/907-7551 NOTE: Senator Smith, Senator Gregg nnd Congressman Zeliff and Charlie Bass will attend.

12:30 pm DEPART Brunch for Press Avail with Senator Smith, Senator Gregg, Congressman Zeliff, Governor Merrill and Charlie Bass Location: Lounge

· 12:35 pm -Press Avail 1:00 pm Locatio11: Lounge

1 :00 pm DEPART Press Avail for New Hampshire Republican State Convention Driver: Alex Niemela Drive time: 1 minutes (1 block away)

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SQNDAY, SEPTEMBER 2S.122A Page 12

1:02 pm- ATI'END/SPEJ\K New Hampshire Republican State Convention 2:30 pm I .ocation Amoskeag Pavillion Attendance: 400 Event runs: 1:00 - 4:00 pm Pres~: Open Facility: Stage, podium and mic, headtable on stage Hcadtable: Senator Dole Governor Merrill Senator Smith Senator Gregg Congressman Zeliff Charlie Bass Georgie Hippauf, Assist. Party Chairman Carol Holden, Pres. of National Federation of Republican Women Format: l :30 pm Steve Duprey, State Party Cha.im1an, introduces Senator Dole 1 35: pm Senator Dole gives remarks Contact: LeAnn Steiner 603/225 -9341

2:30 pm DEPART Manchester for Concord, NH Driver: Marc Chretien Drive time: 25 minutes Location: Holiday Inn 172 N. Main Street

NOTE: Charlie Bass will accompany Senator Dole.

2:55 pm ARRIVE Holiday Inn for Fundraiser for Charlie Bass hosted by Senator Smith 603/224-9534 Met by: Dennis Hogan, Advance 800/366-7775 603/666-5366 fax 603/424-5631 (h)

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SUNDAY, SEfiEMBERlS~-122.4 Page 13

3 :00 pm- A ITEND Fundraiscr for Charlie Bass 4:00 pm Location; State Room Attendance: 25-50 @ $200 per person Event runs: 3:00 - 5:00 pm Press: Closed Facility; Podium P ormat: Mix and Mingle; Bass introduces Sen. Dole; Sen. Dole gives remarks Contact: Bruce Berke, Bass Campaign 603/228-9494 Jim Courtovich 603/228-0453

NOTE: Senator Smith and Senator Gregg will attend. Senator Gregg will depart by 4:00 pm.

4:00 pm DEPART Concord for J,aconia, NH Driver: Marc Chretien Drive time: 40 minutes Location: Margate Hotel 76 Lake Street NOTE: Senator Smith will accompany Senator Dole.

4:40 pm ARRIVE Margate Hotel 603/524-5210

NOTE: Room will be available for the Senator.

PRIVATE

5:45 pm MEET with United We Stand America Representatives, Don Cloutier and 5:55 pm Maggie Simini Location: Hotel Suite

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SUNDAY, $EPTEMBJCR 25. J 224 Page 14 6:00 pm- ATTEND/SPEAK Fundraising Reception for Congressman Zeliff 6:40pm . I ocation: Mariah Lounge - Lakefront Building Attendance: 30 @$250 per person Event runs: 5:00 - 6:45 pm Press; Closed Facility: None Format: Mix and mingle Contact: Brian McCabe

6:40 pm DEPART Margate Hotel for boat landing Driver: Marc Chretien Drive time: 15 minutes

6:55 pm· ARRIVE boat landing for Fundraising Dinner Cruise for 8:10pm Congressman Zeliff Attendance: 250 @ $60 per person Event runs: 7:00 - 7:30 pm at landing 7:30 .. 8:30 pm cruise Press: Open Facility: Posium and mic, seating in rounds Format: Mix and mingle 8:00 pm Congressman Zeliff introduces Senator Smith 8:03 pm Senator Smith gives remarks 8; 10 pm Congressman Zeliff introduces Senator Dole 8:13 pm Senator Dole gives remarks Contact: Brian McCabe 603/622-9494 · 603/666-0890 fax

8:05 pm DEPART boat for airport Driver: Marc Chretien Drive time: 10 minutes

8:15 pm ARRIVE Laconia Airport FBO: Emerson 603/293-7980

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SUNDAY, SEPTEMBER 25, tm Page 15

8:20 pm DEPART Laconia, NH to Washington, DC FllO: Signature Aircraft: Gulf.~ream 3 (American Financial) Tail number: 232 HC Flight time: l hour 10 minutes Pilots: Pat Maginnis Ray Smith Seats: 12 Meal: Dinner Manifest: Senator Dole Mike Glassner Sll7.anne Hellmann

9:30 pm ARRJVE Washington/National FBO: Signature 703/419-8440

10:00 pm DEPART airport for Wutergatc Driver: Wilbert

10:15 pm ARRlVE Watergate

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to I-'· 0 rn

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ARIZONA

Dodie Londen Chairman

Present Chairman, Arizona Republican State Committee - elected January 23, 1993 Vice Chairman, Arizona Commission on the Arts Program Chairman, NFRW Member, Arthritis Foundation Board Member, National Society of Arts and Letters Vice Chairman, Landen Insurance Group Previous Precinct Committeeman and Deputy Registrar Immediate Past Treasurer, NFRW Past President, Arizona Federation of Republican Women NFRW Convention Chairman, 1985 Chairman, State Volunteers, Reagan for President, 1980 Volunteer and Fundraiser for George Bush Chairman, Trunk and Tusk fundraiser for Republican State Committee Recipient, Outstanding Volunteer of the Year Award RNC Activity Alternate Delegate, Republican National Convention, 1976 Delegate, Republican National Convention, 1980 Personal Spouse: Jack Children: Four

3501 North 24th Street Phoenix, AZ 85016-6607

(602) 957-7770 (GOP) (602) 224-0932 (f)

12 9/93

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ARIZONA

Mike Hellon National Committeeman

Present National Committeeman, Arizona - elected August 18, 1992 National Defense Executive Reserve Tucson Chapter, American Diabetes Association Tucson Chamber of Commerce Precinct Committeeman Captain, 1972 President, - Hellon and Associates, Inc., 1978 Small Claims - Hearing Office, Pima County Justice 1993 - Courts, President, Hellon International, Inc., 1993 - Previous Republican State Executive Committee, 1989 - Campaign Manager 1990 I Consultant for multiple Republican candidates, 1972 - 1984 RNC Activity Alternate Delegate, Republican National Convention, 1984, 1988 1980,

Personal Spouse: Toni Children: Two Education: S.S. , 1972 5775 N. Camino Real Tucson, AZ 85718

(602) 577-5182 (o) (602) 529-2296 (f)

11 9/93

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ARIZONA

Sue Sossaman National Committeewoman

Present National Committeewoman, Arizona, elected - August 18, 1992 Chairman, Chandler Regional Hospital Foundation Board Secretary, San Tan Historical Society Member, Mesa Community College Lifelong Learning Advisory Council Chandler-Gilbert Community College Citizens Advisory Council State Museum Guild Farm Bureau Federation Arizona Town Hall Deputy Registrar, 1975 - Precinct Committeewoman, 1975 - Precinct Captain, 1980 -

Previous Secretary, Maricopa County Republican Committee, 1982 - 1988 First Vice President, Maricopa County Republican Committee, 1988 - 1990 Chairman, Maricopa County Republican Committee, 1989 - 1990 President, Chandler Republican Women, 1976 Presidential Elector, 1976

RNC Activity Delegate, Republican National Convention, 1980, 1988 Alternate Delegate, Republican National Convention, 1992

(cont.)

10 9/93

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H 0 1-j rt -

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September 22, 1994 MEMORANDUM

TO: SENATOR DOLE

FROM: DENNIS SHEA

SUBJECT: TORT REFORM/PROPOSITION 103/ARIZONA

As you know, you are scheduled to participate in a meeting that is being billed as a "Proposition 103 Briefing." An agenda and a detailed attendance list are attached. The sponsors of the event hope that you would speak for 10 minutes, answer questions for 10 minutes, and mix-and-mingle for approximately 10-15 minutes. The subject of your remarks Tort is "Why Reform is Important." You will be introduced by Gov. Symington.

Arizona State Constitution Arizona is one of only four States with a constitutional ban on virtually any type of lawsuit limitation. The following lawyer, pro- pro-lawsuit provisions are contained in the Arizona Constitution: State

"No * law shall be enacted in this State limiting the amount of damages to be recovered for causing the death or injury of any person." "The * right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation."

* "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury."

The Arizona State legislature has recently passed comprehensive tort reform legislation. One reform would prohibit a felon from recovering for injuries incurred during the course of committing or fleeing a felony. (Current law allows the felon to recover if the defendant was negligent.)

Another reform would prohibit a drunk driver from recovering damages for injuries resulting from an accident if the person's intoxication was at least 50% responsible for the accident. (Current law allows, but does not require, the jury or court to prohibit recovery in this situation.) A third reform would establish a "gross negligence" standard for volunteers and non-profits. (In other words, a volunteer would not be held liable for an accident related to his volunteer

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activities, unless the volunteer acted in a way that was "grossly negligent.")

Unfortunately, these and other reforms are not constitutionally valid unless and until the Arizona State Constitution is first amended. Hence, the need for Proposition 103.

Proposition 103

State Senator John Greene is Co-Chairman of People for a Fair Legal System, the group spearheading the Proposition 103 ballot-initiative drive. The other Co-Chairman is Speaker of the Arizona House of Representatives Mark Killian.

Proposition 103 would amend the Arizona State Constitution to allow limitations to be placed on civil lawsuits and damages awards. More than 400,000 signatures have been obtained in support of putting Proposition 103 on the ballot, even though only 158,000 signatures are legally required.

Not surprisingly, the main opponents of Proposition 103 are the trial lawyers. They have formed an organization called "FAIR"--"Fairness and Accountability in Insurance Reform"--which expects to spend nearly $2 million to defeat Proposition 103. They are depicting the initiative as an effort to take away the legal rights of Arizona citizens.

In their public-relations campaign, People for a Fair Legal System are not emphasizing how Proposition 103 will benefit corporations. Instead, their main focus is on how Proposition 103 will 1) help volunteer organizations (e.g., by limiting liability to acts caused by "gross negligence"), and 2) promote individual responsibility (e.g, by prohibiting drunk drivers from receiving monetary awards when they cause an accident and by prohibiting lawsuits against persons acting in self-defense). Product Liability Reform

Proposition 103 concerns the broad topic of tort reform. Nevertheless, some of the businessmen attending the meeting may be interested in the status of product liability reform legislation in Congress.

Last June, the Senate failed twice to invoke cloture on S. 687, the Product Liability Fairness Act. The first cloture vote was 54-44. The second cloture vote was 57-41.

On the second vote, 38 Republicans and 19 Democrats supported cloture. The following Republicans voted against cloture: Cochran, Cohen, D'Amato, Pressler, Roth, and Simpson. Arizona's two Senators were split on cloture. Senator McCain supported cloture on both occasions. Senator DeConcini voted against cloture on the first vote and did not vote on the second

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cloture motion.

A couple of points:

* It's fair to say that, if Republicans controlled the Senate, product liability reform would be a reality today. Most Senate Democrats voted against ending debate on the bill.

* The trial lawyers are not only powerful in Arizona, they are also powerful in Washington.

The Product Liability Fairness Act would establish some national product liability standards that would pre-empt the current patchwork of state-by-state standards. Some of the highlights of the Product Liability Fairness Act include:

* abolishes the doctrine of joint liability for noneconomic damages, such as "pain and suffering" (joint liability allows a defendant only partially responsible for damages to be sued for 100 percent of those damages; abolishing joint liability for noneconomic damages would help product-manufacturers, who are often named defendants in lawsuits because of their deep pockets)

* establishes an absolute defense if the plaintiff's drunk or drugged condition was more than 50 percent responsible for his injuries

* establishes a uniform 2-year statute of limitations (the filing of a lawsuit must occur within 2 years after an injured person discovers the injury and its cause)

* before punitive damages may be recovered, plaintiffs must meet a high standard of proof--they must prove, with clear and convincing evidence, that the defendant acted with conscious, flagrant indifference to the safety of those who may be harmed

* encourages parties to engage in alternative dispute resolution, rather than go immediately to court; defendants who unreasonably ref use to participate in alternative dispute resolution will be held liable for the plaintiff's reasonable attorneys' fees

* Pre-market approval by the Food and Drug Administration or the Federal Aviation Administration will be a defense against punitive damages, except in cases of bribery or in cases in which the manufacturer withholds information required by regulators (opponents of the bill seized on this provision)

-3-

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Health Care/Malpractice Reform Malpractice reform is a part of the broader category of reform. In tort the area of malpractice reform, the Mitchell health care bill is seriously deficient:

1. Damages Caps. Unlike Dole-Packwood, the places Mitchell bill no caps on non-economic damages, such as "pain suffering." and (Dole-Packwood caps non-economic damages $250,000.) at

2. Collateral Source Rule. Unlike Dole-Packwood, Mitchell the does not propose a collateral source rule. source A collateral rule would reduce total damages by the amount payments of other made to compensate an individual for an injury. 3. Contingency Fee Limits. Like Dole-Packwood, Mitchell the bill limits attorney contingency fee limits the to 33% of first $150,000 of recovery, and 25% of any amounts $150,000. over

4. Pre-emption. As the attached article by Kondracke Morton argues, the Mitchell bill sells out to the Trial American Lawyers Association by pre-empting state laws caps that impose on non-economic damages. The Mitchell bill could empt also pre- state laws that establish contingency-fee limits more that are stringent than those proposed in the Mitchell bill. The Bottom Line: Injured patients are getting short-changed by the current malpractice system. According to the RAND Corporation, only $.43 (43 cents) of every dollar malpractice spent in the system goes to injured patients. The money majority of the goes to cover administrative expenses and pay fees. lawyers'

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people for a FAIR legal s_ystern ...

Prop-:103 Briefing Seiitember 23, 1994 · Agenda

4:30 - 4!33 p.m. Welcome, Introduce · Sen. J uhn Greene (3 minutes) . John Teets President, Co-Chair, People·For . A Fair.l..cgal System . . 4;33 ·;... 4;38 pan. Why Dial Corp. is Mr. John Teets (5 mjnutes) · ·Supporting Prop-103 . Chairm·an, The Dial · Corporat.ion · · ·

. . . 4:38 - 4:40 p.m. · Support for Ptop-103 i's Rep. Mark Killian (2 minutes) · · · Growing, Introduce .Speaker of me House . · · Rodger Bailey · Co-Chair, People For A Fair Legal Syst~rn ·

4!40 - 4:55 p.m .. Update on Prop-103, : Mr. ·Rodger Bailey (15 minutes) Int.roduce Gov. Symington Bailey Political Consulting

4:55 - 4:58 p.nt . . . Impol't.ance of Prop-103, Gov. Fife Symington . (3 minutes) · Introduce Senatur Dole · Gov.crnor of Arizona

4:58 - ~:08 p~m. . Why Tort Refonii is . . Senator Bob l)ole ·(iO minutes) · ··1mi>ortant .Republican Leader of the U.S. Se1~atc

5:08 - 5:18 p.m. Questions & . Answers Senator Bob Dole · (li) minutes)

. . Following the briefing Senator Dole will shake hands and. greet those: in attendance for ten .minutes.

