Legislative Bill Monitoring
54th Legislature - 1st Regular Session, 2019 Tuesday, Sep 17 2019 10:36 PM

BILL NUMBER/
SHORT TITLE
CUSTOM
SUMMARY
SPONSORS LAST ACTION
H2005 (Chapter 201):
TRAFFIC SURVIVAL 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) 5/10
signed by governor. Chap. 201, Laws 2019.
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) 4/4
from Senate appro with amend #4936.
H2027 (Chapter 124):
ONLINE LODGING MARKETPLACE; LOCAL TAXATION  

HB2027 makes a technical change to the statutes to ensure the Arizona Department of Revenue has the authority to collect on behalf of cities and towns local taxes on online lodging marketplace transactions.

 

League Position: SUPPORT

 

First sponsor: Rep. Kavanagh (R - Dist 23) 4/24
signed by governor. Chap. 124, Laws 2019.
H2047:
HURF DISTRIBUTION; CITIES, TOWNS, COUNTIES  

 

 

HB2047 appropriates $30M to cities and towns - $150,000 to each city and town, with the remaining monies distributed based on population – for street and highway construction and maintenance.

 

League Position: SUPPORT – These additional monies are needed by cities and towns to address the backlog of maintenance projects due to the declining monies in the Highway User Revenue Fund.  

 

First sponsor: Rep. Cook (R - Dist 8)
Others: Sen. Borrelli (R - Dist 5), Rep. Campbell (R - Dist 1), Sen. Gowan (R - Dist 14), Rep. Stringer (R - Dist 1)
3/20
from Senate appro 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) 2/26
House COW approved. FAILED to pass House 18-41.
H2107 (Chapter 73):
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) 4/11
signed by governor. Chap. 73, Laws 2019.
H2113 (Chapter 176):
PUBLIC RESTROOMS; DIAPER CHANGING STATIONS  

 

A strike-everything amendment was adopted on HB2113 that requires, under certain conditions, the construction or renovation of restrooms in public buildings to include at least one diaper changing station capable of serving babies and adults.

 

League Position: NEUTRAL

 

First sponsor: Rep. Griffin (R - Dist 14) 5/7
signed by governor. Chap. 176, Laws 2019.
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) 4/3
Senate COW approved.
H2134 (Chapter 284):
MUNICIPAL ELECTIONS; WRITE-IN CANDIDATES  

 

HB2134 prohibits a write-in candidate in a local election from advancing to the general election unless the candidate received the number of votes equivalent to the same number of signatures required for nominating petitions for the same office.

 

League Position: SUPPORT

 

First sponsor: Rep. Cobb (R - Dist 5) 6/7
signed by governor. Chap. 284, Laws 2019.
H2179 (Chapter 163):
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) 5/1
signed by governor. Chap. 163, Laws 2019.
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) 5/6
FAILED to pass Senate 15-14.
H2240 (Chapter 51):
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: NEUTRAL An amendment was adopted that addressed the concerns of cities and towns. 

 

First sponsor: Rep. Kern (R - Dist 20) 4/9
signed by governor. Chap. 51, Laws 2019.
H2318 (Chapter 112):
DRIVING; WIRELESS COMMUNICATION DEVICE; PROHIBITION  

 

A strike-everything amendment was adopted on HB2318, substantially like SB1165 texting while driving; prohibition, that will prohibit drivers from holding or supporting with any part of their body a cell-phone or electronic device to write, send, or read any text-based communications unless the driver uses voice-to-text features. It prohibits talking on a wireless device unless the driver is using an earpiece, headphone device or a device worn on a wrist. Exemptions in the bill include using a cellphone to call 9-1-1, swiping or tapping a device to activate a feature, among others. Beginning January 1, 2021, violations of the law will be civil penalties, subject to fines ranging between $75 and $149 for a first offense and between $150 and $250 for second or subsequent offenses. Violations causing serious injury or death is a class 1 misdemeanor. After the effective date of the legislation and before January 1, 2021, law enforcement is limited to issuing warnings to allow for drivers to become aware of the new state law; however, cities and towns with a current ordinance may continue enforcement and assess penalties for violation.

 

League Position: SUPPORT – Cities and towns support a statewide ban on using cell phones while driving and have adopted ordinances to address this ongoing issue in their communities because a state law in this area had not been adopted.

