Legislative Overview

The bill deadlines have now passed for both chambers. There have been 1138 bills introduced and 83 memorials and resolutions. This is down considerably from years past. Only one bill has been signed, the civics test graduation requirement. The next major deadline is February 20th, the final day to hear bills in their original chamber.

TPT Reform

Following weeks of intense negotiations involving the League and many stakeholders, SB 1446 TPT reform; contractors, sponsored by Senator Debbie Lesko (R-Peoria), was heard in her Senate Finance committee on Wednesday. After a brief explanation of the proposal, all parties involved expressed their appreciation for everyone's effort and the bill passed unanimously, 5-0, and now goes on to the Rules committee. The companion bill, HB 2590 TPT reform; contractors, sponsored by Representative Karen Fann (R-Prescott), will be heard in the House Ways & Means committee on Monday, where it is expected to garner the same reception. The bills clarify the definitions of terms "alteration" and "replacement"; provide bright-line tests for both residential and commercial projects to determine when they fall into those categories as opposed to being considered prime contracting; and illuminate which contractors are required to keep their TPT license going forward. The bill allows licensed contractors who are doing alteration projects to continue buying all materials without tax, provided they pay retail TPT on the materials to the jurisdiction where the project is being done. The two bills contain identical language so they can be quickly advanced to Governor Ducey for his signature.

Firearms

Three bills related to firearms were heard this week and all three passed: SB 1291 firearms; state preemption; penalties (Sen. Steve Smith - R, Maricopa), SB 1330 second amendment violations; prohibited activities (Sen. Ward - R, Lake Havasu City), and HB 2320 firearms; permit holders; public places (Rep. Barton - R, Payson).

SB 1291 provides various penalties for any political subdivision that passes ordinances, rules or regulations that violate the state preemption on firearms. These penalties include injunctions against the ordinance, termination of employment for those responsible, and the ability for the party aggrieved or their membership association to claim damages. The bill passed the Senate Committees on Federalism, Mandates and Fiscal Responsibility, and Public Safety and Military Technology.

SB 1330 states that state agencies or political subdivisions cannot follow federal law that is in violation of the Second Amendment of the U.S. Constitution. If a political subdivision does violate this measure, the state treasurer is prohibited from transferring any money to the subdivision in the fiscal year after the final judicial determination. Also, the person responsible for the violation is removed their position and is unable to serve in official duties thereafter. The bill did pass the Senate Committee on Federalism, Mandates and Fiscal Responsibility, but was stricken from its other assigned agenda, so its fate is unknown at this time.

HB 2320 gives public building and events the choice of allowing concealed weapon permit holders entry with their firearms, or putting up electronic screening devices and having security personnel at the entrances and securing the firearms. The League opposed due to the cost of such measures and the ability of local government to have decision making authority without incurring such costs. The bill passed House Military Affairs and public Safety by a vote of 6-3 and now goes on to the Rules Committee.

Responsibility of Utility Service Payments

On Wednesday, the Senate Government Committee passed SB 1342 responsibility of payment; utility services, by a vote of 7-0. Sponsored by Senator Griffin (R-Hereford), the bill states that for residential property of four or fewer units, a garbage collection service provider, private water company or sewer corporation is prohibited from requiring payment of garbage collection service rates and charges by anyone other than the person who the provider or company contracted with to provide the service, who physically resides or resided at the property, and who receives or received the service. The same conditions apply to a municipality's ability to require payment of unpaid utility user fees. The League was neutral on this bill as it mirrors previous utility payment legislation. The bill now moves to the Rules Committee.

Unduly Burdensome Public Records Requests

On Wednesday, the Senate Government Committee passed SB 1339 public records; unduly burdensome requests, by a vote of 6-1. Sponsored by Senator Shooter (R-Yuma), the bill makes it a defense to any action on denial of access to public records that the request for access is unduly burdensome or harassing. The bill describes an unduly burdensome request as being unmanageable or lacking reasonable particularity. The League supported the bill as it provides municipalities with an additional defense to particular public records requests. The bill now moves to the Rules Committee.

Financial Information Posting and Public Officer Removal

On Thursday, the House Government and Higher Education passed HB 2315 financial information; comprehensive database; posting, by a vote of 6-2-1. Sponsored by Rep. Barton (R-Payson), the bill states that if a local government fails to comply with the requirement to establish and maintain an official internet website that is available to the public and that contains a comprehensive reporting of all revenues and expenditures over $5,000 of local monies, the public officer responsible for posting the information is subject to removal for malfeasance in office. The League supports Representative Barton's efforts to increase government transparency and the overwhelming majority of municipal governments are in compliance with current law. However, the League is concerned that the punishment precedent doesn't adequately contemplate honest mistakes. The bill now moves to the Rules Committee.

Legislative Bill Monitoring

(All bills being actively monitored by the League can be found here.)

SB 1446 TPT reform; contractors
SB 1291 firearms; state preemption; penalties
SB 1330 second amendment violations; prohibited activities
HB 2320 firearms; permit holders; public places
SB 1342 responsibility of payment; utility services
SB 1339 public records; unduly burdensome requests
HB 2315 financial information; comprehensive database; posting

Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.