. ·p.u. box 10687 - phoenix, az· 85064

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Date: 091'22/94

To: Rrian Berry

From: JeannA Patte~n

Subject: Tort Reform Briefing by Senator Dole

Here are the confinned attendees. I. Mr. Robert Edwards Chief Ari1..0n.a Executive Rural/Metro '1. . Mr. Steven Barclay Attorney Barclay & Goehring 3. Dr. Clyde Wright President & CEO CIGNA Healthcare 4. Mr. ~AA BorgmD.n Prcsidcul & cno MClJonnell Douglas Helicopter Co. 5. Mr. Robertson Jon~ Vice President Del Webb Corporation 6. Mr. John TectS President & CEO The Dial Corp 7. Mr. Hob Wilmoth Legal Counsel The Dial Corp 8. Mr. Norman McClelland President & CEO Shamrock foods 9. Mr. Uaey Lane General Counsel U.S. West 10. Mr. Don DllcnnD.11 Chier Legal Counsel Hughes Missile Systems 11. Mr. Martin Shult:r Chairman of the .Bo!lt'd Samaritan Health Systems 12. Mr. Rh;hard Lehmann President & CEO Banlc On~ 13. Mr. Steve Roman Vice President Bank: One 14. Mr. Douglas Yearley President & CEO Phelps Dodge (tentative) I 5. Mr. Scott Crozier Chief Legal Counsel Phelps Dodge 1Ci . Mr .Gehl Babinek Semor Vice Prcsid~nt Cin:lc K Corporation 17. Mi:. r . ~nne. Wilh~I A:;:;t General Cwnscl Cuclt: K Corporation 18 . Mr. Frank McAllister CEO ASARCO 19. Ms. Elizabeth McNamee VP for Policy & Research Intergroup 20. Mr. John Greene President Arizona State Senate 21. Mr. John Killian Speaker Arizon:i Hou.'>C of Representatives 22. Dr. Thomas Patterson Majority Leader Arizona State Senate 23. Mi:. N:incy Loften Chie>f Lc_;D.I Cuun~l .'\riwm1 f'ubl1c ~ervice Company 24. Mr. Mark Klein Mililaging PMrnr:r Price Waterhou:;e 25. Mr. Wilfinm Turner Chairman Argyle Atlantic Corporation

Confulential

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26. Mr. Richard Silvt:rman Gcncnrl Manage1 :Salt River Projecc 27. Ms. Jane Alfano Corporate CouMr.I Snit River ProjCGt 28. Mr. Fritz Beeson Corporate Counsel Salt River Project 29. Mr. Jirn Jones Vice Pre~idenl AETNA 30. Mr. Foster Mattson General Counsel Motorola SGS 31 . Mi. Bruce Ran1tJ General Counsel Motorola GSTG 17.. Rill John~on Rcgio11al Vii.;e President State Fann 3~~. Mr. Jerry Maver -~.fani:igi"g Partner Dc.!oill~ & Tvudt~ 34 . Mr. John Gawaluclc Mana.sing Partner Ernst & Young 35. Mr. John Kalil CEO Kalil Bonling Co. 36. Mr. Jack Henri Managing Partner Arthur Andersen 31. Mr. Rodger Bailey PFLS 38. M~. Mw-cill McAllister ASARCO 39. Governor Fifr Symington 40. Congressman Jim Kolbe 41 . Senator Bob Dole 42. Mr. John Dawson President Scottsdale Plaza 43. Mr. Bill Kilberg Resort Scottsdale 44. Mr. Plaza Resort Tom Zcnty CEO Mercy Healthcare (St. 4.'i. Mr. Joe Bacchus Josephs) Executive VP First interstate Bank 46. Mr. Dan Bergin C.nrpomtio C'ouM~l Fi!'3t lntc;r-3tat1;. Drud\ 47. Mr. Gary Miller Sr. VP Bank uf Americll 48. Mr. Bill Long Sr. VP Norwest Bank 49. Mr. Bill Nord Sr. VP Norwest Bank 50. Mr. bd Wren President Wren & Associates 51. Mr. Jumcs P. Kane VP Southern AZ Div . Southwest Ga~s Corporation 52. Mr. Mark. Spitzer Represent3tive AZ Huui>e of Representatives 53. Mr. Bill Jones P~rtner Jn1'11". ~ . Skelton, Hvc.:huli 54. Ernie Baird Representsti ve AZ tllJusc of Representatives 55. Mr. Bob Bulla CEO Blue Cross/Blue 56 . Mr. Richard Shield Hannon Legal Coumsd Blue Cross/Blue 57. Mr. David Shield Evan ~ CEO PepsiCo

Confulential

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091?,0194 L'lteroffice Memo

58. Mr. Nonuan Miller Legal Counsel PepsiCo 59. Dr. RoberCrawtord CEO MICA 60. Mr. Philip MacDonnell Partner Jennings. ~trousi;; & Salmon

Ms. Allyson Bell Ms. Jeanne Patterson PFI-"' Mr. Carter Livingston PFLS Ms. Christian Sumner PFLS Ms Caroline Roemer PFLS Mr. Trey H:itdin PPLS Natalie Summers PFLS Loaunc Thrane PFLS Rimdy Avin PFLS Christine James PfLS Joy Keyser-Pickar PFLS &ottCh:u1 PFLS Art Ruiz. Pl-LS

Confokntial

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CONSTITUTIONAL MODIFICATION CAMPAIGN Executive Summary for Proposition 103

BACKGROUND

The Arizona State Constih1tion prohibits the people or their elected representatives from limiting c:ivil lawrnit damages. This prohibition stymies meaningful tort reform, slows economic development. raises taxes and increases the cost ofdoing business in Arizona.

+ Arizona is one of only 4 states whose constitutiOn prohibits limitation on lawsuits.

+ States that reform their liability systems attracr jobs and improve producli vity.

+ State of Arizona paid tort claims are amo11g the highest in the nation, forcing the state to put aside $71 million in tax dollars to cover 1994 tort costs.

t The US tort system, consuming 2.3% GDP, is the most expensive in the world, making US products and services more costly at home and less competitive in the global marketplace.

+ Individual plaint; ff awards are higher when the defendant is a ~orporation or governmental entity.

+ The direct cost of the tort systcrn in the U.S. is over $132 billion.

+ Tort costs have grown four times faster than the US economy in the past 58 years.

THE BEN'EFITS FOR ARIZONA

Proposition 103 will amend the Arizona State Consrtrurton to c1lluw th~ people or their elected representatives to limit lawsuits. Passage of Proposition 103 is necessary for other, prev;ously enacted legislation to be valid and constituh'onal

0 Volunteer Inum1nity - sets n ;.gross negligence" liability standard for volunteers and non-profits.

0 Felonious Acts - restricts felons from suing for injuries incurred while committing or fleeing a crime.

O Drunk Driver -prohibits recovery by a driver whose intoxication was responsible for accident.

O Public Protection - grants qualified immunity to police, firefighters, emergency medical technicians.

(/ Personal responsibility - prohibits civil suit against person acting jn self defense.

O Rt;:Creational Land Use - Provides qualified imn1Unity for landowners who allow public use of their lands.

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people for a FAIR legal s_9stem ...

Background on Peopie For A Fair Legal System (PFLS)

• ... PFLS is a non·-partisan grassroots organizatio11 made up of hundreds of groups -and ·thousands of people, i1~cludi~g · llttle leagues, ·homeowner and taxpayer . associations, PTAs; small business owners, community lc<1clers, town councils, school h()ardsi volunteer groups, etc . . PFLS is primarily funded by Arizona insurance 'c6mpanics and is registered with the Secretary of State .~s a campaign .. organization .. · ·

• · J;>FLS beganworking with the ugislativc Le~dership in l 992 .to refor!il Arizona's · civil justice system. Senate President John Green a11d Spc4kcr of the House M~rk Killia11 serve .as . Co-Chaimien for· PFLS: .. .

.. • The first success came in April of 1993 when the Arizona Legislature passed S.B. 1055. This legislntfon has been called the most sweeping tort reform package .. the . C;i)untry has seen in the last decade. The: trial bar must have ·agte'ed because they ·· immc~liately. petitioned. portions of the bill for referenduni on the 1994 ballot. . . . . ' . . '

• The second win came 1n March of 1994, the Ar1zona Legislature; this lime with · bi:-partisan support, .passed S.B. 1.305., ai1 even strqngcr worded. tort reform package ~ However, because Arizona is orie M oi1ly four states iri the. country th:rit · does not. allow f<)ra1iy Omits to be placed on lawsuits, a conditic}l)al enactment clause was inclu.dcd with S.B. 1305: S . B~ l3,05wtll oi"1ly go intO effect if ·the Arizona StalG Co11stitution is· amcnc.~cd to allow for li~lits .to placed on lawsuits: . ' ...... ' . . . . . ·...... : . . . . '• ' .. • The next st<;p i11 the fight for tort reform in Arizona was gatherir!g the necessary · numb.er of sigr1aturcs t() place a constitutional amendment on the ballot PFLS ,· gathered a record~hrcaking 400~712 ,sig.i}atures· (only :158,000 wer"c required), placing Prop-103 onthe November 8, 1994 . .

: .

.. p o... box 10687 - phoenix, az85064 ...

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people ·for a FAIR legal s_ystem ...

'• ·.

Just some of the grOUPs and indiv.iduals working with People For A Fajr Legal Syste~ to . modify three outdated sec;tion$ of the Arizona Constitutio11;·

Agrt B~siness Council of AZ · . Altar.Valley School District No. 51, .Superintendent .· Americai1· Association.of PhysiCians and Surgeons "'"" .AZ. Chapter American Equestrian AUi(illce · · · · Amigos Trade Association · · · · ·~ . . ·Apa~he . Juµction City Manager Apache Junction Assistant ·City Manager Arizona Association of Chiefs of Police ; Arizona Association of Man~ged care.Plans . Arizona Auto Dealers .ASsociation Arizona Bankers Association Arizona Burglar and Ffre Aiann·Association .· Arizona Cable T.V. Association . · . ' . Arizona Chamber. of Commerce ·Ariz.ona Contractors Associa~ion · . .. . Arizona Council of Centers for Children and Adolci>cents Ariiona Cou.ntics :insurance Pool · · Arizona Fann -Bureau: Federation Arizo~a ·Medical Assodation Arizona Multihousing.Association ··· Arizona"Restaurant Association · Arizona R~tailcrs Association · . · ·Arizona School Boards Association ...... · · Arizona Special 'Olyiripics Foundation,. Board·~f Directors; ·Chairman · Ari~o~a · statc A~sociatiori of FQl1r .Wheel Drive Cl.1.1bs · Arizona State Dental .Association Arizomi. State Lodge, .Fraternal Order of Police, Inc. Arizona· Di~t~ 3 ~ittle League, Asst. Distric~ Ad.ministrator . . ' Arizona Youth Footban·Fcderatio1'i; Inc: · · Assodated General ComractoI'S. . · Associated Highway P,atroimen of Arizo.na. AT&.T ...... Beer. and Wine Wholesaiers of Arizona Bcrison City Manager · · . ·

p.o. b~x 10687 - phoenix, az 85064

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Mn.yor of :parker · Mayor of Payson · Mayor of Pinetop-Gkcside: Mayor .of Queen Creek .. · Mayor of St. Johns . .. Mayor of S~ottsdale ·.. Ma:yor of·Set;iona · . Mayor of Show Low · . ~ ... ' Mayor of Sierra· Vista ·. Mayor of -Snowflake Mayor of Springenrille: · ; .. Mayor of Tucson , ·. · . . · Mental Health Assrida~ion of Maricopa .county .·· M~sa Govemmental Relations Coordinator · .:·' . Mohave C0unty: Board. of Super\iisors ·· · · ..' ... Moha_ve :County .School SuperhJtendentis .Office · . , ' ·Nadaburg School I?isrt,id No. 81, Supenntendcnt · . National Federation of Independent Business · 'OK Corral. . · · · ·· ·. Papago Stables . . . . · Parker A!ea ·champer of ·commerce .· Parker Town Manager ...... ·. Payson City Manager • ... Phoenix Board of Realtors .. Pirria ·County . Medic;al Society . ' . . . . Pima County Sh~riff's Office Pima Association ' nails· ' . . · · · Pinal County Bo~u: d of _Supcr\ri$Ors ·. Pinetop.:.;,Lakeside ·City , Manager · Pirle/Str~wberry School District Nci. 12,. Superintend~pt ·. ·.·. · Queen Creek .· Chamber of Commerce · · · · · Queen Creek Unified School Dis:trict No. 95, Superintendent . .· Rl,lral/Metrn C9tp6tation·· ,. •.. . . · ...... St. Johns Chamber of ·corrmierce, President St. Johns City Manager ·· .. · · · ...... St. Paul's Academy · . . : . , ·. · . ·. . · Scottsdale Assistant City Manager · ·· $ho~ . Low City .. Manager , . . . • ...... Show Low Unified 'School District No.4, ·superintendent

Snowflake City rvfanager . . . . ·...... '• .. . .Southern ·Arizona Aiab1an Horne Assodation .· State Retire9 Employ,ces l,\ssociatio~ · ' . . : . "',• :'. ' Su~ City · Taxpaye~s A~ociatiort · ·· ·''. .. Supc1:$tition Ri4ing StabJes, Inc. ·. The Eqtiestdan Group · · · · · .·: The HeaJth care Choi2¢ Co,;Jitfon ·. . ..:. . '''I ' ...... · . .' . . ··

. ' ..

