Legislative Bill Monitoring
54th Legislature - 1st Regular Session, 2019 Saturday, Feb 23 2019 9:35 AM

BILL NUMBER/
SHORT TITLE
CUSTOM
SUMMARY
SPONSORS LAST ACTION
H2005:
MOVING VIOLATIONS; DEFENSIVE DRIVING SCHOOL  

HB 2005 would allow drivers that have been cited for a moving violation to attend defensive driving school after being found guilty or responsible by the court.  

 

League Position: OPPOSE- The bill upends the defensive driving diversion program by allowing guilty drivers to take advantage of a PRETRIAL diversion program after forcing the city to expend resources on a hearing. The current diversion program gives drivers the option of attending defensive driving school BEFORE their court date to have the ticket dismissed. Providing a post-hearing diversion option is bad policy, costly, problematic to administer, and goes against the principles of the judicial process. 

First sponsor: Rep. Kavanagh (R - Dist 23) 2/18
from House rules okay.
H2026:
PUBLIC RESOURCES; INFLUENCING ELECTIONS; PENALTIES  

HB2026 would establish a right to action for any resident to initiate a lawsuit in superior court against a city or town believed to be in violation of state laws prohibiting the use of public resources to influence an election.

 

League Position: OPPOSE – There are already existing processes for the public to file complaints if they believe public resources were improperly used. The county attorney and the attorney general have the resources to investigate these claims to see if there is enough evidence the law has been violated before filing an action in court.

 

First sponsor: Rep. Kavanagh (R - Dist 23) 2/21
stricken from House consent calendar by Salman.
H2043:
MUNICIPAL JUDGES; TERMS; RETENTION ELECTION  

HB2043 among other provisions, would require municipal judges to stand for a retention election every four years in lieu of reappointment by the council.

 

League Position: OPPOSE The bill is unnecessary and will complicate the appointment and retention of qualified municipal judges, some who serve without compensation.

 

First sponsor: Rep. Kavanagh (R - Dist 23) 2/20
from House elect do pass.
H2069:
TEXT MESSAGING WHILE DRIVING; PROHIBITION  

HB2069 makes it a civil traffic violation to use a wireless communication device to manually write or send a written message while driving on a highway.

 

League Position: SUPPORT Cities and towns support a statewide prohibition on using wireless devices while driving to decrease traffic collisions caused by this dangerous activity.

 

First sponsor: Rep. Kavanagh (R - Dist 23) 2/21
from House pub safety do pass.
H2084:
MUNICIPAL ZONING; REZONING PROTESTS  

HB2084 allows either the property being rezoned or the neighboring properties to file a protest.

 

League Position: SUPPORT This bill fixes a drafting error that occurred in a previous bill. As passed, that bill included properties being rezoned in the calculation for formal protests by surrounding properties. This resulted in situations where neighboring properties could not file a formal protest on a rezoning because the property being rezoned had to be included as part of the petition.

 

First sponsor: Rep. Kavanagh (R - Dist 23) 2/14
from House gov do pass.
H2107:
MUNICIPALITIES; PARKING; PUBLIC VEHICLES  

HB2107 prohibits a city or town from restricting residents from parking vehicles of a certain size on a street or in their driveway if they are employed by a public service corporation or a public safety agency and the vehicle is required to be at the residence as a condition of their employment.

 

League Position: NEUTRAL – An amendment was adopted in the House Regulatory Affairs Committee that addressed the concerns of cities and towns.

First sponsor: Rep. Grantham (R - Dist 12) 2/21
from House rules okay.
H2115:
LANDLORD TENANT; STATE PREEMPTION  

HB2115 declares the regulation of the rights, obligations and remedies of landlords and tenants as a statewide concern that is not subject to further regulation by cities and towns.

League Position: OPPOSE - Cities and towns have been working with residents to resolve landlord-tenant issues for decades as the closest and most responsive level of government. The state provides minimal, generalized protections for tenants with no specificity or enforcement mechanism. Under state statutes a tenant’s only remedy is to initiate court proceedings or leave their home. Local regulations provide greater protections and can be enforced by the local government. These regulations protect not just individual tenants but the community from bad landlords.

