Issue 3 - January 29, 2016

Legislative Overview

Today marks the 19th day of the 2016 session. Legislative activity related to municipal concerns increased remarkably this week. All of this work was in committee, but floor activity should pick up next week.

To date there have been 995 bills introduced, with 83 memorials and resolutions. This is an increase of almost 200 bills since last week, and 21 more memorials and resolutions. February 1st is the deadline for Senate Bill introductions, and February 8th is the deadline for the House.

PSPRS

The long-awaited Public Safety Personnel Retirement System (PSPRS) reform package is scheduled to be heard in the Senate Finance Committee on Wednesday morning. The League has been a key participant in the negotiations and much of the work of the Pension Reform Task Force has been incorporated into the legislation. While no legislation can eliminate our existing unfunded liability, these proposed changes will go a long way toward stabilizing the system and reducing the costs associated with future public safety personnel. There is broad support for the package and we are very hopeful that this issue will receive approval by the Legislature and will be on the May special election ballot. The bill numbers are SB1428, SB1429 and SCR1019, but the bill language is not posted yet.

League Resolutions

On Monday two League Resolutions passed through the House Counties and Municipal Affairs Committee. The first bill, sponsored by Rep. Jeff Weninger (R - Chandler), HB2076 (annexation; single property owner; exception) went through unanimously. The measure allows for annexations to take place when the property owner and the municipality both want the annexation, and also to alter the length and width requirements in this circumstance.

HB2107 (substance abuse recovery homes) also passed the committee, by a vote of 5-3. Rep. Noel Campbell (R - Prescott) sponsor of the bill is seeking to provide some regulation on the substance abuse recovery home industry.

The League supported both bills, and they now go to the Rules Committee.

Alarms

Sponsored by Sen. John Kavanagh (R - Fountain Hills) SB1162 (alarm industry; fingerprint requirements) makes alterations to alarm business licensing from the Board of Technical Registration, including allowing alarm personnel to submit proof of having a fingerprint verification card instead of submitting fingerprints to the Board. This change and the rest of the changes are not onerous to municipalities, so the League was neutral on the bill. It unanimously passed the Senate Public Safety, Military and Technology Committee and now proceeds to the Commerce and Workforce Development Committee.

Local Control; Bags and Benchmarking

Two bills passed the House Commerce Committee on Wednesday by the same vote of 5-3: HB2130 (municipalities; counties; energy use; reporting) and HB2131 (municipalities; counties; auxiliary containers; prohibitions). Both measures are sponsored by Rep. Warren Peterson (R - Gilbert). HB2130 prohibits local governments from requiring energy use reports from private companies. HB2131 prohibits cities, towns and counties from restricting businesses from using "auxiliary containers," which include plastic shopping bags. The League opposed these bills as they are an encroachment on local authority. Both bills now go onto the Rules Committee.

Public Employees and Penalties

HB2115 (public employees; misappropriation; penalty) sponsored by Rep. Warren Peterson (R - Gilbert) would prevent public officers or employees from receiving certain benefits such as severance pay, annuity payments and pension benefits if that person is "found" to have misappropriated public funds. The bill would also require this prohibition to be included in any new employment contract. While the League is not opposed to having penalties in place in the event this occurs, there are concerns that the bill may be unconstitutional as drafted. The League was neutral on the bill and testified in committee, pointing out these concerns. The bill passed the House Government and Higher Education Committee by a vote of 6-2, and it now goes on to the Rules Committee.

Regulation Restrictions

The House Commerce Committee passed HB2517 (businesses; professions; regulation restrictions) by a 5-3 vote. This bill was proposed by the Goldwater Institute and sponsored by Rep. Warren Peterson (R - Gilbert). It would limit municipalities, counties and state agencies from adopting any regulation that applies to business except for purposes of public health, safety and welfare. Additionally, these governmental entities would have to review all of their existing regulations, eliminate or modify any that do not meet this restriction and then report to the Legislature. The bill also establishes a private right of action, allowing any person to sue the municipality if they believed they were not in compliance. The League opposed this bill. It will now go to the Rules Committee.

Municipal Improvement Districts

The House Government and Higher Education Committee passed HB2440 (municipal improvement districts) by a vote of 5-3. Sponsored by Rep. Warren Peterson (R - Gilbert), the measure drastically alters how municipal improvement districts are formed, including a requirement for a vote of the qualified electors in the district and the landowners, whose votes are based on acreage owned. The League opposed the bill. The bill will next go to the House Rules Committee.

Legislative Bill Monitoring

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

HB 2076: annexation; single property owner; exception

HB 2107 substance abuse recovery homes

SB 1162 alarm industry; fingerprint requirements

HB 2130 municipalities; counties; energy use; reporting

HB 2131 municipalities; counties; auxiliary containers; prohibitions

HB 2115 public employees; misappropriations; penalty

HB 2517 business professionals; regulation; restrictions

HB 2440 municipal improvement districts; formation election
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to .