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Bikers Agafrisr Manslaughter, Area Representative · . Blue Ribbon Cafe, Globe, Arizona . . · · · . - Biue .Ridge Un.ified:Scliool D1Strict No. 32, Superintendent ··. · . '·. Buckeye .Town Manager . · . . . . . · .· Buckeye Valley Chamber of·Cornmerce· cave Creek Town .Manager . .Center Against .Sexual .Abusc:·(CASA) . City of Apache Junctfon . · · · ·City of. Benso~ · · · · ·City ·of' Goodyear · .. . . City .of Holbrook.·.. :.. · .· City of Kingman

' . '•, . . City of M:esa . . . ~ . ' ·... City of Scottsdale · City of Show.!,;.ow .. ,'• .· City of Siena :Vista · .. '' . <;ity of St.. Johns · ···. City of Tucson. . .. · . . . . ' ,' ·. Don Donnelly Stables at Gold .. Canyon ·... ·E~ger. City Manager: · .· · . . . . . · .. · . :&ist Valley Coalitiop · ...... Flagstaff Council Member -·Florence Town Councilwoman · ...... ·Florence .wo~~n's . Club,' :President ·· · . .. ":· . Gilbert Chamber of Commerce Gilbert City Manager . ·. Gilbert·Assistant City. Manager . Gilbert Unified SchoolDist~ict NQ. 41, .Supepntende.nt .-:· · Goodyear City Manager · · . _ Greater Phoenix Assocjatioii of Hea:lth Underw,riter.; · ··Home Builders AssoCiati'on of Central Arizona · ·· · ·Kingman Arca Ch~mber of Commerce . . . .· · . Kingman City Manager . . . ·.· · . · · Like HavaSu City· Manager ··· ·. ;:, Lake Havasu Unified School. District No. l ·. . . . _. . , .:. ·.. •' · ... ' Madison .Schoof District, Assistant Superintendent . · . Maricopa: ·.county Medical. SqCiety ·· ,. · · '• .· ... ' Maricopa· Coun.ty Sh~riff s Office Mayor of Ap~chc . Junction . ·: ·. Mayor·or' Bensort .·. ·· ·· · ·· · Mayor of ,Buckeye . . . . . · Mayor. of.C(lve .. Creek · ·Mayor of Colorado. City ·of GUbert :· . . · · . Mayor . •· .·. · . . .. .·. ·.· " ··. ·:- ..··. May()r of Ilolbrook. . . ' -· .. :: Mayor of Kingman . · ··.-:. '' ....'. '. ·.. ·... ' '.

' 'I, .. ··. "'. ·.. ·., . '•

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... '

Tlle Lakes Homeowners' ~ociation The Western Stab!~ O~neis Association T~~chstohe · co1nmuriity~ iilC. · · ·... '.·. ,Town of.Buckeye . . . . ·, - ToWri·of .Cave Creek · .. ·.. .T()wn · of .Colprado Cjty ' . " ·. Town of Eager . . . . Town of·Gilbcrt ·· . : . ·.. :Town ~ ~f ·P.arker ... · ·. Town -of Payson . .Town of. Ph)ctop~Lakeside . Town·of Snowflake · .· Town .o~ Springerviile . .. •. ·: Tri-city Behaviorai Services; me·_ ,.·· . Tucson ·City Ri~k Ma11agcr . .: ~ .... Tt.i~on rnte:rgovemme·ntal AffairS Dire,ctot · Volunteer Center -· · · .. Western Sod) Getiei~1,.· M:ru;agcr ' ' . . ' : _ . Westside Socjal :Scryices, inc ~ ·, .. Westw(;>rlq Riding Stable ··.· . · · . . .· · · . Yoma ~co.nomic Development CO~., . Pres-idcnt: . Yum~ Sc;hool District N(;l. l', •Sµperrntendent . : . . . . . ' ' . . . • ··. · ...

. ... ·. ' .. ···

'• .. : .... ·· .··.

·.··.: ..

.. ; '.·.. ·.· . ,.,;.

' : .· ... ~·' ....

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Page 6 ROLL CALL Thursday, August 4, 1994 Pennsylvania Avenue · By Morton M. Kondracke Latest Winners healtJ1 reform, malpractice r<.:fur 111 i~ a lhl':llt.:r anesthesiology and obstetrics e

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gres~. n w111 oe If ATLA prev,u1s m um this year. Boggs's SPCOnd major triumph three votes ~ hort On June 29, the Senate fell break a filibuster no hmits on dam- of the 60 votes necess:.iry to The Clinton bill contained Sen. Fritz Finance Commit- led by another ATLA acolyte, age awards, but the Senate legislation limiting limit indexed to in- Hollings (D-SC), against tee wrote in a $250,000 liability ca'ieS. contains no awards and legal fees in product flation. Mitchell's bill, naturally, of its power, state caps. House In another· demonstration ~ uch limit and elinlinates then-House Ways (D-Mo) ATLA intervened with Majority Leader Richard Gephardt Dan Ros- to incorporate and Means Committee Chairman has yet to decide whether cap on non-eco- care bill. tenkowski to slice a$350,000 Brooks's measure into his health care bill ap- with Mitchell nomic damages out of the health Boggs's success on Tuesday subcommittee, and business proved by the panel's health and Brooks stunned the health committee had on tile grounds that Brooks's \ lobbies. the Mitchell- jurisdiction over the topic. "This ough: to be called Employment Brooks Trial Lawyers' Full and senior vice presi- by Mitchell Act," said Wayne Sinclair, Helped a malpractice dent of the MMI Companies, super-lobbyist me that the trial Brooks, msurance firm. "It amazes to block reform, Tommy Boggs scnred lawyers are not only trying but they've gotten greedy." the will rebound a major coup for With any luck. overreaching House. Rep. Vic :.H;:u nst the lawyers. Jn the lawyers Tuesday. on Gephardt to trial E1Z10 (D-Calif) is working out of the House l-;:'ep Brooks's provisions contributes lav- his state 's re- To gain influence. ATLA !c:11..Jership bill and safeguard million during the <:r·~nd ment s ishly to campaigns - $4.4 ~-, rn1s. r~ the Senate. numerous so far in this election cycle m1d$235.000 :,~ bill will be proposed. 1992 Com- .\!ir,:hell's on according to Federal Election willingness to compromise cycle, is spend- \1itchell's that filings. The health industry r rruuidates improves the chances mission ob- employe this year, as lavishly, but it has numerous health care legislation will pass ing just where- some a wind- the health care reforrn fight, be a shame ifit contained jectives in on but It would money is narro ·: !y focused a.JI for lawyers. as ATLA's . '. liability and medical malpractice product ATLA Despite a close relationship between Administration's and President Clinton, the some measures health care bill contained including33 per- sought by the health industry, and a mandate that ·cent lin1its on lawyer' s fees ·tiling lawsuits. parties try mediation before

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09120194 Imcromcc Mr.me

26. Mi. Ril;hard Silvcnnan General Manager Salt River Project 27. Ms. Jane Alfrwu Corporate Counsel S:ilt River Project

28. Mr Frit'l Beeson Co1pomti: Coun$d Sall Rive( :rrnjt:i.:t

29. Mr. Ji n Jones Vice President AETNA 30. Mr. Foste~ :Mattson General Counsd Motoro:a SGS :lL Mr. Drncc Ramo Gcnernl Counsel Motoroh1 GSTG 32. Bill Johnson Reg:onal Vice President State Farm .h .Mr. Jerry Mayer Ma11aging Partner Dcloitte & Touche

34. Mr. John Gmvaltick Mmrnging Pari.ner Hrnst & Young

35. Mr. M;irk Klein M('ln::iging P:irtn~r Price \V11t 1: rhou~c Jack 36. Mr. Henry Managing Panncr Anhur And~rsen 37. Mr. Rodger Dailey PFLS 38. M~. Marcia McAllister ASARCO 39. Governor Fife Symington 40 . Congrcs::.111<1u Jim Koioo

41 Sen~tor Bob Dcle

42 . Mr. John O:iw.,on Scott~;ilc.: Pbm-i Rc:so1t 43 . Mr. Bill Kilberg S1;ottsdale Plaza Rcson 44. Mr. Tom Zcnty Acting CEO :v1ercy Healtllcarc (St. Josephs) 45 . Mr. Joe Bacd1us Executive V.P First Interstate Bank .+\'I , Mr. Dan Bergin Corporate Counsel First Interstate Bank ~1r . 47. Gary Miller Sr. VP Rauk of Ameri~ .

48. Mr. Bill Long Sr. VP Norwe~t B:ml<

49. Mr. Rill Nord Sr. VP Norwcst Dank 50. Mr. Ed Wren Wren & Associates

STAFF Ms. Allyson Bell PFLS Ms. Jeanne Pnttcrson PFLS Mr C::irHlf r. ivingStlUl PFLS Ms. Christian Swnner PFLS Mt. Cnrolinc l'lo-cm~r T

Cunfidential

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CONSTITUTIONAL MODIFICATION CAMPAIGN Executh·e Summary for Proposition 103

BACKGROUND

The Arizona Stare r11mfit11fi(ll') prohibi1£ the people or damages. This thdr o:/.;i.;t~d rr.:;m:.nm1wtves from prohibitiun stymies meomngfitl tort t1mmng CIVIi lawsuit the co~·t reform. slows economic development, ofdomg husin.:ss in Ari:1.nm1. raises taxes and increases • Arizona is one of only 4 states whose constitution prohibits limitation on law$uits. • States tlrnt rcfom1 their liability systems attract jobs and improve productivity. + State of Arizona. paid toit claims are ll11ong the highest t~x dollars in the nation, forcing the to cover 1994 tort cost~ state to put aside $71 million in

+ The US tort system, "ou~uming 2.3% GDP. is the mcst expensive more CO$tly at home in the world, making US products and less competitive in the global mark~tplacc. and scrvic1;s • Individual plaintiff aM1rds are hii:ther when the defendant is n con1ornrirm nr govc-nu11enLal t:ntity. • The direct cost of the tort ~yqe-.m in the lJ.5i . i~ o·--~r $132 billion. + Tort costs hnve gro\vn four tin1cs faster than the US ewmm1y in 1be past ~8 years. IH~ lil!.;~t,.t•rrs FOR ARIZONA Proposition 103 wi!L amend the Arizuncr Stare Conslitwion to allow limit lawsuits. PcrHage the people or their elected representatives of Proposirion l 03 is necrt.\·.rnry ro constit11tional for other pravinmly N1 1'1ctL•tl fogislation to b" ~·a/id and

0 Volunteer Immuniry ·sets a "gross negligence,. liability :;tandnrd for volunteers and 11011·profits. 0 felonious Acts - restricts felons from suing for injuries incurred while commit'ting or fleeing a crime. 0 Dn:nk Driver -prohibits recovery by a driver whose intoxication was responsible for accident. 0 Public Protection - grams qualified immunity tn police. firefighters, emergency medicnl technicians. Pcr~onal 0 re:$ponsibility - pn..ihibits civil suit against person acting in self dcfcm;e. I' Rccrcntionnl Land Use - ProviJ~.:s qualified immunity for lanum\ners who atlow public use of their :ands .

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Additional Talking Poi11t for Senator Bob Dok

Attached is a ncwspupc1 ~olumn that former SeI:aror ueorge McGovern wrote. Since reaching out to both Republicans and Democrats, we arc it would be very helpful if Senator l">ole mention that this is au issue that crossc~ could party lines and make the following points:

• Tort Reform is a mainstrca iu is.;.;uc . When people like my old nemesis and I nrc on George McGovern the same sidt:

''Amcrici.l is in the mi1..bi vf a new Civil War, a war that threatens to undercut the civil basis of our society. The weapons of choice arc not bulkls and bayonets, but abusive lawsuits brought by an army of trial lawyers S\1bverting our system of civil justice while c:nriching th1:msclve.s."

When lihcrnl Dcmocrnt1; basically say the same things as Republicans, toil it:furm is an issue upon you know which the majority of the people agree.

Page 41 of 101 SEP-22-94 THU 14:48 This documentPEOPLE isFOR from theFAIR collections LGL SYS at the Dole Archives,FAX NO .University 9529866 of Kansas P. 07 / 07 http://dolearchives.ku.edu

Publication Page l\..hT~L'Y Date Gircul~tion : "==~ '=.J~:~ ir.,. Tri = -= il 'W = 0 ____U:.,; 'S...,.A..:...T:;...;o;.;;;tla;;;:.Y'----- ..1. 'U...:JY '~ ,. .... ~.000.000 fi ___W_a.._lJ_;S;...tree-.:...t:..;.I..;;.ou;;.;ro-=~=--- A-18 (602) 957 - 79~ 8/11/94 1.91Y.355

A Sneak Attack on ~1alpractice Reform By GF.OltCE McGovr.RN ine nat.i1mts' !ll'l'P.!>S to th; care America is m the midst of a new Civii thoy need. fo-olball helmet, l(l\JJcr, automoo!le or There is significant biporiisan supPQrt other War, a war that threatens to undercut th? amoni,i product frequently targeted In prod- civil basis members of Congress. the nation's uct llabilil.y of our society. The V;~. For instance, Cali- our economy citizens all take that route, the fo?"n i11 h \4 :;uper!> many ·other doctors are being sued has P.xploded or- issueli, u1e states o.re learung the way to by thopedist who did everything dght. But cornmonsense l,000% smce 1984. Direct liability costs with reform. hav~ an injury like this. doctors havP. tn l.Jetm growing at frn1r tunes the rate of have tnlS ts wny proponents of reform were inflation. the courage to follow what are sons~· Yet of the billions of dollars spent times risky and stunned and rusma.yed last week to see the on medical liability radical procedures. I don't House Judiciary , only ,fO cents or every want my doctor :.v irighteneal 50% of procedures. or cha~P..~ rne exorbitant tees as :. tM average award in fee!: o.nOrne o! national vrod· As C'..ongrPSs moves toward votins· the reform tne uct five times greater than in on states have w

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Ai~ INlTIATIVE MEASURE

PROPOSING Ai'J AMENDMENT TO THE CONSTITUTION OF ARIZONA; MfuNDJNQ ARTICLE II, SECTION 31, CONSTITVTrON OF ARIZONA; AMENDrNG ARTICLE XVIII, SECDON S, CONSTITUTION OF ARIZONA; Ai.\fEND!NG AR11CLE XVII!; SECTION 6, CONSTITIJTION OF A~IZONA, Rf;lATING TO CIVIL JUSTICE REFORM.

Be it enacted by the People of the State of Arizona: follows, by amending Article • < The Constitution of Arizona .is proposed to be amended as II, section 31; Ankle ~'VIII, section 5; Article XVIII, section 6. if approved by the. voters and on proclamation of the C1nv~rnor:

Section 1. A.rtklc n, st:ction 31, Constitution of Arizon!l, is amenrled to read:

31. Damages for d'ath gr pcrsonill imunes Section 31 ~ A law~ MAY be enacted in this State limiting the amount of damages to be recovered fori caLtsing the death or injury of any person.

Section z. Article XVIlr, section S, Constitution of Ari2ona, is amended to read:

.fii . Cant.rihutory neglige.ru;e and assumtitiQD of risk Section 5. UNLESS OTil'ERWISE PROVIDED BY IAW, the defense of contributory negligence or of assumption of risk l':hall, in all a:ses~httf!oc•rcr, be a question o! fact and shalt ~ 11H tiI.1cs, be left to the jury.

Section 3. Ar-tide XYIU. sectlon 6, Constitution of Arizona, i&: amended to read!

6. Bc;;Qvccy of domoges for fojuries Section 6. The right of action to recover damages :or injuries shell :1cver M.A.. Y I be abrogated, and the amount recovere:d !hail 1101 ~ Y be subject to~ statutory I limitation. I

Page 43 of 101 This document is from the collections at the Dole Archives, University of Kansas -----0. 5/ 5------·' http://dolearchives.ku.eduFAX NO. ~~~9886 P. Ol people for a FAIR legal s~stem ...

