Issue 16 - April 27, 2012

Legislative update

Today is the 110th day of the second regular session of the 50th Arizona Legislature. During the past week, there emerged from the Capitol multiple reports that the ongoing budget stalemate between the Legislature and the governor had been broken. The League understands that negotiators are hammering out final details and that legislative votes on a budget package could be taken as early as next week. Unfortunately, details as to the compromise budget's contents remain unavailable and are not likely to become public until shortly before votes are called.

On Monday, April 23, the Pima County Board of Supervisors appointed attorney Nicholas Fontana (I-Tucson) to fill the Legislative District 29 seat recently vacated by former Rep. Daniel Patterson. The district includes parts of Tucson and South Tucson.

Consolidated elections

On Tuesday, April 24, the House caucuses considered HB 2826 (consolidated election dates; political subdivisions) as amended by the Senate. The sponsor of the bill, Rep. Michelle Ugenti (R-Scottsdale), recommended that the House concur in the amendment of the Senate. Accordingly, the amended bill will next proceed to the House floor for a vote on final passage.

The League continues to strongly oppose the bill (which requires that local elections be held in the fall of even-numbered years) as an unconstitutional and unfunded mandate on cities and towns. This position is reinforced by the recent Supreme Court decision in Tucson v. Arizona, which unambiguously identifies municipal elections as a matter of purely local concern. The League urges all cities and towns to immediately contact their representatives to urge a NO vote on HB 2826 when it is brought to the House for a final vote - likely next week.

Traffic control

On Wednesday, April 25, the House passed HB 2557 (NOW: intersection; definition) on reconsideration by a vote of 35-17. The measure had failed the previous week by a vote of 27-29. The bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The bill, to which the League is opposed, now proceeds to the Senate for a vote on final passage.

Alarm installation

On Monday, April 23, the House and Senate convened a conference committee to make additional changes to HB 2748 (NOW: alarm business; alarm agent; certification). The bill was amended to address issues identified by the Department of Public Safety. In its current form, the measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and it preempts further local regulation of alarm installation. The bill now returns to the floor of both chambers for adoption of the amendment and final passage.

Sales tax collection

On Tuesday, April 24, the Senate passed an amended version of HB 2466 (NOW: payment; local sales tax) by a unanimous vote of 26-0. The bill provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self-collecting cities. The League supports HB 2466 and has worked closely and cooperatively with the bill's sponsor, Rep Rick Gray (R-Sun City West), throughout the legislative session.

The amended bill was considered in both House caucuses on Wednesday, April 25. As the bill's primary sponsor, Rep. Gray recommended that the House concur in the amendment of the Senate. Accordingly, the bill's next stop will be the House floor for a vote on final passage.

Pension reform

On Tuesday, April 24, the Senate passed HB 2264 (ASRS; employee; employer contributions; rate) by a unanimous vote of 28-0. The bill, sponsored by Rep. Bob Robson (R-Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals the portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and employees, respectively. The bill will next be transmitted to the governor for her consideration.

Law enforcement

On Tuesday, April 24, the Senate passed SB 1212 (law enforcement officers; just cause) by a vote of 28-0. Sponsored by Senator Andy Biggs (R-Gilbert), the bill mandates that the same "just cause" process required for the termination of law enforcement officers be applied to demotions. Language in the bill applying the same process to officer suspensions was stricken by an amendment adopted in the House Committee of the Whole last week. The League opposes the measure because it limits the authority of municipalities to discipline problematic officers. The bill now goes to the Governor for her consideration.

United Nations Rio declaration

On Wednesday, April 25, the House Committee of the Whole considered and passed SB 1507 (NOW: United Nations Rio declaration; prohibition). The purpose of the bill is to prohibit the state and its political subdivisions from adopting or implementing "the creed, doctrine, principles or any tenet" of the 1992 United Nations Rio Declaration on Environment and Development. The bill was amended by the House to add the White House Rural Council to a list of organizations with which Arizona political entities are prohibited from affiliating.

The League opposes this ill-conceived legislation, based on its ambiguous language, high potential for unintended negative consequences and prospective impacts on municipal initiatives. The bill now proceeds to its third reading in the House.

Legislative Bulletin is published by the League of Arizona Cities and Towns.
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