ISSUE 5 - February 10, 2012 PRINT VERSION

Legislative Update

Today is the 33rd day of the second regular session of Arizona's 50th Legislature. If the chambers adhere to the 100-day deadline established by rule, the session is one-third over. Next Friday, February 17, is the deadline established by leadership for bills to be heard in their house of origin.
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Highway Users Revenue Fund

Representative Vic Williams (R-Tucson), chairman of the House Transportation Committee, introduced a pair of bills designed to support the application of Highway Users Revenue Fund monies for their intended use. The League thanks Chairman Williams for his leadership on this issue and supports his efforts to protect against the diversion of HURF funds away from municipalities, counties and the State Highway Fund.
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Municipal Water Assessment

The Senate Appropriations Committee gave its unanimous approval to SB 1288 (municipal water fees; repeal; appropriation) on Tuesday, February 7. The vote was 11-0, with two members not voting. The bill, sponsored by Senator Gail Griffin (R-Hereford), repeals the authority of the Arizona Department of Water Resources (ADWR) to impose an assessment on municipalities to help fund departmental operations. For the coming fiscal year, the assessment is estimated to cost cities and towns approximately $6.5 million - about half of the ADWR's annual budget. SB 1288 returns the responsibility for ADWR funding to the state's general fund. The legislation will now become part of the budget negotiation process between the Legislature and the Office of the Governor.
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Permit Self-Certification

HB 2168 (building permits; self-certification process) provides that, "on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self-certification." The bill further outlines standards for the establishment of the mandated self-certification program.
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Homeowners' Associations

On Thursday, February 9, the Senate Committee of the Whole debated and passed SB 1113 (homeowners' associations, public roadways). Sponsored by Senator Nancy Barto (R-Phoenix), this bill divests homeowners' associations (HOAs) of authority over roads that are dedicated to a governmental entity. The League opposes the measure because of the burdens it imposes on local law enforcement and financial resources. The bill will go on to be third read in the Senate.
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Heritage Fund

HCR 2047 (state parks heritage fund; restoration) unanimously passed the House Committee on Agriculture and Water on Thursday, February 9th. Sponsored by Representative Russ Jones (R-Yuma), the resolution would restore funding of the state parks heritage fund through Arizona lottery proceeds. If this legislation passes both the House and the Senate, it would be placed on the general ballot in November for the State's voters to decide its fate. Its next stop is the House Appropriations Committee.

Firearms

On Monday, February 6, the Senate Judiciary Committee heard two firearms measures. SB 1448 (misconduct involving weapons; public property), sponsored by Senator Steve Smith (R-Maricopa), provides that, unless access is controlled or restricted by the presence of a law enforcement officer or armed security guard, a person entering a public establishment or public event is not guilty of misconduct involving weapons if that person is carrying a firearm. Despite the League's opposition, the bill passed committee by a vote of 4-3.
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Municipal Financing Mechanisms

The House Ways and Means Committee addressed two bills on Monday, February 6, that would authorize the use of alternative financing mechanisms in Arizona. The first measure, HB 2445 (state capitol restoration; recapture district) authorizes the formation of a State Capitol Centennial Restoration and Economic Recapture District that uses state transaction privilege tax (TPT) revenues to benefit the district as well as the restoration of the state Capitol. The League registered its support of the measure, which was discussed and subsequently held.
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Utility notice

HB 2350 (marijuana; transfer for value; presumption) passed the House Government Committee on Tuesday, February 7, with a strike-everything amendment that would require municipalities to provide one-year notice to utilities with respect to any public works projects of at least one-half mile in length. The League opposed the measure because of the burdens it imposes on efficiency and economic development. The League, however, is working productively with industry advocates and legislative sponsors to develop an amendment that would simply require electronic publication of capital improvement plans.