Talking . PolniS for Senator Bob Dole P~uple For A Fair L!gal Sy~tem - Tort Reform Briefing September 23, 1994

• Tl11,;1~ is no question that common ~cnso and foimess 11ee ull Volunt~~r~ <.t~;· home. in~tead cosrs of offi:1.ing their !\crv!c.e.~ to che polic.c 0fficen; and fir~ flglircrs community, have second tht)ughtS b~fOre IU:~hing jobs, si.::'.-11.lols shut in tO do their their donn; after hours tc~ .potential youth ·give.our ciliic.lren an alternative prop:1"rtms that would to hanging out on the ~trc~r> · for pris sue ta."

• lt'S nor going to tic easy_ Bur whc11 you COl\sider what ii; at ~1.uk~, keep tn1u1_,; u11til ynu ~rn you hCl'•C to succl~S:\:ful. Jus;t look ~t peopk . members of 1h 1~ tri~·l c-pposing this. Some kar will c.fo ;:,11ything m win. htt reform po.SSC$ accide11t st.~nd to lotie a lc.>t of money. . attorney!-; . • If tnrt retorm passes the people of Al'izo1ia hav.e a lot thar our ~y~tcm to gain. Muny p\;opk: a~ree legal · i!.'n't .worki11g,· l)ut what will do thc.y clou't r1.:a\ize. is w}lat tort fo1 them. y,;ut·k~islac~i ' c hwi reform ;-n;-1'1,c iI easy for you to sec the t1)rt 1!.:lforn1 . On the- v.:;1) benefits of da.y frop ... 10,? p<.i~scs, the people of new prvlc1;tkms -- common Ariionu wilt r•ceive s~nse protcctionf'. Protc<;.tl01~s granrcu 'that W?. take - um1i we need thl.'.m . Protc1;,tion5 for ' He:

p.o. bo:x 10687 ·- phoenix, ~z 8'.:1064

Page 44 of 101 P. o/ ,;> I 1111 l\Vo 0529866 1.~ This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

Immunity from frivolous lawsuits to voluntce:rs, non-prof.it or~~nizations , sch0<:1ls, ,1nd e.mcrg.1::1cy mc.:

prcventmg drunk drivers or itlegal drng u~crs from suing if they are in an auto accident and they iirc morn than ~0%

prohibiting prisoners fr<>m beins acli;i to S1.li: the t11Xpaycrs of Adium.i for frivolous claims. ("'8% of all federa l tort cases in AZ ~~~ f1led hy prison"rs.)

Sr.fintmg immunity to att3ck victimi:: who MC hC' ing !>ued for sin1ply defending themselves.

protecting law cntorcemcnt otficers and firo fightera from fri\'Clous lawsui t~ when they are acting, within the SCO,P.r.t ing th4!" pMple of A1faon:£.

• The b¢t:om line yo~ for and your t.:ompank.s, is rhat tort refonn is good bush1ess. tor $ttitcs that have enacted t011 rcfonn liavc imprnved their productivity and have oimacted more jobs.

• Evcry th in~ b, in place for Prnp-103 to pasi;, you huve ::;uppt'>rt from the pcopl~ of AriMr1n (« rcc.01·Ll-brc:ik i11g 400,000+ pcop l ~ signed ro put tbis issue on the bi11cs$ community, tmd state-wide associations, you lu.tvc courageous le_gislamrs in ~ will to fii,ht for tort reform , :mci yN1 have- & Republic~n Govc:mor who wil! sisn 1~. gi~lation. into law.

• l woukl 1:- !l ~01Jrngc yuu and yoi.:r comparjcs to d<> everything you can to metkc sure Prop-10.3 p.'.lSSCS .

1. Have ;rnm r.ompany publicly join the co~ l 1tion in support of Prop 1.03 and give fo121ncia1 suwo11.

2. Let your employ e~cs know about the is~uc ~i nd how i111portrtnt it i)) to your company. Encouragt rhe.mto vote.

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Page 46 of 101 BO B DOL E This documentI D: 202 is from- 408-5117the collections at the Dole Archives, SEPUniversity 23'94 of Kansas 13 : 49 No.021 P.03 http://dolearchives.ku.edu

NEWS BVAll-ABlLlTV WITH ARlZJ»J8 GD\lE&UlB .f.LEE SYMlNftlON.

Friday. Sapte111be~ 23, 1Q9A

S:A& P.M. to S:1~ P .M. PST ~ni)(• A2 . P,URP06£:

To p••oMOt.o t.h-. y.~-•l•~ t.ion c:attp&i.~n of Gove""or riff! Syttington of Ar1~ona . QACKORQVNQ:

You will join Gov•1ngf' Sy.-1ngt.on in• nttWS ava.11f!l£)1\1t.y at the Hy•tt Hot•l bf!fore at~enaing a vrP recepilon and tuna-~a1s1ng dinner.

In the Ari~ona Pr1~ary •1•Ctlon on Sept•mber 14, Fife SyN1ngton aeteatecJ ~arbara ~arr~tt 68~ to ~2~ - The Deino4;rAt.!it TIOll'inat.ed super,.arket. •agnata Eddie Ba5ha CBa.a~­ ~ha) a$ t~ir no~inee in an upsat over Phoeni~ Mayor P~ul John&on and . Basha r•c•ivad 371 of t.he vot~ with 361 for Godda~d and 291 fo~ Johnson .

Sy•i~ton i~ focu•ing thi~ &lettion on nis '!!..!"~ ilr;compUsba1DtiJ.n....9~til...f.!.. t~L.1nt•r-.in9 t.h.-t 1 He•• Basha is • j1-491t •ne>t.ti•r lit>f!ral" whO wen• t Q&t t.he job done. SyMington no~~~ Lhat B•~h~ is a cheerleader for Pre•idenl Clint.on C11.nd Clinton'& top S.n•t• aupport&r Denni» OeConcini> . DeConcini endorsed Ba•na vesterdav. B•$h& ~ubliclv thanked OeConcini la&t vea~ when he cast the deciding vote for the Clin~on budg•t bill.

ThP- SyMingt.nn o unp;aign w111 r-r~nUnu~ l.o link Rasha lo t: 11. nt.,,.-. .

A Phosnix TV-3 poll ralea•ad la•t ~•ghi •1-\Q~* a tou~h rac:e fo" Symington. T"a.lt•n it.ttlC>ng 5SO likelv vot.~ri;;, it i.;,howad B••ha w~tk ''lt.• Sy~ington with 39,, John Buttrick t~ Liber~ari•n with 3t and µndecided wtth 4K. The pqll~ter~ a•ked vot•rs th•ir vie~ Qn ~~ace "if t.he elcc~ion we~o l•udd t.od11y' • .

* lf • queetion tome• up on the Crime Bill, yo~ may wi~h t.() downplay it. •a Sanat.~ f1Vminee Jon Kyl suppoy·t.e-dl t..he ~~a5ure . Kyl h~~ received eK~~n~lvc cri~l~i,M in ~kc ~~o~~ for hi~ vot.c .

Page 47 of 101 BOB DOLE ID:202-408-5117 SEP 23'94 P.04 This document is from the collections at the Dole Archives, University of Kansas 13:50 No.021 * lh&re l~ a p~lvate http://dolearchives.ku.eduproperty ri~t$ 1nlt1aLlve on the ballot t300, Which was oppo••d by foraer Sen. 8a~ry Goldwater and supported by Symington and most other R•P'Jblit•ns. Just y~$\•~day QoldW•t•r rQv•raed hi~••lf and came out in f•~or of thQ initiativa. ThQ pr•~~ may try to ask you about Guldwat.er 1 s o~her controversial op\nion~

* fife SyMing~~n ha~ t.he bast r•coY'd of any Gove~nor in AMef'ica on accomplishing what he proraisf!d. He is an effe-cti"• lea~r for AY'ixon• who 1& moving the •t.at.• forward.

• Whi JA f:lt.lwr Rt.•t-f»• hlav• Lalked .-bout. lax reduct.ion, t .ough policies on c.rime, 1'8fP1'ftl .l" ,.duc•ttor1, 11nd c;l"eating a quality •n~ironMent for bu•ing~G and indu•~ry, Sy•ington ha~ ~lready dan• it . Ha i• a .odetl fo• Republit~n~ in ~Qttinw U1llit ~ob done . * SyMinQ~On is MOSt. proud Of his leada~ehip ln erov!dlng \br11 •t." aight. t."'x U!t." !&bU ng .tJ ...Z. qp UaD for th... people of Arlz:onll -

~ $ymtng~on leo the charge ~o gei a ••no parole'' la~ P••5•d for criminals. * A~co~d1ng ~o fQrbe~ Mag•%lnat, Ar1~~na rated an "A" for .}ob creat,ion with 184.000 new jobs in 3 year~ . * Symington led the charge wi~h GOP legislat~r9 to pas• a ~'t,rong aducation r·f.tfnrm ph1n. Ther 1uitas1.1r• !!!bi~h JM!!. came .i.D1e. •f,faU,, al lowt» Ari2:onaf'I& to c reat.e their own charter ecnools ~o long as it to11pli~• wiih (~vil right~, t-walth and ~afety law5 . Those treating ihe ~thool~ dev~lop thalr own textboo~g and curriculum.

Page 48 of 101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu tt1 D tt1

t::i D I ITl

f-i kept. t::i.. Promises made. Promises tv 0 tv "Govcinor.Fifo SYDtingtoo has .. --~ m ability :rare I .C:> amon8 politicians: leeping cunpaigo pumises." I 0 co I. -'17r AMmld Rquhlk i I (.fl \.______--/ ~ ~ --.J Arizona 1990: Arizona 1994: • 213% increase in spending in the '80-'s • $186 111•ian budget surpluses in last 2 yrs. • $1 billion projec•ed budget deficit by • $1.7 blion in tax ref ief through 3 sfraight years of tax cuts year 2000 (j) crime rate declines, and 3 de:ith ITl • 4lh highest rote of v:ofent crime • Ydent \J carried out in America sentences are (finally) tv VJ commit • No more paroJe for any crimiool • ~ plus of :ii I paroled inmates \.()- new felonies: murders, robberies, ropes ... .C:> 11 • AZ. gets an Alf" for economr:.: development •AZ. gets an "A for job crealton occording ~ policy according to the Corporation fo ... to Forbes Magazine-184,000 new iobs VJ.. (.fl Enterprise Development in 3 years 0 :z 0

0 ~}~lug.on- {AJnlU"lllu tv P.1Ei•(;,,. i_,y -,,.;· ~

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0 * (.fl

Page 49 of 101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu to 0 to ( r e:i :o r ~ fTl Leadersltl'- k•p•. tlaat"s working Wilm ...... I J/JWJJ In lkud Jtj01' d p~ rt- w~c:h dl the progrcu ArCm:a bas made:: sn leis tha:i fuw- spirit ofgo..•crnir.x,. TIN~ rz•nh rhe Am! tl~ O!IJ-Uu

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Page 50 of 101 BOB DOLE ID:202-408-5117 SEP 23'94 13:51 No.021 P.07 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

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--·~ ...... 1 ______.. :_·*·ttlt dehate ··· Basha.aiid ·.-·Bbttrick

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0 z TifE PHOENIX Q.l\2Erra Ttt!$dat, September 22, 1994 N l.f) ~harter schools law takes c::J"na-.1" effect, wins GOP praise Xay ~ preaident d the Encaticm m roEXIXOAZETi'E - Cmnmittee,. Liaa. G.ra- Creatars write tbe A?'izm!a Education Association. ham ol Paradise eurricottml. l'0 Van.,,. who a chooee t!le textbcds and anallS can c:reate theit own the abt.e'I! teeC:hln' grwp. • for state soperintadent schedule Ni under leplatioit classes. that tock . ~-who ilJnmnmgb imtruction. ft& :;";b\ inmu- Not a CL ~" but it likely Wl be re-ela:doa - thmDd two ID!Dtal bad conce,t, Lybeclc ~ .F.epab. in pttmg &he cllarter as Jong u ~ I hef-ore Clneopml. licali ~ for their wmk · • sc3oala • • -.-..I there are anuraat:e::> Pf99'JllOb ~ thAt thoEie ~ acatiam k ~a clw-- chart.er ~ lGl&ting it as land- ttWe 1'0Uld be opm to need clange in our· all student& •nd ~ JOOl wue mada ~ mark educatton:nform. ~ be to the !D\Y :IOr the ... • .ald. ciliq hidi same sta.odardS as plblie schools:. fil9t ame.. No "'Ihi9 .if! a. gAllt d8}' for ahu:a- dl'lJl08t,... a.id pdnata Do L.havt bem l&Aad a ..... tiali iD Ariloma.., aid EeaatE an 1Dlp:ei;.nd '"We ued to. tread mftly and to pt jofl8. leant from others' harsed wilt ow--*c die Majority Leader'l'om Patters:m.. Thia · mie::ak.es be- hasttt 9prDi. charter s9ool& eame tb8re wilt S(l"JOJa, bef:m. 8J111Di*4. "'lt'a ab:Dllt bani to oveuatii be • JBid t.helMI, Bepubliam- lei mmte wser-1~~- Democratic Sen. 'lela AIBton of bow ta wil c:hatge- ~ part ol lbe - . lm- 7 I'- ~ .J"ife Symingtiln ...,;. pth- ldaooia in t!Da state. Ytn"re we&. Pbcesm, Gtaham s oppcant ~ guing far :he tAlp schools jch bre the media b prDe the to aee thinp that will make nm1 .,.l'epiNiorisAd; . - eff.rt .... l.f)OL cllferer..cea ln the of =et. Alstan voted ~ charter m. dill· . 'lbe- law lais.all,! po11p I t's just rfAl 'tJ:?ical, min( dft!lll."' form a acbds. mostly be:ause oia a ~ as a 8CliooJ ail ~ - .ii eompOes charter i&! grimted, 1>0litical football," sUl As dlainroman f1f ;;he HOE&e with ii does noi oome c::J" ciw ri<a. hmlih and safety 1inra. up for~ fol'" five yeal'!I. I N "'So if ~ 0 sefrd or ur.- N Maltbf. ii bappenmg in those a:~ ~ dwteriDg orpnila- 0 tion H i& B&\lCk with tt for five .ream. .. .Alston.aid. While kli1 in cbarler eehooG 1JOlllld have to take ihe &am! teeU • public m-. ·tltere ill nt peuhies ff thoR ...... dOD't pedorm wen.~--- .One el ti. .tint cha.... 9Choc:.9 ii lileiJ to be- pgposecl by fDr:mer legillator Armando fbm and TOIDID1 &rpinom of &pirilu. De- w wlrpient. Corp., I . ~ . _J organization tlat 0 nns Litt.le 0 lama. pres:boo!. OJ 0 . OJ ) Page 52 of 101 BOB DOLE This documentID: 202 is from-4 the08 collections-511 7 at the Dole Archives,S UniversityEP 23' of 94Kansas 13:52 No. 02 1 P.09 http://dolearchives.ku.edu