 

First sponsor: Rep. Campbell (R - Dist 1)
Others: Rep. Stringer (R - Dist 1)
4/22
signed by governor. Chap. 112, Laws 2019.
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)
4/2
Senate appro held.
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)
3/12
referred to Senate rules only.
H2357:
ELECTRONIC SMOKING DEVICES  

 

HB2357 among other provisions, stipulates the gross proceeds of sale or gross income from reconstruction activity that is subject to local tax applies to property that was subdivided and received a condominium plat and that the total cost of all construction activity in the 24 months preceding the sale of any part of the real property exceed 15% of the prior value. The bill also applies a land deduction for each speculative builder property sale.

 

League Position: OPPOSE Many of these issues have already been addressed by the Model City Tax Code Commission. Applying a land deduction to these transactions will result in a $6.8M a year in revenue loss to cities and towns.

 

First sponsor: Rep. Toma (R - Dist 22)
Others: Sen. Livingston (R - Dist 22)
5/27
Senate adopted conference report #5178. Awaits House adoption and final vote in both houses.
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 (Chapter 33):
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) 3/22
signed by governor. Chap. 33, Laws 2019.
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)
5/14
VETOED message.
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.
H2559:
PEER-TO-PEER CAR SHARING  

 

HB2559 seeks to categorize the P2P car sharing business as similar to Uber and Lyft rideshare activity, provides exemptions from sales taxes and surcharges imposed on rental car transactions and requires P2P platforms to comply with certain vehicle safety and consumer protection requirements.

 

League Position: OPPOSE The tax and surcharge exemptions in HB2559 are of concern because of the loss of revenue generated from car rental fees and TPT that pays for Spring Training Baseball ($640M in 2018 to the Arizona economy), Arizona Cardinals Stadium, public safety, road projects, and general city administration. Providing an exemption solely to P2P platforms while continuing the full tax on transactions conducted by car rental companies creates an unlevel playing field.

 

First sponsor: Rep. Grantham (R - Dist 12) 5/22
from Senate rules okay.
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)
3/20
from Senate appro with amend #4809.
H2636:
MOBILE FOOD VENDORS; MUNICIPALITIES  

 

HB2636 allows a mobile food vendor to operate on private property in a residential area under certain conditions, exempts vendors from fingerprinting requirements unless they’re operating in the right-of-way or on public property in residential areas, and prohibits cities and towns from charging more than one fee per year to operate on private property.

 

League Position: NEUTRAL  

 

First sponsor: Rep. Payne (R - Dist 21) 5/16
Senate voted to reconsider 5/15 failure to pass bill. Date of second vote to be set by president.
H2638:
MUNICIPAL TAX; EXEMPTION; FOOD  

 

HB2638 prohibits the city of Phoenix from imposing TPT on food for home consumption.

 

League Position: OPPOSE The bill is intended to prohibit Phoenix from imposing this tax; however, it could easily be amended to apply to all cities and towns that rely on this tax as a critical source of revenue, particularly in rural and tourist areas. The rate of this tax is low, usually around $1 in tax for every $50 grocery sale. It provides more than $115 million in revenue to cities and towns across the state.

 

First sponsor: Rep. Bolick (R - Dist 20)
Others: Rep. Blackman (R - Dist 6), Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Sen. Leach (R - Dist 11), Rep. Roberts (R - Dist 11), Rep. Toma (R - Dist 22)
2/25
stricken from House consent calendar by Friese.
H2672 (Chapter 240):
VACATION RENTALS; SHORT-TERM RENTALS; REGULATION  

 

HB2672, among other provisions, allows cities and towns to receive and use certain information from TPT licenses about short-term rental properties and their owners and establishes a mechanism to address nuisance short-term rental properties that impact the quiet enjoyment of neighborhoods.

 

League Position: SUPPORT

 