First sponsor: Rep. Griffin (R - Dist 14) 2/18
from House rules okay.
H2179:
VIDEO SERVICE PROVIDERS  

Makes various technical changes to state statute to conform to last year’s adoption of SB1140 certificates of authority; video service.

 

League Position: NEUTRAL

First sponsor: Rep. Weninger (R - Dist 17) 2/11
passed House 60-0; ready for Senate.
H2182:
PERMIT; LICENSE; DENIALS; AGENCY HEARING  

Among other provisions, HB2182 requires cities and towns to clearly specify criteria for license approval for a constitutionally protected activity and requires approval or denial of the license with 30 days or another time period specified by law.

League Position: NEUTRAL – An amendment was adopted that addressed the concerns of the League.   

First sponsor: Rep. Grantham (R - Dist 12) 2/14
House COW approved with floor amend #4218, a substitute for amend 4055. Passed House 31-29; ready for Senate.
H2201:
PARTISAN OFFICES; CITIES; TOWNS  

HB2201 would require ballots for local elections to include the party designation of all candidates and require all cities and towns to hold both a primary and general election, even in uncontested races.

 

League Position: OPPOSE Injecting partisanship into governing at the local level would only increase the rancor that is, unfortunately, too much a part of our political system. Cities and towns have 100 years of successful experience with non-partisan elections and candidates are already free to put their political affiliation on any campaign materials.

 

First sponsor: Rep. Carroll (R - Dist 22)
Others: Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Bolick (R - Dist 20), Sen. Livingston (R - Dist 22), Rep. Payne (R - Dist 21), Rep. Toma (R - Dist 22)
2/19
stricken from House consent calendar by Teran.
H2240:
LIMITATIONS OF ACTIONS; DEDICATED PROPERTY  

HB2240 prohibits municipalities from instituting or maintaining an action or arbitration against developers for construction activities on an improvement to real property that is dedicated to the municipality more than eight years after final completion.

 

League Position: OPPOSE This bill will shift a developer’s liability to the taxpayer for private projects and may subject cities and towns to costly claims for damages they neither caused or had control over.

 

First sponsor: Rep. Kern (R - Dist 20) 2/18
from House rules okay.
H2319:
HURF TRANSFERS; HIGHWAY PATROL; REPEAL  

HB2319 removes statute allowing Highway User Revenue Funds to be used for funding the state’s highway patrol.

League Position: SUPPORT The League supports ending the use of HURF monies for highway patrol; however, this bill doesn’t guarantee the legislature in the future will not return to sweeping HURF funds for this purpose.

First sponsor: Rep. Campbell (R - Dist 1)
Others: Rep. Biasiucci (R - Dist 5), Rep. Stringer (R - Dist 1)
2/18
to House consent calendar. From House rules okay.
H2320:
HIGHWAY SAFETY FEE; REDUCTION  

HB2320 sets an $18 cap on the highway safety fee that is set by the director of the Department of Transportation and applied to car registrations.

 

League Position: OPPOSE Reducing a mechanism intended to fully fund the state’s highway patrol will potentially lead back to Highway User Revenue Fund sweeps that impact street and highway maintenance budgets.

 

First sponsor: Rep. Campbell (R - Dist 1)
Others: Sen. S. Allen (R - Dist 6), Rep. Barto (R - Dist 15), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Bolick (R - Dist 20), Sen. Borrelli (R - Dist 5), Rep. Bowers (R - Dist 25), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Rep. Grantham (R - Dist 12), Sen. Gray (R - Dist 21), Sen. Kerr (R - Dist 13), Rep. Petersen (R - Dist 12), Rep. Rivero (R - Dist 21), Rep. Stringer (R - Dist 1)
2/14
retained on House COW calendar.
H2365:
TAX CREDITS; AFFORDABLE HOUSING  

HB2365 establishes a state housing tax credit that will support the development of a wide range of affordable housing projects for those that have limited income in rural and urban areas.