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Goldwater reverses field, r -~ndorses property 1 ... '· issue BJ lt.ve Yozwiak -.viroftmcntalll", who oppotiC it, 1trn.I ' TM ArizMI ~ bu.tin~ interesll, which 11Uppott it. Fo110er U.S. Sen. Barry Goldw•t~ ·r "I thin~ it'~ An lmportut end.orie- , bllf; put his powerful political tJingtc!1'$ ment." •id Killian, whOH in family tie:; reverse, s.aying hr. now favor. o. helt>td hitn aiah1 tbe 11.1diencc with w11Lruvc:nia1 properry-riglJts · rdllil:o· Oold.1'&ttr. dum on the Nov. 8 ballut. Killian's late armdfather, RAY 41'ttt a viilt Tuuoday m9ntiii5 from Killiii11, wv:rkcd closely Wltll. Ooldwa- . Oov. Plfe. Symington and Arizona rer to 1ain congressional 'Hoose fundins fo1· Speaker Mark Killian, C'ft:lld· the $4 bUllon C.ntral ANonu Projc:.i;t water istued a letter sayint he now canal. \Vill vot.e "yei" on PropoSition 300. Smidy Bahr, ta.mpaian tr~um for ·· Tbe tno$tl!Ji was t11itiared by the 'Arimo.a ~cnunity Protection Killian 1fter h Wli$ rcponcd that Committee, wbich op~ Propo$i· 1 Goldwalcr had QOt1.1~ "~I ~f.llin•t tbe Uon '1'11ot ,00, said ahc does not heltave ll issue, •Yins he WM 'a dcf1nite Oold.w«ttr's flip.flop will hurt her ·- .'1Jt1' lintP." 1111d would bo ''1111 idiot" to wua<:. vou oth1Fwise. I "J tblnl. Scutor Gold•ter ~ · ·: Hours aft~r a ! the 20-minutt vjsit man of chip ronvictl.o111 and ·wn- · from SyminJton and. Killiti.n, however, ~~. Wld jn hill heart, 1 : GOldwater he knows his u;sucd I\ new letter to hi' orisinal po8.itio11. w.n ri.«ht," ~Id f¢ilow R~ubliCll~ saying just the Behr, botrmq from Ooldwater's .op~it11. . 1 15164 pl'ftidentlal oamplip tlop.n: . 1 Cll" •UN YOt~ ror I law that tclh "111 yuur h•n, )'OU kn6w M'll rtJlll .. " . ao~enment regula.ton to keep pri· Bahr said she thJnb the swlidoll :.vAle-imiPerty rlgtitii in mind. T "'11 k ann-tw~ coul4 baiakfit~ oo Pn:ipo- .-if . 'yes' vo;e on Proposition 300," g]tjon 300 '1!pporten. ~oldwater uid. in the letter, released ••1 think it abows the Dad nffklWP.'I' b~ Symin;ron't re-elcclion ca.inpaiJn. ~n.aln tpeelal Jatmlti Ila~ in this . Baokm Of Proposition 300 maJn. atatc. l think lt11 Wlfnrt11nate that they to.in that It wwld r~ulre IWe woul4 pit ~ kind sovem"1ont of polithil ta oomply with the Fifth pm&ure on Senator Ooldwa.tcr to 4'fllendment ¥at.rtnt.4ile' Ol'iml Us~ olwip hla posh.i1111 1" Bahr llllid. -, ~n1 of priv•te pro~y without Jutl Und.a McOun1 executive rorDptll8atloJl. director · nf Ari'Mlftl for Ptivate Ptoperi)' ()ppon«lt~ say it wwld 10 bey~nd 1Ueh1', was elated, 111yina the rtven.I that,-throttling lawc ahral!CI lt prottt.t- shCM Ooldw$tCr's $Upport h11·dle of the Bill envb'o&lment, hl!llllth and w.tdy of' kiJibt:t. Goldwater'& m(iQl"llelilent and tiupsy~ co•tm& more money to will be used in pro..Propositinn '.n) ~tws. . •top CBlil~ materials. ~he Goldwater's Slid. opposition to Proposi- In hu new I«t~r. Goklwatet said, . tion 300 bad been llC'.en 11• :ip "'l didn't havt tlw stn.ifht norr Dlxllll • embarr&Um@nt io Syminpm, beca\llC what (Propoilti® 300) would do. · QQldfttv I~ b<>nontcy oh&Jtmu of 'lfhorc isn't anrtblnr wroni with ·the 1o~~or'g rt..cltttion campaign_ &Q\'enunent lookin1 out for p«iple's The l>mu:x;ratic nominee, arooery- np.u before it pa.sa a lot of oh&in owner Eddie &sh, uppullCI ~· NObody PrOfJ(Jlirion tbinb mucb 300. about property ripta until t•eir. Jte Goldwater'it ~witioo t'lOuld h•ve vllllattd1 111.nd t}iQn it's • hdl Qt• I~ ~ of. e declth kneH '°" the ~ue. whiM trouble icttbig the · s<>w:rmmmt off is bolng cll;lllely watche(i nationally by your back."

Page 53 of 101 BOB DOLE This documentID:202-408-5117 is from the collections at the Dole Archives,S UniversityEP 23'94 of Kansas 13:53 No.021 P.10 http://dolearchives.ku.edu . , ......

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~ccoL xo~x Page 54 of 101 BOB DOLE This documentID:202-408-5117 is from the collections at the Dole Archives, SEPUniversity 23'94 of Kansas 13:54 No.021 P.11 http://dolearchives.ku.edu Babbitt: 'No' on Prop.300 - Fears management . of water could end ·

Page 55 of 101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

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6: 15 pm- ATTEND VIP Fundraising Reception for Governor Fife Symington 6:45 pm Location: Cowboy Artistl Room Attendance: 50 @ $500 per person Event runs: 6:00 - 6:45 pm Press: Closed Facility: None Format: Mix and mingle Contact: Chuck Coughlin 602/222-8855 602/263-7637 fax

Page 58 of 101 SENT BY:HYATT REGENCY PHOENIXThis document 9-23-94 is from the collections11 ;45 at the Dole Archives,XEROX University 7033~ of Kansas 313162648446 ;# 2/ 4 http://dolearchives.ku.edu

VIP RECEPTION WITH GO'l.l;_RNOR FIFE SVMlNGTON

Friday, September 23, 1994

6:15 p . m. to 6:4S p "m_ Phoenix. AZ. PURPOSE :

To attend the VIP reception for Gov_ Fifa Symington . Oono~s have paid SSOO pe~ person to attend . BACKGROUND:

Some of those attending thi$ reception were at the Tort Reform meeting earlier. POINTS TO AVOID:

None in particular _ POINTS iO STRESS:

* How important. it is fo..- Symingt.on suppart.ars to tontinue to work to raise fund$ for him . That * the race will be ~lo5e and that everyon~ need$ to put more effort forward . KEV ATTENDEES:

* Governor Symington * Ann Symington * Bob Fannin- Finance chairman for SyMington '94 * State Party Chairman Dodie Londen * Hon . John Greene - Senate President % Cong. Jon Kyl * Cong_ Jim Kolbe * Phil Dion- President of Del Webb industries * Rep _ Ma~k Killian- House Speaker * Mac Magruder- McDonald'$ franchisee * Tom McClain- President of Miss Karen'$ Yogurt

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:\J SI 1. 0l Q _J BIOGRAPHY OF GOVERNOR FIFE SYMINGTON '.I: Q_ :J

['- ...... On March 6, 1991, Flfe Symington was sworn in as the Hlh Governor ol Arizona. .Among hls ecor.omk develop:ctent achievements are the establitllunmf of a i.., coif. Q ':'ralning Program and the creati:::n of tax lncent1'res fer compani'!~ that use £ecydil' ~ Fife Symington wu raised ln Maryland and gnduated from Harvard Uuive.rsity in . mater~als . Another im?ortant leghlative inltiative is tke nallouaUy acclalme:t ~ 1968. After graduation. Symbgton jolned the Unite:i Stales Air Fo:ce and wu Defense Resuuct.tring ..,_w, which allowssrate government to offer stJbsta."llia.l state ....., stationed at ln Arlzona. In 1971, he received the Bronze Star lax credits to delense companies that restnu:turf! to commercial prpductlon. As a medal for his servi.:e ill So:utheast Asia during the . He Ci>mpleted his direct result, 4500 jobs art l:emg t:rought t·:> Arizona. military servie~ in 1971 with lb" ral\lc. of Capbin. .Arizona's relatkmship wlth is also of slgnlfltant lmpo1tanci! to the Symlngton returned to Arizona tn 19.72 and became a parlner 1n the Lincoln Governor's economic development strategy. He opened trade olfices ·Jn Meidco City Property Company. In 1976 h! founded The Symlngtnn Company; a commercial and Hennoslllo, Soncra, created the Organizatlol\ for Free Tradi.'! and Development, ~ and Imiustrinl develofmenl camp:my. Syming;toa ser1;ed as President and CEO of and coordinated a disaster relief effort for the St11te o( Sonora. G1>vernor Symington The S)'II'lngron Compony until May 1989, when he stepped dawn Jn order to devote ~as the fhst UrJted States Governor la lrl!ilo1y to be hlvlted to addles& a s~ate his fu.ll attention to ;1;s c:ampalgn for Governc-r of Arizona. He was elected mngr~ss in Mei

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HOTLINE 9/15/94 *7 AR IZONA: "CHUBBY GROCER" TAKES DEM PRIMARY In the end, "it was the savvy and calculated behind-the- scenes" strategy of supermarket magnate Eddie Basha (D) to get the rural and Native American voters to the polls that "probably clinched" his narrow victory in the 9/13 Dem primary. Basha manager Rick DeGraw, credited by most analysts as "the brains of the behind the race, seemed amazed at how closely reality mirrored the Basha game plan." '90 nominee Terry Goddard (D): "I think Eddie came on extremely strong. He had a good message at the end, and he had a lot more advertising than I did. And that makes a difference." Ex-Phoenix Mayor Paul Johnson (D): "Bottom line, I just didn't do what I needed to do out there" (9/15). "Retail groceries combined with retail politics to produce a massive turnout" for Basha on the Navajo Reservation, providing more votes than his margin of victory in the Dem primary. Basha "did well" across rural AZ but was "especially strong" in the counties which contain the AZ portion of the "sprawling, West Virginia-size" reservation. Basha worked "especially hard for the Navajo vote, one of the largest potential blocs" in the state (Kammer, ARIZONA REPUBLIC, 9/15). Basha must now "lure to his camp" the same moderate Republicans that Gov. Fife Symington (R) "so successfully wooed" to win in '90. Symington ran as a moderate, "but he has governed as a hard-liner. Basha will try to exploit this." At the 9/13 Dem Unity Luncheon with DNC Chair David Wilhelm, Basha invited Goddard and Johnson to the podium, and the three "mugged for the camera. They made a human 'W' with stubby Basha sandwiched between towering Goddard and stilt-tall Johnson. Democrats insisted it stood for win." The addition of Libertarian John Buttrick to the race, "one of the most articulate minor-party candidates to emerge in years, only complicates the picture." Republicans "may split their votes" between Symington and Buttrick (REPUBLIC, 9/15).

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ARIZONA

Status of Incumbent: Gov. Symington (R) Eligible to seek reelection.

Filing Date: June 30 Primary Election: Sept. 13

REPUBLICANS DEMOCRATS Fife Symington, Incumbent Terry Goddaa:d, Former MayJ>r.ofl&oenix , Attorney Eddie Basha , Supermarket Magnate Paul Johnson, Phoenix Mayor

Update

In early May, Governor Fife Symington released a crime fighting package for Phoenix which included funds for youth recreation and jobs programs, use of National Guard personnel and the creation of an anti-gang task force. While former Phoenix Mayor Terry Goddard derided the plan, Democratic candidate and supermarket magnate Eddie Basha applauded Governor Symington for it. City councilmen from the toughest areas of Phoenix feel the plan will deter gang members from violent activity.

Arizona joined other states in suing the federal government for reimbursement of costs associated with incarceration of illegal immigrants. The Immigration Reform and Control Act says the federal government must pay these costs for incarceration. Reimbursement by the federal government of costs to the state of Arizona total about $121 million.

Attorney General decided not to challenge Governor Symington in the Republican primary. He said that Governor Symington's odds for reelection were greatly improved and found no reason to run for governor.

The Resolution Trust Corporation and Governor Symington reached a civil settlement on the $210 million lawsuit. Under the terms of the settlement, Governor Symington did not accept any of the blame and did not have to pay any damages. Former U.S. Attorney Melvin McDonald said that for other reasons the settlement is good news for Governor Symington. He said that this .settlement-~s "the-best-evidence I have seen" that there probably will not be a case on other more serious charges.

Former Phoenix Mayor Paul Johnson received the endorsement of Paul Tsongas, who said that he was breaking a personal rule against endorsing in primaries. ·

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The latest Rocky Mountain Poll conducted in early April had Governor Symington beating former Reagan Administration official Barbara Barrett by more than 2 to 1 (+/- 6.9°/o margin of error). In the Democratic primary Goddard led his nearest competitor Johnson by 12 points(+/- 7.4% margin of error). In the only general election match up, Goddard held a 9 point lead over Governor Symington with 17% undecided. (No margin of error listed for this last poll).

!992 Presidential Vote Bush (R) 572,086 (38%) Clinton (D) 543,050 (37%) Perot (I) 353,741 (24%) Total 1,468,877 Gubernatorial Election Results 1991 runoff Fife Symington, ID (R) 492,569 (52%) Teny Goddard (D) 448,168 (48%) Total 940,737

1990 gen. Fife Symington, ID (R) 523,964 (500/o) Teny Goddard (D) 519,653 (500/o) Total 1,043,617

NEW POLLING INFORMATION

ROCKY MOUNTAIN POLL BY THE BERAVIOR RESEARCH CENTER OF AZ APRIL 9 - 12, 1994:

REPUBUCAN REGISTERED VOTERS (N=205 REGISTERED REPUBUCAN VOTERS MARGIN OF ERROR +/- 6.9%):

2WAYGOPPRIMARY NOW 3-WAY GOP PRIMARY NOW 1/94 Symington 45% Symington 39% 44% Barrett 22% Barrett 18% 5% Undecided 33% Woods 16% 20% Undecided 27% 31%

DEMOCRA11C REGISTERED VOTERS(N=JBO RV +I-MARGIN OF ERROR 7.4%):

DEM PRIMARY NOW 1/94 GENERAL MATCHUPS Goddard 34% 36% Goddard 46% Goddard 41% Johnson 22% 15% Symington 37% Barrett 30% Basha 17% 17% Undecided 17% Undec. 29% Undecided 27% 32%

Page 63 of 101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

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September 22, 1994

TO: SENATOR DOLE

FROM: MARCIE ADLER

RE: PHOENIX, ARIZONA ATTENDING THE SYMINGTON RECEPTION & DINNER

OFFICERS OF SWIFT TRANSPORTATION, A MAJOR LONG-DISTANCE TRUCKING COMPANY HEADQUARTERED IN PHOENIX, ARE LONG-TIME SUPPORTERS OF SYMINGTON AND HAVE PURCHASED 3 TABLES FOR THE DINNER.