First sponsor: Rep. Kavanagh (R - Dist 23)
Others: Sen. Alston (D - Dist 24), Rep. Barto (R - Dist 15), Rep. Blackman (R - Dist 6), Rep. Blanc (D - Dist 26), Rep. Bolick (R - Dist 20), Rep. Bowers (R - Dist 25), Sen. Bowie (D - Dist 18), Sen. Boyer (R - Dist 20), Sen. Bradley (D - Dist 10), Sen. Brophy McGee (R - Dist 28), Rep. Butler (D - Dist 28), Rep. Campbell (R - Dist 1), Rep. Cano (D - Dist 3), Rep. Carroll (R - Dist 22), Sen. Carter (R - Dist 15), Rep. Cobb (R - Dist 5), Sen. Contreras (D - Dist 19), Sen. Dalessandro (D - Dist 2), Rep. Dunn (R - Dist 13), Rep. Engel (D - Dist 10), Rep. Espinoza (D - Dist 19), Sen. Fann (R - Dist 1), Rep. Fernandez (D - Dist 4), Rep. Finchem (R - Dist 11), Rep. Friese (D - Dist 9), Rep. Gabaldon (D - Dist 2), Rep. Grantham (R - Dist 12), Sen. Gray (R - Dist 21), Rep. A. Hernandez (D - Dist 3), Rep. Jermaine (D - Dist 18), Rep. Kern (R - Dist 20), Sen. Kerr (R - Dist 13), Rep. Lawrence (R - Dist 23), Sen. Leach (R - Dist 11), Rep. Lieberman (D - Dist 28), Sen. Livingston (R - Dist 22), Rep. Longdon (D - Dist 24), Sen. Mendez (D - Dist 26), Rep. Meza (D - Dist 30), Rep. Osborne (R - Dist 13), Sen. Otondo (D - Dist 4), Rep. Pawlik (D - Dist 17), Rep. Payne (R - Dist 21), Sen. Peshlakai (D - Dist 7), Sen. Pratt (R - Dist 8), Sen. Quezada (D - Dist 29), Sen. Rios (D - Dist 27), Rep. Rivero (R - Dist 21), Rep. Roberts (R - Dist 11), Rep. Shah (D - Dist 24), Rep. Sierra (D - Dist 19), Rep. Stringer (R - Dist 1), Rep. Thorpe (R - Dist 6), Rep. Toma (R - Dist 22), Rep. Tsosie (D - Dist 7), Sen. Ugenti-Rita (R - Dist 23)
5/21
signed by governor. Chap. 240, Laws 2019. message
H2688:
MOBILE HOMES; TAXES; ABANDONMENT; SALES  

 

A strike-everything amendment was adopted on HB2688, substantially like SB1305 peer-to-peer car sharing; taxation, which defines, regulates and taxes the peer-to-peer car rental industry like conventional car rental carriers.

 

League Position: SUPPORT – This bill allows the P2P car sharing economy to operate in Arizona while ensuring state and local TPT and tourism surcharge obligations are applied equally. 

 

First sponsor: Rep. Thorpe (R - Dist 6) 5/22
from Senate rules okay.
H2701:
STATE PARKS; LOTTERY; HERITAGE FUND  

 

HB2701 restores the Heritage Fund with a $10M appropriation 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: Rep. Osborne (R - Dist 13)
Others: Rep. Cano (D - Dist 3), Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Fernandez (D - Dist 4), Rep. Kavanagh (R - Dist 23), Sen. Kerr (R - Dist 13), Rep. Toma (R - Dist 22)
3/7
referred to Senate rules only.
H2702:
TPT; MARKETPLACE FACILITATORS; NEXUS  

 

HB2702 implements the South Dakota v. Wayfair decision by establishing an economic nexus for out of state sellers to remit TPT while conducting business in Arizona at 200 transactions or $100,000 a year.

 

League Position: SUPPORT This bill creates parity with existing bricks-and-mortar businesses in the state who have been remitting TPT on their sales.

 

First sponsor: Rep. Toma (R - Dist 22)
Others: Rep. J. Allen (R - Dist 15), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Bolding (D - Dist 27), Rep. Bolick (R - Dist 20), Rep. Campbell (R - Dist 1), Rep. Chavez (D - Dist 29), Rep. Cook (R - Dist 8), Rep. Engel (D - Dist 10), Rep. Epstein (D - Dist 18), Rep. Espinoza (D - Dist 19), Rep. Finchem (R - Dist 11), Rep. A. Hernandez (D - Dist 3), Rep. D. Hernandez (D - Dist 2), Rep. Jermaine (D - Dist 18), Rep. Kavanagh (R - Dist 23), Rep. Lawrence (R - Dist 23), Rep. Lieberman (D - Dist 28), Rep. Osborne (R - Dist 13), Rep. Pawlik (D - Dist 17), Rep. Payne (R - Dist 21), Rep. Rivero (R - Dist 21), Rep. Stringer (R - Dist 1), Rep. Thorpe (R - Dist 6)
2/20
from House ways-means with amend #4290.
H2734:
TPT; CONTRACTORS; REFORM  

 

HB2734 creates a study committee to analyze the construction sales tax system.

 

League Position: SUPPORT The League supports continued study of this issue to find a revenue neutral approach that provides simplicity to the construction industry to comply with their tax obligations.