Regulatory reform

The House Committee on Commerce was scheduled to consider HB 2468 (regulations; entry; public service; limitations) on Wednesday, February 8. The measure requires "agencies" to review and limit business "entry regulations" and "public service restrictions." The League is concerned that the bill could have significant unintended consequences and negative impacts on cities and towns.
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Alarm system installation

On Wednesday, February 8, the Senate Committee on Government Reform heard SB 1306 (alarm system installation; contractors; municipalities). The bill outlaws municipal regulation or licensure of alarm system installation. It further provides that municipalities in violation of the law will be penalized through a withholding of state shared revenues.
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Fireworks

The Senate Government Reform Committee considered SB 1364 (consumer fireworks; permitted regulation) on Wednesday, February 8. The bill, sponsored by Senate Majority Leader Andy Biggs (R-Gilbert), was amended and passed by the committee on a 5-2 vote. As amended, the legislation: prevents municipalities from adopting an ordinance with a penalty greater than a petty offense for a person using certain consumer fireworks; allows the imposition of fees on fireworks sellers; addresses signage issues; and restricts the sale and use of consumer fireworks in counties that have fewer than 500,000 population and large amounts of federal land (i.e., Coconino and Yavapai Counties). The bill will be next considered by the Senate Rules Committee.

Spirituous liquors

On Wednesday, February 9, the House Commerce Committee considered HB 2606 (state liquor board members; compensation). The bill was used as the vehicle for a striker amendment (liquor omnibus), which passed the committee by a vote of 6-1. Among other things, the bill as amended: limits the amount of information required to be posted in connection with a license application; reduces hearing requirements; permits the Department of Liquor to regulate walk-up service windows at liquor stores; and prohibits a city or town from increasing fees on hospitality businesses in any year by an amount greater than the increase in consumer price index the previous year.
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Independent Redistricting Commission

On Wednesday, February 8, the Senate Government Reform Committee passed two measures relating to the Independent Redistricting Commission (IRC), the voter-established body responsible for drawing legislative and congressional district boundaries. One of these bills is SB 1489 (redistricting commission; counties; cities; districts), sponsored by the committee's chairman, Senator Rick Murphy (R-Glendale). The measure extends IRC's boundary-drawing authority to county supervisor districts, municipal districts or wards, and other governmental jurisdictions. The measure next proceeds to the Senate Rules Committee.
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Budget Transparency

On Wednesday, February 8, the Senate Committee on Government Reform unanimously passed SB 1447 (municipal finance decisions; public meeting). The measure requires municipalities to hold at least one public meeting before approving a budget, bond election or alternative expenditure limitation election. The League believes that this bill is unnecessary due to existing statutory requirements. The bill now proceeds to the Senate Rules Committee.

Political Signs

SB 1200 (political signs; hazardous locations) stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The League worked closely with the bill's sponsor, Senator Sylvia Allen (R-Snowflake), who agreed to permit electronic notification to satisfy the "in writing" requirement of the bill. A floor amendment memorializing that agreement was adopted by the Committee of the Whole, which passed the bill by a voice vote. SB 1200 now proceeds to third reading in the Senate.

Legislator Profile - Representative Heather Carter

Representative Heather Carter
The late Archbishop Fulton J. Sheen once stated that the reason the Irish fight so often among themselves is that they're always assured of having a worthy opponent. With her flashing green eyes and shock-red hair, daughter of Ireland and Arizona Legislator Heather Carter is the very image of a feisty colleen who could teach an accomplished Irish street fighter a thing or two about getting the upper hand.

A winner of several political donnybrooks, Representative Carter fought her way to the top of the legislator effectiveness ratings during the first session of Arizona's fiftieth Legislature. By shepherding all four of her introduced bills through the House and Senate and successfully persuading the Governor to sign them into law, she scored a perfect 1.000 - quite an accomplishment for a freshman legislator who was, to some extent, learning her job on the run.

Representative Carter comes by her interest in politics naturally. A native of the mid-Atlantic region, she grew up just outside of Washington, D.C., where the local news is the world news and politics forms the wallpaper of everyday life. "Politics was always a part of our family's dinner conversations," the District 7 legislator recalls.
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Legislative Bulletin is published by the League of Arizona Cities and Towns.
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Issue 5 - February 10, 2012
Issue 5 - February 10, 2012
Issue 5 - February 10, 2012
Issue 5 - February 10, 2012
Issue 5 - February 10, 2012
Issue 5 - February 10, 2012