THE COMPANY HAS A MAJOR CONTRACT WITH PAYLESS CASHWAY IN TOPEKA AND WILL BE OPENING A NEW TERMINAL IN WYANDOTTE COUNTY, EITHER EDWARDSVILLE OR KCK - THEIR 17TH. THIS MEANS 700 NEW JOBS FOR KANSAS, INCLUDING RELOCATING WORKERS FROM A ST. JOSEPH, MO, COMPANY THEY BOUGHT.

INVITATION TO VISIT THEIR PHOENIX TERMINAL

DAVE BERRY, VICE PRESIDENT, HAS INVITED YOU TO TOUR THEIR OPERATIONS CENTER, MANNED BY 100 EMPLOYEES.

BRIAN BERRY, OUR FIELD REPRESENTATIVE, ADVISES THAT TIME IS TIGHT THIS TIME, BUT THAT HE'D LIKE TO SCHEDULE A STOP AT SWIFT DURING A FUTURE VISIT AND WILL REVIEW INFORMATION BEING PROVIDED BY DAVE BERRY.

AMONG THOSE ATTENDING RECEPTION & DINNER, AS REPORTED BY DAVE BERRY:

DAVE BERRY, SWIFT VICE PRESIDENT LYNN MARINO, HIS SISTER-IN-LAW WHO RAVES ABOUT YOU BOB FANNIN, ATTORNEY, FATHER OF THE LATE GOVERNOR & SENATOR

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6:45 pm- ATTEND/SPEAK Fundraising Dinner for Governor Fife Symington 7:30 pm Location: Regency Ballroom Attendance: 700@ $300 per person Event runs: 6:45 - 9:00 pm Press: Closed Facility: No headtable, podium and mic Format: 6:50 pm John Greene gives Pledge of Allegiance 6:53 pm Speaker Mark Killian, House Speaker, gives Invocation 6:55 pm Governor Symington introduces Senator Dole 7:00 pm Senator Dole gives remarks Dinner is served after Senator Dole leaves Contact: Chuck Coughlin 602/222-8855

Page 66 of 101 SENT BY:HYATT REGENCY PHOENIXThis document 9-23-94 is from the collections11 :45 at the Dole Archives,XEROX University 7033-o of Kansas 313162648446;# 3/ 4 http://dolearchives.ku.edu

FUND-RAISING.DINNER WITH GOVERNOR FIFE SYMINGTON

Friday, September 23, 1994

6:AS p.m. to 7:30 p , m. Phoiimi x, AZ. PURPOSE:

To attend and address a fund-raising dinner for Gov_ Fife Symington.

BACKGROUND:

This fund-raising dinner C$300 a person) is d~signed to highlight the accomplishMents of Gov. SyMington_

Symington is being challenged by tddie Basha

Symington will frame the el~ction on what he 1 s done for the s~ate. His campaign theme i5 -- ''Promises made, pronaise$ kept.. •'

POINTS TO AVOID:

* The crime bill. Rep. Jon Kyl will be in attendance. POINTS TO STRESS:

* Gov_ Sy•ington has done what others have only talked about. He cut taxes, cracked do~n on violent criMe, reformed education, and created a bet~er climate for Ari~ona business. He's the best Governor in the United State$.

* Ari2ona is rated an "A" for job creation with 184,000 ne~ jobs in 3 years.

* When he led the charge on reducing taxes --- some Sl .7 billion --- it helped turn the Artzon~ economy around. Now. others are following Fife Symington by cutting laxes in t.hei r st.at.e.

* Sy~ington's "no parole" law for criminals has made Arizona's streets safer.

* Fif@ SyMington has prepared his state•s children for the future by supporting a revolutionary education reform initiative ~hich created a new charter school systeM . This legislation just went into effect last week. It will p~epa~e ~he next generation for a more con.peti~ive world . Page 67 of 101 SENT BY :HYATT REGENCY PHOEThisN documentIX 9-23-94 is from the collections11 :46 at the Dole Archives,XEROX University 7033 of Kansas-4 3131 62648446 ;# 4/ 4 http://dolearchives.ku.edu

POLITICAL ENVIRONMENT: * The re-count in the Democratic primary election continues . News accounts say it may be October until a winner ia declared _ Rep . currently leads by l32 votes over Richard M~honey. The d~lay h~lps Jon Kyl, who continues to campaign across the state _ CoppersMith is still campaigning, but is not as effective since he ' s still involved in the r~-count .

* The Arizona GOP ha~ a good chance to win the 1st district open sea~ of Sam Ccppers~ith (GOP opponent is >; the 6th district seat of CGOP opponent is J . D. Hayworth>; and retain the seat of Jon Kyl

* Interior Secre~ary is in Arizona to address the National Conference of Editorial Wril~rs_ H~ announced his opposition to state proposition 300, which would protect. private pl'opert.y rights . had earlier opposed the initiative, but now favors the proposition, which is also 5upport.ed by Gov . Symington "

* Sen . Kyl continues ~a get flack for his vote in favo~ of the crime bill.

KEY ATTENDEES: * Governor Symington * Ann SyMington * 9ob Fannin- Finance chairman for Symi ngton •94 * State Pa~ty Chairman Dodie Landen * Hon . John Greene - Senate P~esident * Cong . Jon Kyl * Cong . Jim Kolbe * Phil Oion- President of Del Webb industries * Rep . Mark Killian- House Speaker * Mac Magruder- McDonald's franthisee * Tom McClain- Pre$ident of Miss Karen •s Yogurt

Page 68 of 101 s =P-22-1994 12:45 FROM TO 1202408S11? This document is from the collections at the Dole Archives, University of Kansas P .02 http://dolearchives.ku.edu 9! c (__

Agribusinms Table: r z__ ~ 1 s- \0'

Allied Signal IabJe;

America West Table:

Franke, Bill • (+guest) Meyers, Mony *(+guest)

APS Table:

DeMichele, Barbara Denman, Jo Ann Denman, John Loftin,, Nancy Othon, Art Othon, Lorraine Shultz, Ltnda Shultz. Marty Stewart, Catherine

ARMA Table:

Landreth, Dave

AZ Banken' Table (Gordon Murvhy Table):

Baird, Hon. Ernie Isbell, George Lewis, John Murphy, Gordon* Thompson, Alan

AZ Cotton Grower's Association:

Table sold (9/12/94)

AZ Society of CPAs Table: Completed 9120194

Page 69 of 101 SEP-22-1994 12:46 FROM TO 12024085117 P.03 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

Cheatam, Leigh Daggett, Michael Henry, Barbara Henry, Jack Holland, Doug Hubiak, Cindie Julian, Gary I ones, Robert Ozer, Hope Ozer, Jay

Bank One Table:

Ken Bentson Table:

Bentson, Ken Mardian, Lu<.ly Mardian, Sam

Biddulph Table: Conplctcd 9/16/94

Baker, Paul Biddulph, Dean Biddulph, Kemp nan.man, Jim Katsenes, John * Katsenes, Mary * Lavidge, Bill Lavidge, Julie t.ipangler, Jean Spangler.Scott

Blue Cross/Blue Shield Table:

Brmn & Baio Table;

Bai~Lois Bain, Randall

Page 70 of 101 SEP-22-199,1 12: '16 FROM This document is from the collections at the Dole Archives, UniversityTO of Kansas1202~085117 P . 0 ~ http://dolearchives.ku.edu

Ballinger, Ed Brov.'Il, Jack Cooledge, Richard Phtct'nti, Frank Richardson, Joe Scarborough. Larry Theobald, Scott Van Cort, Charles

Robert Burns Table:

Cattlemen's Table 1;

Armer, Mrs. Au.ue1, ·wd.!l y Klinker, Jim O'Brien. Bill(+ guest) Parsons, Joe(+ guest) Sedgewick, Cabot ( 2 seats available for legislator:>)

Cattlemen's T,ablc 2j

Aja, Bas Aja, cnrn Clifton,. Phil ClillUlJ, MJ. s. Jelks7 Mrs. I elks) Rukin Metzger, Jack(+ guest) Perry. Bill ( l seat available for legislator)

Ham Cavanagh/Norm Miller Table: Completed 9120/911

Cross, Don Forrister, Jan

Lluder 1 David Miller, Carol

Page 71 of 101 SEP-22-199-1 12: '17 FROM TO 1202-1 085117 P.05 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

!v.liller, Nonn Rose, Scott Rose, Deborah Vis~r, Johanna(+ guest)

Ham Cavanagh Table 2:

Carnahan, Lillian Carnahan, MicMel Cavanagh. Gen Cavanagh. Harry

Circle K Table:

9 seats paid fur (9/9/94)

Clui:tonNieh TabJe:

Anderson: Bob Anderson, Sydney Cluxton. F.arley Cluxton, Mrs. Harley Knight, C. Dennis Knight, Margot Vieb, Jackie* Wilson, Hack Wilson, Marguerite

Skip Corley Table:

Jeff CoyilJ Table:

Babaoff, Kam Covill Ann Covill, Hruce• Covill. Elliot Covi ll, Jeff Hcrshmon, Carolyn

Page 72 of 101 SEP-22-1994 12:4'7 FROM TO 12024085117 P.06 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

Karabat.sos, Elizabeth Karabatsos, Maurine Waltz, Kurt Williwns, Chi!.rlie

Marls Diogyrdi Table:

De:Muro, Gene DeMuro, Joane Dioguardi, Mark Korman. Dorothy Kyle, Cyndi Kyl~, Hvn. Ri~u Olson, Sandra

Ted Dejtricb Table 1;

Ted Deitrich Table 2:

DeJ Webb Com. Table: table sol

Dion.Patty Dion, Phil Gleaso~ Betty Lou Gleason, Jack Jones, Kathy Jones, Rob Roach, Chuck Roach, Ellen Wren, Ed Wre:n, Lisa

KexilLDeMenna Table: (Seat table 1 & Zand CPAs and Grand Canyon table all next to each other~ all Ki::vin'8) table sold (9/9/94)

Barton, Craig Burns, Denise Bums, Mary J ant: Cochran, Larry

TOTAL P.06 Page 73 of 101 1202~08511 7 P . 01 SEP-22- 199 -'! 12: ,19This documentFPot1 is from the collections at the Dole Archives, UniversityTO of Kansas http://dolearchives.ku.edu

DeMenna, Kevin DeMenna, Melissa Philips, Gary Shadegg, John Stephan, Clarke Townsend, Steve

Kevin D£Mcnna Table l:

Groscost. Dana Groscost, Hon. Jeff Louis, Anke Louis, Dill Louis, Jackie Pawlowski, Stacey Rose, Jason

Charlie Duolao Table:

Esmor Tabb~;, table sold (9fl3/94)

Hagley, Fred

O'Kecfe1 rim Landry, Larry Lewis, sam (+ guest) King, Ned King, Mrs. Ned Moran, Ke"iu Rau, Russell Staley, Dick

}'ennemore Craig Table:

Hurk, Pat Derg, Timothy Crockett, Nan Crockett, Webb Green,. Karen Green, Mike Pre~Luu

Page 74 of 101 SEP-22- 1994 12: 49 FP.OM This document is from the collections at the Dole Archives, UniversityTO of Kansas 12024085117 P.02 http://dolearchives.ku.edu

G?llggher & Kennedy Tabb~:

Boatman, Priscilla Boatman, Robert Brodman, Robert Grogan, Jim Grogan, Mary Jo Hartley, Matthew fahikawa, Brinn Ishikawa, Nancy Lundin, John O'Malley, Thomas

Sura Goertzen Ta hlci

Adelso~ Julie * Adelson, Tom* Bare, Mark Brandenburg, ~orge * Dial, Pat* Goertzen, Sara Marsh. Debbie * Marsh, Jim* Sepu.h~ Martin "' Tryhus, Greg * Tryhus, Sally *

G-TECB Table:

Bill Gosnell Table:

Blake, .1Jill Coppola, Craig Gosnell, Bill Lowe, Allen Marreel, Jerry Watkin3, Jim

GoYetnor's Table:

Dole, Hon. Bob Gramm. Hon. Phil

TOTAL Page 75 of P.02101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

Page 76 of 101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

l\1El\'IORANDUM September 21 , 1994

To: Senator Dole

From: Richard McBride

Re: Arizona Brjcfini

REPUBLICAN: DEMOCRATS: CongrtSsman Jon Kyl Congressman Sam Coppersmith Dick Mahoney, S1.1cri:tary of State

OVERVTF.W

• Ex-Senator Barry Goldwater is Kyl's honorary campaign chainnan and has held fundraisers for Kyl at his home. However, Susan Goldwater, Barry's wife, and Joanne Goldwater, Barry's eldest daughter, signed a fundraising letter in June for Rep. Sam Coppersmith. They support Coppersmith's pro-choice policy. Kyl's campaign did not seem to mind sharing the Goldwater family "as long as they get custody of Barry Goldwater."

• The Arizona campaigns have surroglltes in the United Statc3 Senate. Kyl i5 being supported by Sen. McCain while Sen. DeConcini is backing Coppersmith. Jn July, when Kyl criticized the Clinton administration for their efforts to curb illegal immigration. DeConcini not only defended Clinton's efforts, he accused Kyl nf political posturing and attacked Kyl for not supporting previous bills that contained funding for border protection. McCain sent DeConcini a lelltf urging "11 Lruce on negative partisan attacks." Robert Maynes, DeConcini's spokesman. suggested it was too late for a truce.

• On the first vote of the crime bill, Kyl and Coppersmith voted the party line. After the vole, Cuppa:nmith attacked Kyl by saying "[Kyl] is someone who would rather complain. wring his hands and take partisan political shots •• basically do nothing while our crime problems escalate." Kyl did not support the first bill citing the 11nneces~ry spending as a reason but also said that he thought that the bill was being renegotiated.

On the second vote, both Kyl and Coppersmith voted for the crime bill . Kyl called the second vote "a result of bipartisan efforts.,, In response to Kyl' s comment,

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Arizona Rep11blic 's Chc~ire wrote, "If this is whlll wmc:s uflm:11k.ing gridlock, by all means let us return to good old robust partisanship." (8/28)

• Tn August Arizona State Senator Peter Goudinoff (D) began selling bumper stickers that said "Seig Kyl" (Goudinoff misspelled ''sieg,'). Goudinoff said the purpose for these bumper stickers was to reveal Kyl's right-wing philosophy. Kyl and the Arizona Anti-Defamation League were very shocked and offended. These are some . i editorials from around the state: "Heap scorn on Peter Guodinoff: if you will, but rlnn't hegmdge him his right to express himself' (Arizona Republic, 8/19), "[Goudinoft] is entitled to his opinions. but this one went too far and hurt too deeply" (Ariz.vna Duily Stur, 8/16), "[Goudinoft] has gone too far this time" (Tucson Citizen, 8/19).