 

First sponsor: Rep. Cobb (R - Dist 5) 5/27
referred to Senate rules only.
H2736:
TOBACCO PRODUCTS; DISTRIBUTOR LICENSES  

 

A strike-everything amendment was adopted on HB2736, identical to HB2365 tax credits; affordable housing, which 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. Cano (D - Dist 3), Rep. Cook (R - Dist 8), Rep. Fillmore (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Rivero (R - Dist 21), Rep. Thorpe (R - Dist 6)
3/28
from Senate appro with amend #4874.
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) 4/23
from House rules okay.
S1039 (Chapter 184):
PAIN MANAGEMENT CLINICS; REGULATION  

 

SB1039 requires pain management clinics located in private offices or clinics of licensed healthcare providers to comply with DHS licensure, supervision, regulation and control requirements.

 

League Position: SUPPORT

 

First sponsor: Sen. Brophy McGee (R - Dist 28) 5/7
signed by governor. Chap. 184, Laws 2019.
S1147:
TOBACCO PRODUCTS; VAPOR PRODUCTS  

 

 

 

 

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.

 

A strike-everything amendment was adopted in the House Health and Human Services committee that increases the age for purchasing tobacco and vaping products to 21 and contains a state preemption that the sale and regulation of these products is an issue of statewide concern.

 

League Position: OPPOSE – The preemption language in the strike-everything amendment will void all city and town ordinances establishing smoke-free zones and ordinances that restrict sales and marketing of tobacco products in certain locations. Many cities ban smoking in public buildings and public property (parks, dog parks, city property, public stadiums, near building entrances, etc.). Others may restrict the marketing of tobacco or vaping products based on locations such as near schools. The strike-everything amendment will preempt all these restrictions.

 

First sponsor: Sen. Leach (R - Dist 11) 5/15
House COW approved with amend #4911 and floor amend #5096. NOTE SHORT TITLE CHANGE.
S1155:
REMOTE SELLERS; TAXATION; STUDY COMMITTEE  

SB1155 establishes a study committee to review the legal framework surrounding the taxation of remote sellers as a result of the South Dakota v. Wayfair decision.

 

League Position: OPPOSE There is already legislation introduced, HB2702 TPT; marketplace facilitators; nexus, that implements the US Supreme Court Wayfair decision as many other states have done, and SB1155 should not attempt to preempt that bill’s progress with confusion of a study committee.

 

First sponsor: Sen. Gowan (R - Dist 14) 3/4
Senate voted to reconsider 2/28 failure to pass bill; date of second vote to be set by president.
S1165:
WIRELESS COMMUNICATION DEVICE; DRIVING; PROHIBITION  

 

SB1165 will prohibit drivers from holding or supporting with any part of their body a cell-phone or electronic device to write, send, or read any text-based communications unless the driver uses voice-to-text features. It also prohibits talking on a wireless device unless the driver is using an earpiece, headphone device or a device worn on a wrist. Exemptions in the bill include using a cellphone to call 9-1-1, swiping or tapping a device to activate a feature, among others. Beginning January 1, 2021, violations of the law will be civil penalties, subject to fines ranging between $75 and $149 for a first offense and between $150 and $250 for second or subsequent offenses. Violations causing serious injury or death is a class 1 misdemeanor. After the effective date of the legislation and before January 1, 2021, law enforcement is limited to issuing warnings to allow for drivers to become aware of the new state law; however, cities and towns with a current ordinance may continue enforcement and assess penalties for violation.

 

League Position: SUPPORT Cities and towns support a statewide ban on using cell phones while driving and have adopted ordinances to address this ongoing issue in their communities because a state law in this area had not been adopted.

 

 

 

First sponsor: Sen. Brophy McGee (R - Dist 28)
Others: Rep. Bolding (D - Dist 27), Rep. Bowers (R - Dist 25), Sen. Bradley (D - Dist 10), Rep. Campbell (R - Dist 1), Sen. Carter (R - Dist 15), Rep. Chavez (D - Dist 29), Rep. Espinoza (D - Dist 19), Sen. Fann (R - Dist 1), Rep. Friese (D - Dist 9), Rep. D. Hernandez (D - Dist 2), Sen. Navarrete (D - Dist 30), Sen. Otondo (D - Dist 4)
4/18
House COW approved with amend #4770 and floor amend #5017. FAILED to pass House 24-36.
S1186 (Chapter 186):
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) 5/7
signed by governor. Chap. 186, Laws 2019.
S1231 (Chapter 95):
PUBLIC SAFETY; RESIDENCY REQUIREMENTS; PROHIBITION  

 

SB1231 prohibits a law enforcement agency from hiring or contracting with a person or business to coordinate that agency's off-duty work assignments if the person or business is a broker providing off-duty law enforcement officers employment or the person has an agency license to operate as a private security guard service and has employees or clients who are licensed security guards or law enforcement officers.