League Position: SUPPORT This bill will incentivize development, benefiting our constituents by reducing the homeless population and creating new jobs for the construction, operation, and maintenance of new developments.

First sponsor: Rep. Toma (R - Dist 22)
Others: Rep. Bolding (D - Dist 27), Rep. Engel (D - Dist 10), Rep. Espinoza (D - Dist 19), Rep. D. Hernandez (D - Dist 2), Sen. Livingston (R - Dist 22), Rep. Rivero (R - Dist 21), Rep. Rodriguez (D - Dist 27), Rep. Shope (R - Dist 8), Rep. Sierra (D - Dist 19), Rep. Udall (R - Dist 25), Rep. Weninger (R - Dist 17)
2/13
from House ways-means do pass.
H2464:
WATER INFRASTRUCTURE FINANCE; MUNICIPAL APPROVAL  

HB2464 removes the requirement for cities under 150,000 to seek voter approval of Water Infrastructure Finance Authority (WIFA) financed projects if the project is only financed using utility customer revenues.

 

League Position: SUPPORT This bill provides rapid-growing communities flexibility to obtain WIFA financing by a council vote for wastewater and drinking water projects without needing to wait for the next election cycle.  

 

First sponsor: Rep. Shope (R - Dist 8) 2/14
passed House 60-0; ready for Senate.
H2465:
APPROP; INTERSTATE 10; WIDENING; STUDY  

HB2465 appropriates $10 million from the state General Fund to the Department of Transportation to study the widening of Interstate 10 between Casa Grande and Chandler.

League Position: SUPPORT Cities and towns support the funding and expansion of this priority travel and commerce corridor.

First sponsor: Rep. Shope (R - Dist 8) 2/21
from House appro do pass.
H2473:
STATE LIQUOR BOARD; MEMBERSHIP  

HB2473 requires one member of the State Liquor Board to be appointed based on recommendations provided by the League.

League Position: SUPPORT This bill will ensure there is a local perspective on Board decisions.

First sponsor: Rep. Kern (R - Dist 20)
Others: Rep. Bolick (R - Dist 20), Sen. Boyer (R - Dist 20)
2/18
to House COW consent calendar. From House rules okay.
H2536:
FUEL; ELECTRIC CARS; HYBRIDS; TAXES  

HB2536 gradually increases the state’s tax rates on gas and diesel sales and imposes a new tax on sales of natural gas, propane and electric vehicles.

 

League Position: SUPPORT The League supports the increase in the state’s gas tax, which has not been increased in decades, and the tax on hybrid vehicles to more fairly distribute the costs to build, repair and maintain the state’s transportation network.

 

First sponsor: Rep. Campbell (R - Dist 1)
Others: Rep. Andrade (D - Dist 29), Rep. Fernandez (D - Dist 4), Rep. Friese (D - Dist 9), Rep. Gabaldon (D - Dist 2), Rep. Thorpe (R - Dist 6)
2/20
from House ways-means with amend #4287.
H2580:
GRANTS; INVASIVE VEGETATION ERADICATION  

HB2580 establishes a fund to, among other objectives, provide cities and towns grants for local projects that remove nonnative plant species to assist in water conservation, fire hazard mitigation and flood prevention.

League Position: SUPPORT This grant program will assist cities and towns in the removal of nonnative plants such as salt cedars to restore riparian habitats and prevent fire hazards near developments or municipal infrastructure.

First sponsor: Rep. Osborne (R - Dist 13)
Others: Rep. Dunn (R - Dist 13), Sen. Kerr (R - Dist 13), Rep. Peten (D - Dist 4)
2/21
from House appro with amend #4321.
S1001:
HIGHWAY SAFETY FEE; REPEAL; VLT  

SB1001 repeals the Highway Safety Fee that is collected during vehicle registrations and used to fund 110% of the state’s Highway Patrol budget. It also repeals the modifications made to the valuation for alternative fuel vehicles for purposes of determining the VLT.

 

League Position: OPPOSE – eliminating this fee without providing an alternative funding source will potentially lead back to the practice of annual HURF sweeps. This would be a major setback for Arizona’s transportation network.