• Coppenmith is not only promoting help in this election &om Pres:ident Clinton, he is attacking the other Democrat candidates who are trying to distance themselves from C:linrnn . "They don't want to stand with our president. They feel he may not be popular right now, that he may hurt their campaign. Well that's wrong." However, Coppenmith rejects partisan labels. Coppersmith is trying to appeal to Democrats and Independents.

• The September 13 l'rimary was indecisive tor the Democrats. After the final tally of ballots, Coppersmith is the apparent winner over Secretary of State Dick Mahone.y by 123 votes. However, Arizona law requires a recount if the difference in votes is I/IO of 1%, or 200 votes. Mahoney contends that there are "600 to 700 ballols lhal have been disqualified improperly and should be counted." The majority of those ballots are in rural areas where Mahoney did best. Both Coppenmith and Mahoney are claiming victory and the outcome is not expected to he known until the end of September. Cindy Resnick and Dave Moss conceded. Regardless of the outcome, each has pledged to work for the winner. Al far as Steve Owecis, AJi:wna Dc:rnucntt Chairman, is concerned, Coppenmith is the nominee.

POLLING INFORMATION

Political Media Research (9/J..7/94) BALLOT ~ 3~ ~ M% Mahoney 34 Coppersmith 32

Frederick/Schneiden (May/94) BALLOT Kyl 46% Coppersmith 34

Page 78 of 101 •. -.•. - - • • · J.. •. - ~ ·· .'.··•··•"•· ~....._ . ,;...;,. 1 ..._.. i. ••'• ~· •.., . _.....,._.. •• , •, , ., .. •.{T . 1 J: .·l. .. · This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

Fl.NANCJ AL INFORMA Tl ON

.. , , ' (;an(rni~t~ < Raised.3/24 Spent 8124 PACS 3rd Quarter COH8/24 Debt ..Kyl ' ,, $3,233;801 $1.686.852 $623,844 $349,406 $1,546,456 $11,lR~ Copp~rsrtilth $954,799 $286,959 $198,951 $170,596 $374,202 $25,000 .. ¥ahoney $'154 040 $27.1,443 $0 $53,63~ $182,595 $0 ' .

Page 79 of 101 02=31Pt1 SEP 22 '54 This document is from the collections at the Dole Archives, University of Kansas P.2,. 2 http://dolearchives.ku.edu.. VV'V'\"J 0

Magnate stuns foes in Arizona race In upset, Basha wins Democratic gubernatorial nomination declaring himself the winner. · ..USOCloted Prus Fife Symington, who coasted to vic- not going to declare viC· PHOENIX - A supermarket mag· tory over lawyer Barbara Barrett, "We're get some third-party nate and seU-described "bleeding 68 percent to 32 percent, despite tory until we · confirmation, but we feel very heart capitalist" captured Ari7.ona's legal and personal problems that his spokeswoman. Democratic gubernatorial nomina- have plagued his administration. good," said winner will face four-term , tion Wednesday in an upset over The Democratic primary for the The Jon Kyl, who ran unopposed ' t wo former Phoenix mayors. Senate was still too close to call. Rep. . Eddie Basha, chairman of his Rep. Sam Coppersmith held a nar- for the GOP nomination ended up With 37 per· family's statewide Sasha's super- row lead over Secretary of State Mr. Basha of the vote to 35 percent for market chain, defeated Terry God· Dick Mahoney, with several thou- cent and 28 percent for Mr. · dard and Paul Johnson in a cliff- sand absentee and questionable bal· Mr. Goddard who had been cousldered hanger that wasn't decided until lots uncounted. Johnson, early on the morning after the pri- Mr. Coppersmith, the chosen suc- the front-runners. won all but one of the mary. cessor of retiring Democratic Sen. Mr. Basha on. Page 32A. He will face Republican Gov. Dennis DeConcin1, stopped short of Please see MAGNATE

:Magnate wins nom1nat1on• • ,Coatinuecl from Piie l7A. joked as returns from rural COUll• · Mr. Symington was a defendant counties and fin· .state's 13 rural ties pushed him into the lead. in a federal lawsuit accusing him of in each of the ,ished a strong second Mr. Basha, i:n appointed member misusing his position as a director partic~arly : ur~an, counties. He did of a state higher education board of a now-defunct savi~ and loan. three counties that cover well ·in whose face was familiar to voter~ He settled the lawswt without ad· where his stores :the Navajo Nation, through his company's commer· mitting any wrongdoµig or paying :•re tlie only sonrce of staples for cials, had portrayed himself as a any money. . some communities champion of families, calling for· His personal financial dealings over until the chubby . ' 'It's not more spending on education and are under investigation by 8 grand grocer goes to sleep," Mr. Basha children's programs. jury.

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HOTLINE 9/21/94 ARIZONA REPUBLIC: "Give ... Clinton credit for a commendable flip-flop this time on Haiti" (9/20).

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HOTLINE 9/19/94 *1 ARIZONA : KYL GAINS UPPER HAND AS DEMS AWAIT RECOUNT As Rep. Sam Coppersmith (D-01) "declared victory," Sec/State Dick Mahoney (D) said "he's confident that he's the winner." ARIZONA REPUBLIC'S Van Der Werf: "Neither is right, at least not yet. The election was so close -- Coppersmith is the apparent winner by 123 votes -- that there will be a recount. The outcome will probably not be known until the end of September. In the meantime, Arizona may be i n for the specter o f two Democratic candidates raising money and campaigning across the state, acting as the party's nominee." Coppersmith gave "what amounted to a stump speech" in which he "bashed" Rep. Jon Kyl (R-04). Mahoney said that if Coppersmith is declared t he winner, he will work for him. However , Mahoney also said he is "convinced that there are 600 to 700 ballots that have been disqualified improperly and should be counted." Most of those ballots are in rural counties, where Mahoney did best. Kyl spokesperson Scott Celley said Kyl is "watching the process with amusement": "If the [Democratic party does not wish to put forward a nominee in this election, it is perfectly OK with us" (9/17). HOW IT PLAYS: PHOENIX GAZETTE'S Murphy: "The prospect of at least two more weeks of Coppersmith-Mahoney bickering is a nightmare for Democrats, who had hoped to focus their energies on the GOP nominee." AZ Dem Chair Steve Owens: "From our perspective, Coppersmith is the nominee" (9/17). REPUBLIC's Willey on Kyl's "advantage": "Not only does he have a head start in the general-election race , but he also will be better funded than either Coppersmith or Mahoney .... Whatever 'Big Mo' the Democrats hoped to get out of a feisty Senate primary has already been lost" (9/18).

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HOTLINE 9/14/94 *1 ARIZONA: DEM SENATE, GOV RACES PHOTO-FINISH SENATE: In the Dem primary, frosh Rep. Sam Coppersmith (D- 01) narrowly leads Sec/State , with state Sen. Cindy Resnick and Dave Moss trailing. Rep. Jon Kyl (R-04) was unopposed in the GOP primary. Sen. Dennis DeConcini (D) is retiring. Results with 99% reporting (AP, 9/14): DEM PRIMARY Coppersmith 81,043 32% Mahoney 80,274 32 Resnick 75,227 30 Moss 15,777 6

GOVERNOR: Gov. Fife Symington (R) won renomination over ex- Reagan admin. official Barbara Barrett (R). In the Dem primary, supermarket magnate Eddie Basha holds a slight lead over ex- Phoenix Mayor/'90 nominee Terry Goddard; finishing third was another ex-Phoenix Mayor, Paul Johnson. Results with 99% reporting (AP, 9/14): DEM PRIMARY GOP PRIMARY Basha 95,868 37% Symington 197,479 68% Goddard 91,707 35 Barrett 92,260 32 Johnson 73,072 28

HOUSE: AZ 01: Frosh Rep. Sam Coppersmith (D) is running for the Senate. State Sen. Matt Salmon won the GOP nod over TV cable lobbyist Susan Bitter Smith, atty Linda Rawles, state Sen. Bev Hermon and realtor Bert Tollefson. State Sen. Chuck Blanchard (D) was unopposed. Results with 100% reporting (AP, 9/14) GOP PRIMARY Salmon 19,704 39% Bitter Smith 11,288 22 Rawles 9,495 19 Hermon 7,982 16 Tollefson 2,098 4

AZ 04: Rep. Jon Kyl (R) is running for the Senate. Ex-Asst AG won the GOP primary over ex-state Rep. , Maricopa Co. Supervisor Jim Bruner and Joan Jugloff. Atty Carol Cure (D) was unopposed. Results with 100% reporting (AP, 9/14): GOP PRIMARY Shadegg 25,956 43% Franks 18,161 30 Bruner 12,409 21 Juglof f 3,597 6

AZ 06: Frosh Rep. Karan English (D) will face sportscaster

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J.D. Hayworth (R), who won the GOP primary over state Rep. Dave Schweikert, Gary Husk, atty David Smith and ex-McCain aide Ramona Liston. Results with 90% reporting (AP, 9/14):

GOP PRIMARY Hayworth 19,596 46% Schweikert 8,877 21 Husk 5,995 14 Smith 4,563 11 Liston 3,894 9

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(.;.) 0 0

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September 22, 1994

TO: Senator Dole

FROM: Mike Torrey SUBJECT: Arizona update

PROPOSITION 300 ... A few years ago, the Governor signed into law a private property rights bill which required the state agencies to conduct takings impact assessments when promulgating regulations. The environmentalist objected to this legislation and have placed this issue on the ballot. A vote for proposition 300 is a vote for private property rights. Senator McCain is a supporter of private property rights but has not said much on this issue.

COLORADO RIVER ... The Colorado River Compact of 1922 allocated 7.5 million acre-feet (maf) of Colorado River water annually to the three lower basin states. California is entitled to 4.4 maf, Arizona 2.8 maf, and .3 maf.

At current growth rates, Nevada expects to exhaust its Colorado River allocation before 2010. Consequently, Nevada officials are seeking additional water supplies. Southern California's growing urban population also needs additional water. Meanwhile, Arizona does not expect to fully utilize its Colorado River supply until about 2035. As a result, both California and Nevada are trying to gain access to part of Arizona's unused apportionment. The states are trying to resolve this matter between themselves with some assistance from the Department of Interior. Senator McCain has supported allowing the states to resolve this problem without Congressional intervention.

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September 22, 1994

MEMORANDUM

TO: SENATOR DOLE

FROM: NINAOVIED,

SUBJECT: ARIZONA -- TAXES & GOVERNOR SYMINGTON

Governor Symington has pledged to eliminate personal income taxes. Apparently the revenues will be made up by "growing business" in Arizona (lowering taxes has more people and businesses moving into the state and therefore more jobs, growth, etc).

• State personal income taxes are "regional/local" issues and not a federal item.

• Currently, 9 states do not have a broad based income tax:

Alaska Tennessee

Florida Texas

Nevada Washington

New Hampshire Wyoming

South Dakota

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TRIP BOOK

GOVERNOR SYMINGTON AND EDUCATION ISSUES

Governor Symington has aggressively sought to reform education in his state. You may recall that the Arizona State Legislature almost passed a school "choice" bill earlier this year and that you had sent letters of support to state legislators. This bill would have provided parents with vouchers to send their children to the schools of their choice. It fell only a few votes short of passing.

In contrast, Governor Symington's opponent thinks more money will leverage education improvements.

CHARTER SCHOOLS On another front, Governor Symington has established Charter Schools. These are !1fil! public schools that are created from the ground up by parents, teachers and community groups. The idea behind them is that they will have greater independence than traditional public schools and thereby be more responsive to local needs. As a result, Charter Schools are quickly becoming one of the most popular reform tools nationwide.

I should note, however, that Charter Schools are weaker than the school "choice" concept for two important reasons. o A Charter School does not give parents the same range of educational options as school choice. A Charter School only gives a parent one choice or one school, while a "choice" program is only limited by the number of schools in a community. o Choice Programs create educational excellence by forcing schools to compete against each other for students. Charter Schools do not compete with anyone and thereby do not have the same pressure to improve academics.

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September 22, 1994

ARIZONA--CRIME

1. Attached is a letter by Governor Fife Symington that lists three examples of how the federal government hinders state law enforcement efforts: a) federal prison cap orders, 2) federal habeas corpus rules, and 3) the exclusionary rule. The crime bill, as passed, addresses none of these issues.

2. The Arizona state prison system is under federal court supervision. For example, federal judges tell Arizona state prison officials the types of publications and typewriters they must buy for prisoners and the number of law clerks they must hire for the state's prison law libraries.

3. Last January, Governor Symington tried to prohibit the distribution of pornographic materials in the state's prison system. An LBJ-appointed federal judge named Carl Muecke (pronounced "Mickey") intervened, arguing that the pornography ban violated the First Amendment rights of state prisoners. The case is still in litigation. Muecke has been heavily involved in regulating the Arizona state prison system.

4. Last year, Gov. Symington successfully spearheaded the effort to abolish parole and establish truth-in-sentencing. Effective January 1, 1994, all offenders--including non-violent offenders--must serve at least 85% of their prison sentences. The State Parole Board is now called the Board of Executive Clemency.

D. Shea

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STATE OF ARIZONA EXECUTIVE OFFICE

FIFE SYMINGTON Governor

15 August 1994

The Honorable Bob Dole Uititcd States Se11ate SH-141 Hart Senate Office Building Washington, D.C. 20510

Dear Bob:

As a governor who has spent much of his energies confronting crime at the state level, I am writing you with several proposals for Congress to consider including in any crime legislation to be passed this year.

In the United States there is a great disconnect between the public will about crime (which is fairly characterized as strong for swift, certain and just punishment) and the public policy (which is best characterized as wavering toward punishment and fairly consistent toward social programs based on wealth transfers). That disconnect occurs in the courts, which by design are the least democratic branch of government.

My proposals for Congressional action against crime therefore involve the Article I power of the legislative branch to limit the subject matter jurisdiction of the federal courts.

First, remove federal court jurisdiction over state prism., systems. Across America, federal district judges have essentially seized control of state prison systems. They have handed down long lists of judicial mandates (all unfunded, of I course) regarding prison conditions and operations. The effect of these mandates -- issued under purported reach of the Eighth and Fourteenth Amendments to the U.S. Constitution -- is to drive the costs of building and operating state prisons to astonishing heights. The further effect has been gradually to create prison systems which look nothing like what the public would prefer. Instead of punishment and labor, American prisons tend to feature idleness and ease. The American people are not cruel or inhumane. Give them back their prison systems.

1700 WEST WASHINGTON. PHOENIX, ARIZONA 85007 • (602) 542-4331

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Next, make meaningful reforms of federal habeus corpus rules or remove federal subject matter jurisdiction over state death penalty cases. The death penalty has been frustrated all over the country by federal judges whc entertain endless appeals from convicted murderers. This must end. The continuing obstruction of justice in capital cases permitted by the federal courts frustrates the public and crime victims to the point of outrage.