 

League Position: NEUTRAL  

 

First sponsor: Sen. Boyer (R - Dist 20) 4/16
signed by governor. Chap. 95, Laws 2019.
S1241 (Chapter 304):
STATE PARKS BOARD; HERITAGE FUND  

SB1241 restores the Heritage Fund and makes yearly appropriations from lottery monies that are dedicated to state parks, outdoor recreation, trails and historic preservation, among others.

 

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)
6/7
signed by governor. Chap. 304, Laws 2019.
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) 5/15
referred to House rules only.
S1285:
CONSTRUCTION CONTRACTS; PUBLIC WORKS; PAYMENTS  

 

SB1285 applies private prompt payment statutes to public projects. It allows a contractor to suspend performance or terminate a contract for late payment with no express right to cure, moves the payment on final completion of a project from 60 days to seven days to approve or deny and 14 days after approval for payment, among other changes.

 

League Position: OPPOSE – The bill will establish redundant protections for subcontractors and material suppliers that are already addressed in current law with the requirement for payment bonds on public projects. The bill would allow a contract to be terminated mid-project, bypassing dispute resolution processes, and jeopardize the timely completion of a construction project that could be necessary for the public’s safety.

 

First sponsor: Sen. Borrelli (R - Dist 5)
Others: Sen. Fann (R - Dist 1)
4/3
retained on House COW calendar.
S1302:
APPROPRIATION; INTERSTATE 17; EXPANSION  

 

SB1302 appropriates $130M to expand the I-17 between Anthem and Black Canyon City.

 

League Position: SUPPORT – The League supports the expansion of this vital transportation corridor.

 

First sponsor: Sen. Livingston (R - Dist 22) 3/21
from House appro do pass.
S1305:
PEER-TO-PEER CAR SHARING  

 

SB1305 defines and regulates the P2P car rental business like a rental car transaction that is subject to all the consumer protection and tax and surcharge obligations the rental car industry must comply with.

 

League Position: SUPPORT – this bill allows the P2P car sharing economy to operate in Arizona while ensuring state and local TPT and tourism surcharge obligations are applied equally.

 

First sponsor: Sen. Livingston (R - Dist 22) 3/26
FAILED House com 3-5.
S1366:
COMMERCE AUTHORITY; DATA CENTERS  

 

SB1366, retroactive to September 12, 2013, expands the transaction privilege (TPT) and use tax exemptions for data center equipment to include rented or leased equipment. The bill also expands an existing TPT exemption for certain software to now include all software and software maintenance that is used for the operation or benefit of a certified data center. 

 

League Position: OPPOSED 

 

First sponsor: Sen. Mesnard (R - Dist 17) 3/27
from House ways-means do pass.
S1398 (Chapter 120):
MINIATURE SCOOTERS; ELECTRIC STANDUP SCOOTERS  

 

SB1398 defines electric stand-up and electric miniature scooters and provides operators of these devices all rights, privileges and duties of a person riding a bicycle. It applies the same statutory regulations for bicycles on these devices unless further regulated by a city or town, among other provisions.

 

League Position: NEUTRAL  

 

First sponsor: Sen. Pace (R - Dist 25) 4/22
signed by governor. Chap. 120, Laws 2019.
S1450:
NONNATIVE VEGETATION ERADICATION; GRANTS  

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)
3/28
from House land-agri with amend #4907.
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) 2/26
from Senate rules okay.
S1519:
FLOOD CONTROL DISTRICTS; PROCEDURES  

 

SB1519, among other provisions, will prohibit a county flood control district issuing a flood use permit from considering any adverse impact to private property in a floodplain that will result from the actions of the permittee.

 

League Position: OPPOSE

 

First sponsor: Sen. Kerr (R - Dist 13) 2/25
from Senate water-agri with amend #4351.
S1528 (Chapter 319):
VIDEO SERVICE PROVIDERS; LICENSE  

 

SB1528 makes changes to last year’s cable franchise reform legislation that will extend the time cities and towns have to issue video service licenses, increase the timeframe for reviewing license fee audits and require a video service provider to post a letter of credit for conducting work in local rights-of-way.

 

League Position: SUPPORT – the changes are necessary as the new law will take effect in 2020.

 

First sponsor: Sen. Carter (R - Dist 15) 6/7
signed by governor. Chap. 319, Laws 2019.