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Legislative Overview
Today marks the 40th day of the 2016 session. This was the last week to hear bills in their chamber of origin so committee agendas were
extremely lengthy. Each chamber also had extensive floor activity as they move bills to the other side.
To date, there have been three bills signed: HB2468, internet crimes against children; appropriation,
SB1428, PSPRS modifications
and SB1429, public retirement systems; special election.
The ballot referral for PSPRS reform,
SCR1019, went to the
Secretary of State for preparation for the May 17th election.
Residential Rental
On Thursday,
HB2026, S/E tax exemption; single family dwellings
failed to pass the House Committee of the Whole by a vote of 22-36 (with two not voting). This bill concerns the municipal residential
rental tax, and was amended to exempt the first two single family home rentals of an individual owner. The League opposed the measure as
the first step toward the eventual elimination of the residential rental tax. The League thanks all of the municipal officials and
Representatives that worked to stop this legislation.
Penalties for Local Decisions
SB1487, state law; local violations; penalties
passed out of the Senate Government Committee on Wednesday by a 4-3 vote. The bill's sponsor, Senate President Andy Biggs testified that
the bill was necessary to assure that cities and towns follow state law and there needs to be a monetary penalty as the bill calls for,
to assure compliance. If enacted, the bill would withhold shared revenue from cities and towns that are found by the Attorney General to
have violated state law. The League testified in opposition to the bill as an attack on local authority and a bypassing of the
constitutional protections of due process. The bill now goes to the Rules Committee.
Microcells
HB 2497, local governments; permits; regulation,
sponsored by Representative Darrin Mitchell (R - Litchfield Park) passed the House County and Municipal Affairs Committee by a vote of
5-3 this week. The bill mandates that local governments permit all microcell equipment, which boosts mobile phone signals. The bill
prohibits municipalities from collecting a recurring cost on microcell equipment. The League opposed the bill in committee; however,
there are ongoing negotiations with stakeholders to address concerns. The bill now goes to the Rules Committee.
Regulations
SB 1524, regulatory actions; limitations,
passed the Senate Government Committee this week by a vote of 6-0. Sponsored by Senator Steve Smith (R - Maricopa) the bill limits
regulatory restrictions a municipality may place on a business. The bill also addresses concerns of self-regulation of businesses within
cities. The League is neutral on the bill. It now goes to the Rules Committee.
Photo Enforcement
Two bills related to photo traffic enforcement passed their respective committees this week.
HB2540, prohibition; photo radar
gained approval from the House Transportation and Infrastructure Committee by a vote of 5-4. Sponsored by Representative Kelly Townsend
(R - Mesa) the bill would ban all type of photo enforcement, including speed, red light and school zone cameras.
SB1520, S/E: photo enforcement; voter approval
passed the Senate Public Safety and Military Technology Committee with a vote of 4-1. Sponsored by Senator Steve Smith (R - Maricopa)
the measure would send to a municipality's voters the question of retaining photo enforcement. The League opposed both bills, as cities
that continue to use photo enforcement can cite safer conditions in their communities, and those that have removed it have already
listened to their constituents without having to go to an election. Both measures go on to the Rules Committee.
Drones
SB1449, unmanned aircraft; prohibited operations,
passed two Senate Committees this week. Sponsored by Senator John Kavanagh (R - Fountain Hills), the bill prescribes various regulations
associated with unmanned aircraft, or drones. Cities and towns are greatly restricted from adopting their own ordinances in the bill, so
the League is working with the bill's proponents to ensure that municipal concerns are addressed. As such, there will continue to be
amendments to the bill. SB1449 passed the Senate Transportation Committee 5-1, and the Senate Judiciary Committee 7-0. The bill now goes
to the Rules Committee.
Firearms and the Federal Government
Sponsored by Representative Anthony Kern (R - Glendale)
HB2300, firearms; prohibited governmental activities
prohibits state or local governments from enforcing or using resources to aid in the enforcement of federal laws related to personal
firearms. The League opposed the bill as it could impede cooperative activities between federal and local law enforcement related to
firearms. The measure passed the House Judiciary Committee by a vote of 4-2, and moves to the Rules Committee.
Immigration
HB2024, S/E immigration laws; attorney fees,
sponsored by Representative Mark Finchem (R - Tucson) prohibits the awarding of attorney fees to the prevailing party if the prevailing
party is a governmental entity in a case involving enforcing immigration law. The League opposed as there could be frivolous lawsuits
that occur where the municipalities prevail, but under this bill would not be able to recover attorney fees. The bill passed the House
Federalism and States' Rights Committee by a vote of 5-2, and now goes to the Rules Committee.
Legislative Bill Monitoring
(All bills being actively monitored by the League
can be found here.)
HB2497: local governments; permits; equipment
HB2540: prohibition; photo radar
SB1520: S/E photo radar; voter approval
SB1449: unmanned aircraft prohibited operations
HB2300: firearms; prohibited governmental activities
HB2024: S/E immigration laws; attorney fees
SB1523: truth in taxation; levy increases
SB1350: S/E online homesharing; administration; definitions
SB1487: state law; local violations; penalties
SB1524: regulatory actions; limitations
HB2350: occupational disease; post - traumatic stress disorder
HB2026: S/E tax exemption; single family dwellings
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Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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