Finally, eliminate federal subject matter jurisdiction over evidentiary matters in state criminal prosecutions. This reform would have the good effect of allowing states to avoid operation of the "exclusionary rule," imposed upon them by the federal courts in the early 1960s. The exclusionary rule is a failed judicial artifice which has no effect bu~ to suppress relevant evidence, frustrate state felony prosecutions and antagonize the victims of crime, who cannot understand why the courts would be in the business of hiding the truth from juries. By it's very nature, the exclusionary rule protects only the guilty. It should be eliminated by those states which wish to do so and replaced with administrative and civil sanctions against police who violate t.hE: civil rights of citizens.

I am confident that these reforms, all within the easy grasp of Congress, would do far more to advance the cause of justice than the provisions in the current federal crime bill. While a "war on crime" is the often-stated policy of public bodies, a war on criminals is a wiser and more precise objective for our nation to adopt. Please use your influence to advance these policy goals in Washington.

Sincerely,

Fife Symington GOVERNOR

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'1EWS U.S. SENATOR FOR KANSAS FROM: SENATE REPUBLICAN LEADER

FOR IMMEDIATE RELEASE Contact: Clarkson Hine Tuesday, September 13, 1994 (202) 224-5358 REPUBLICAN CRIME BILL DOLE INTRODUCES "CRIME CONTROL IMPROVEMENT ACT": EFFORT TO STRIP PORK, BEEF UP PENALTIES IN JUST-SIGNED BILL

Instead of signing the so-called crime bill, President Clinton should have used today's White House ceremony to send the bill back to Congress marked with four simple letters: V.E.T.O. Veto. • . '. The President should hate told Congress to cut out the billions and billions of dollars in wasteful social spending, toughen up the penalties, and send him a new-and-improved crime bill that matches his own tough-on-crime rhetoric. Republican Tough-On-Crime Measures And that's exactly what Senate Republicans tried to do last month, when we were ready to offer a series of ten amendments ... all designed to improve the crime bill by stripping -...- out the pork and toughening up the weakest parts of the watered- down conference report. Republicans tried to save the taxpayers nearly $5 billion by cutting such phony "crime-fighting" measures as the Local Partnership Act, the Model Intensive Grants Program, the National Community Economic Partnership ... even something called the "Ounce of Prevention" Program, which in reality is not an ounce, but a multi-million dollar ton of pure, unadulterated pork-barrel spending. Republicans sought to establish mandatory minimum penalties for those vicious cr~minals who use a gun in the commission of a crime and who sell illegal drugs to children.• Republicans tried to ensure the swift deportation of illegal aliens.who have committed violent crimes while in the United States. Republicans attempted to tighten up the crime bill's prison language so that funds will be used to build "brick and mortar" prison cells, rather than warm-and-fuzzy prison "alternatives" such as "half-way houses" and "juvenile detention centers." Believe it or not, there's no guarantee that one dime of the crime bill's $30 billion will be used to build a single prison cell. And, last month, Republicans sought to ensure that first- time violent off enders are kept behind bars by encouraging states to adopt real, meaningful truth-in-sentencing reform. Although a fulL_two weeks have elapsed since the Senate's passage of the conference report and today's signing ceremony, Republicans were nonetheless blocked--shut out--f rom using just several hours to debate our ten amendments, toughen up the crime bill in the process, and potentially save the taxpayers nearly $5 billion. So-Called Crime Bill: Expensive Lesson for Americans So, today's signing ceremony may be a legislative victory Page 95 of 101 for President Clinton, but it's a very expensive lesson for the American oeoole. mon~n, wnen we were reaay ~o OIIer a series oI ~en amendments ... all designed to improve the crime bill by stripping out the pork and tougheningThis document is from up the collectionsthe weakest at the Dole Archives, parts University of ofthe Kansas watered- down conference report. http://dolearchives.ku.edu Republicans tried to save the taxpayers nearly $5 billion by cutting such phony "crime-fighting" measures as the Local Partnership Act, the Model Intensive Grants Program, the National Community Economic Partnership ... even something called the "Ounce of Prevention" Program, which in reality is not an ounce, but a multi-million dollar ton of pure, unadulterated pork-barrel spending. Republicans sought to establish mandatory minimum penalties for those vicious cr~minals who use a gun in the commission of a crime and who sell illegal drugs to children.• Republicans trie~ to ensure the swift deportation of illegal aliens .who have committed violent crimes while in the United States. Republicans attempted to tighten up the crime bill's prison language so that funds will be used to build "brick and mortar" prison cells, rather than warm-and-fuzzy prison "alternatives" such as "half-way houses" and "juvenile detention centers." Believe it or not, there's no guarantee that one dime of the crime bill's $30 billion will be used to build a single prison cell. And, last month, Republicans sought to ensure that first- time violent off enders are kept behind bars by encouraging states to adopt real, meaningful truth-in-sentencing reform. Although a fulL_two weeks have elapsed since the Senate's passage of the conference report and today's signing ceremony, Republicans were nonetheless blocked--shut out--from using just several hours to debate our ten amendments, toughen up the crime bill in the process, and potentially save the taxpayers nearly $5 billion. So-Called Crime Bill: Expensive Lesson for Americans So, today's signing ceremony may be a legislative victory for President Clinton, but it's a very expensive lesson for the American people. The American people aren't dumb. They know that the crime bill is more hype than tough-on-crime substance. They know that it fully funds only 20,000 new police officers, not the 100,000 claimed by the administration. And the American.people understand that the most effective way to prevent crime is not with the pork-barrel, but with the prison cell. Although Senate Republicans came up a bit short last month, this temporary set-back doesn't mean we've given up. On the contrary: Republicans will continue to push ahead--with greater effort and with even greater resolve--until the American people

(more)

Page 96 of 101 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu get the kind of tough, no-nonsense, crime-fighting plan they deserve ... and one that is 100% fat free. Crime Control Improvement Act: Incorporates 10 GOP Provisions That's why I am introducing a bill today--the Crime Control Improvement Act--that incorporates all ten amendments proposed by Republicans during the debate last month: a $5 billion cut in wasteful social spending. Tough mandatory minimum penalties for those who use a gun while committing a crime. Tough mandatory minimums for those who peddle drugs to minors and employ minors to sell drugs. The swift deportation of criminal aliens. And real truth-in-sentencing for first-time violent offenders, not for the second-time offenders, as the crime bill now provides. The Senate should have adopted these amendments more than two weeks ago. The crime bill would have been vastly improved as a result ... and the American people wouldn't be so skeptical today of the overblown claims made by President Clinton and by the bill's most ardent supporters. No doubt about it, the Senate missed a golden opportunity by preventing Republicans from offering our amendments. But one lost opportunity doesn't mean we shouldn't keep on trying .... and that's exactly what Republicans intend to do in the weeks and months ahead.

' • ### ' * Remarks delivered on the Senate floor, approximately 2:55 PM.

JSED TEN REPUBLICAN AMENDMENTS--August 25, 1994 * Four .... .1dments striking approximately $5 billion in "social spending" from the conference report (excluding Violence against Women Act aAd funding for federal and state prison drug treatment).: -

--Amendment One: Strike Local Partnership Act Savings: $1.62 billion

--Amendment Two: Strike Model Intensive Grants

Savings: $625.5 million

--Amendment Thiee: Strike Local Crime Prevention Block Grants; Family and Community Endeavor ~chools; Community- Based Justice Grants; Urban Recreation; Assistance for Delinquent and At-Risk Youth; and Police Recruitment

Savings:• $734.5 million • ' --Amendment Four: Strike National Community Economic Partnership; Community Schools; Ounce of Prevention; Family Unity Demonstration Project; Gang Resistance Education and Training; and Drug Courts

--Savings: · $1.99 billion * Tighten prison language: --elimination.of reverter clause, thereby ensuring that funds remain allotted for truth-in-sentencing

--elimination of "correctional plan" language that. unnecessarily burdens state prison administrators Page 97 of 101 --ensure that prison funding will go to build "brick-and- mortar" prison cells, not just prison "alternatives" · -- ... u-.:»wu .J.WI AJ;T&" WiJ ...... -..--·----·--- --

This document is from the collections at the Dole Archives,$5 Universitybillion of Kansas in "social * Four L .1dments striking approximately spending" from the conferencehttp://dolearchives.ku.edu report (excluding Violence against Women Act aAd funding for fed~ral and state prison drug treatment).: --Amendment One: Strike Local Partnership Act Savings: $1.62 billion --Amendment Two: Strike Model Intensive Grants Savings: $625.5 million --Amendment Thiee: Strike Local Crime Prevention Block Grants; Family and Community Endeavor ~chools; Community- Based Justice Grants; Urban Recreation; Assistance for Delinquent and At-Risk Youth; and Police Recruitment . ' Savings:.. $734.5 million .. ' --Amendment Four: Strike National Community Economic Partnership; Community Schools; Ounce of Prevention; Family Unity Demonstration Project; Gang Resistance Education and Training; and Drug Courts --Savings: · $1.99 billion * Tighten prison language: --elimination.of reverter clause, thereby ensuring that funds remain allotted for truth-in-sentencing --elimination of "correctional plan" language that. unnecessarily burdens state prison administrators --ensure that prison funding will go to build "brick-and- mortar" prison cells, not just prison "alternatives" --truth-in-sentencing for first-time violent of fenders * Simpson amendment expediting criminal alien deportation. * Gramm/D'Amato mandatory minimum penalties for gun crimes. * Mandatory minimum" penalties for selling drugs to minors. * Mandatory minimum penalties for employing minors to sell drugs. * Drop mandatory minimum repeal. Substitute Senate-passed proposal with a requirement that federal prosecutors have a role in the decision to deviate from the mandatory minimum.

. . . . -__ .. -· . -----~- ... -- ,______

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THE CRIME CONTROL IMPROVEMENT ACT

Introduced by Senators Dole, Hatch, Thurmond, Simpson, and Grassley SECTION-BY-SECTION ANALYSIS

Section One. Short Title. The Act may be cited as the "Crime Control Improvement Act of 1994."

Section Two. Elimination of the Model Intensive Grant Program. This section strikes the $625.5 million Model Intensive grant program, contained in subtitle C of Title III of the Violent Crime Control and Law Enforcement Act of 1994. Under this program, 15 cities are hand-picked by the Administration and given complete discretion over how to spend the funding. Program funds may be spent for any purpose loosely tied to crime reduction. The Model Cities Intensive grant program was not part of the Senate-passed crime bill.

Section Three. Elimination of Local Partnership Grant Program. This section strikes the $1.62 billion "Local Partnership Act," contained in subtitle J of Title III of the Violent Crime Control and Law Enforcement Act of 1994. The Local Partnership Act was not part of the Senate-passed crime bill.

Section Four. Elimination of House-passed Social Spending. This section strikes approximately $737 million in social spending programs, contained in subtitles B, D, G, H, o, and Q of Title III of the Violent Crime Control and Law Enforcement Act of 1994. The programs eliminated by this section include the Local Crime Prevention Block Grant program, the Family and Endeavor Schools program, the Community-based Justice Grants program, the Urban Recreation program, the At-Risk Youth program, and the Police Recruitment program.

Section Five. Elimination of Senate-passed Social Spending. This section strikes over $1.9 billion in social spending programs, contained in subtitles A, D, K, S, and X of Title III and Title V of the Violent Crime Control and Law Enforcement Act of 1994. All of the programs eliminated by this section had passed the Senate as part of the Senate crime bill. However, in some instances the authorization levels for the programs were increased in conference. The programs eliminated by this section include the National Community Economic Partnership, the Community Schools program, the Ounce of Prevention program, the Family Unity Demonstration Project, the Gang Resistance Education and Training program, and the Drug Courts program.

Section Six. Prison Grants. This section amends subtitle A of Title II of the Violent Crime Control and Law Enforcement Act as follows:

* The Act currently allows prison funds to be spent on

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"to free alternative correctional facilities in order requires that prison conventional prison space." This section house violent grants be spent on conventional prisons to offenders, not on alternative facilities. which would This section removes from the Act a provision * grants on adoption have conditioned state receipt of the prison would include diversion of a comprehensive correctional plan that jobs skills programs for prisoners, and post-release programs, be used exclusively assistance. Accordingly, these grants will to build and operate prisons. prison This section also amends the Act to condition * for first-time grants on state adoption of truth-in-sentencing that states adopt violent offenders. The Act only requires offenders. truth-in-sentencing for second-time violent this section amends the Act by deleting a * Finally, grants "reverter clause" which provides that truth-in-sentencing to non-incentive that are not quickly spent will revert back removes any incentive grants. This reverter clause essentially for states to adopt truth-in-sentencing reform. for Seven. Increased Mandatory Minimum Sentences Section a mandatory Using Firearms. This section establishes Criminals who uses or penalty of 10 years' imprisonment for anyone minimum or drug trafficking carries a firearm during a crime of violence firearm is discharged, the person faces a crime. If the If death mandatory minimum penalty of 20 years' imprisonment. results, the penalty is death or life imprisonment. for Those Section Eight. Mandatory Minimum Prison Sentences This section Use Minors in Drug Trafficking Activities. who 10 years' establishes a mandatory minimum sentence of in drug trafficking imprisonment for anyone who employs a minor a sentence of mandatory activities. The section also establishes life imprisonment for a second offense. who Hine. Mandatory Minimum Sentences for Those Section a Drugs to Minors. This section establishes Sell Illegal for anyone minimum sentence of 10 years' imprisonment mandatory minor. The section years of age or older who sells drugs to a 21 imprisonment for a also establishes a sentence of mandatory life second offense. Deportation of Criminal Aliens. This section Section Ten. resident for the expedited deportation of non-permanent provides upon completion of aliens convicted of certain violent felonies also allow federal the prison sentence. The amendment would time of sentencing. judges to enter deportation orders at the is automatically Once the sentence is served, the criminal deported. Simpson, was This section, originally proposed by Senator

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included in the Senate-passed crime bill.

Section Eleven. Flexibility in Application of Mandatory Minimum Sentence Provisions in Certain Circumstances. The Senate-passed crime bill contained a narrowly circumscribed mandatory minimum reform measure that returned a small degree of discretion to the federal courts in the sentencing of truly first-time, non-violent drug offenders. To deviate from the mandatory minimum, the court would have to find that the defendant did not finance the drug sale, did not sell the drugs, and did not act as a leader or organizer.

This section restores the Senate-passed measure and also adds a section ensuring that the so-called "safety valve" will not be abused by the courts. This added improvement requires certification by federal prosecutors that the defendant cooperated with law enforcement authorities.

Section Twelve. Equitable Distribution of Discretionary Funds. This section expresses the Sense of Congress that all grants authorized under the Violent Crime Control and Law Enforcement Act of 1994 and not required to be distributed according to a formula prescribed by law shall be distributed in a fair and equitable manner that ensures that rural states receive a fair and proportional share of the funds.

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