First sponsor: Sen. Ugenti-Rita (R - Dist 23) 2/11
passed Senate 24-6; ready for House.
S1147:
MUNICIPAL ECONOMIC DEVELOPMENT; SALE; LEASE  

SB1147 requires the governing body of a city or town to appoint an independent appraiser to determine the valuation of any land or building sold for economic development activities if valued at more than $50,000, among other requirements.

 

League Position: OPPOSE This bill would be an impediment to economic development. Cities and towns often engage in transactions for economic development that take many factors into consideration, including the value of the land or buildings, the development that will be created in its place, the industry the development might attract, and the overall public benefit.

 

First sponsor: Sen. Leach (R - Dist 11) 2/19
from Senate rules okay.
S1186:
MUNICIPALITIES; PENSION FUND; TRANSFER  

 SB1186 allows cities or towns with an existing part-time/volunteer firefighter retirement accounts with unencumbered monies to pay down unfunded liabilities in the PSPRS fund.

 

League Position: SUPPORT This is a League resolution that will permit cities and towns to utilize those unencumbered funds to pay down their PSPRS unfunded liabilities.

 

First sponsor: Sen. Pratt (R - Dist 8) 2/14
passed Senate 29-0; ready for House.
S1231:
PUBLIC SAFETY; RESIDENCY REQUIREMENTS; PROHIBITION  

SB1231 prohibits cities and towns from imposing residency requirements on peace officers and firefighters.

League Position: NEUTRAL An amendment will be adopted to exempt executive staff from this legislation.

First sponsor: Sen. Boyer (R - Dist 20) 2/19
from Senate rules okay.
S1241:
STATE PARKS BOARD; HERITAGE FUND  

SB1241 restores the Heritage Fund dedicated to state parks, outdoor recreation, trails and historic preservation.

 

League Position: SUPPORT Cities and towns support our many state parks and increasing outdoor recreation opportunities that enhance eco-tourism into the state and provide benefits to many local economies.

 

First sponsor: Sen. Brophy McGee (R - Dist 28)
Others: Sen. Boyer (R - Dist 20), Sen. Carter (R - Dist 15), Sen. Kerr (R - Dist 13), Sen. Navarrete (D - Dist 30), Sen. Otondo (D - Dist 4), Sen. Pratt (R - Dist 8)
2/20
from Senate appro do pass.
S1257:
AQUATICS FACILITY MAINTENANCE DISTRICTS  

SB1257 allows not later than September 1, 2022 the creation of a county aquatics facility maintenance district in counties under 100,000 and contingent upon demonstration of certain requirements.

 

League Position: SUPPORT

 

First sponsor: Sen. Pratt (R - Dist 8) 2/19
from Senate rules okay.
S1450:
GRANTS; INVASIVE VEGETATION ERADICATION  

SB1450 establishes a fund to, among other objectives, provide cities and towns grants for local projects that remove nonnative plant species to assist in water conservation, fire hazard mitigation and flood prevention.

 

League Position: SUPPORT This grant program will assist cities and towns in the removal of nonnative plants such as salt cedars to restore riparian habitats and prevent fire hazards near developments or municipal infrastructure.

 

First sponsor: Sen. Kerr (R - Dist 13)
Others: Sen. S. Allen (R - Dist 6), Rep. Dunn (R - Dist 13), Rep. Osborne (R - Dist 13), Sen. Otondo (D - Dist 4), Sen. Pratt (R - Dist 8)
2/20
from Senate appro with amend #4254.
S1460:
TPT; DIGITAL GOODS & SERVICES  

SB1460 makes certain digital products taxable while exempting from tax products that are received over the web or through cloud computing that are currently considered taxable transactions.

 

League Position: OPPOSE The taxability of an item should not change based simply upon how that product is delivered to the consumer, regardless if that delivery is via the cloud. As more products convert from a physical form to the cloud, the potential revenue losses for cities and towns – as well as the state, counties, and Proposition 301 – will increase in future years.

 

First sponsor: Sen. Ugenti-Rita (R - Dist 23) 2/14
from Senate fin with amend #4196.