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APA Arizona Members:

Please find APA AZ’s  final bill position and tracking list for the 2011 Regular Session linked to this for your records and information.  Click here to download a listing of chapter laws from the 2011 Regular Session that may impact your operations. As you will note, the list is quite lengthy as we did not want to miss any new laws that may be of interest. All new laws become effective on July 20th of this year unless otherwise indicated.  We hope this listing of 2011 Chapter Laws is useful as you may need to prepare for implementation of these new Arizona statutes. 

Rob Lane
Vice President for Legislative Affairs
APA Arizona Chapter
(602) 256-4439
rlane@gblaw.com

Arizona Legislative Update: February 17, 2011

The Governor called the Legislature into special session this week to work on the long awaited Jobs Bill/Commerce Package discussed a few weeks ago.  The final package passed by the Legislature and to be signed by the Governor this evening makes $538 million dollars in tax cuts and includes the following:

  • Formally establishes the Arizona Commerce Authority and repeals the Department of Commerce.
  • Gradually reduces the Corporate Income Tax Rate beginning in 2014 and ending in 2018, from 6.9% to 4.9%.
  • Decreases commercial property taxes beginning in 2013.
  • Decreases agricultural property taxes beginning in 2017.
  • Exempts manufacturers from sales taxes for goods sold in other states beginning in 2014 (100% sales factor).
  • Increases tax exemptions for business equipment beginning in 2012 (Business Personal Property Tax Threshold).
  • Replaces the State’s enterprise zone program with a number of tax incentives.
  • Increases homeowner rebates.

Also this week the Speaker’s Public Pension Reform bill received a hearing.  Senator Steve Yarbrough has also introduced a package in the Senate which will be heard next week.  Both these bills will continue to be negotiated as they move forward and will result in a savings to the State budget.  Arizona also received news this week that we do not need to seek permission from the federal government to cut 250,000 people from our Medicaid rolls (the previously mentioned Proposition 204 population).  This will be part of the budget discussion expected to occur next week. 

This week was also the last week for the House of Representatives and the Senate to conduct committee hearings on bills in their chamber of origin. Next week most committees will not meet as they wait for bills from the opposite chamber to cross over.  Attached is an updated bill listing, please let us know if you have any questions, comments or concerns.

Arizona Legislative Update: Senate Bill 1525

The APA AZ Legislative Affairs Committee (the “Committee”) is opposed to Arizona Senate Bill 1525 (City; Town; Development Fees) due to possible unintended consequences on public infrastructure, facilities and services.  Senate Bill 1525 is scheduled to be heard by the Arizona Senate Government Reform Committee this Wednesday at 9:00 a.m.

At this time, the Committee encourages APA AZ members to review Senate Bill 1525 and submit comments regarding the bill to their respective representatives.  Contact information for State Senators and State Representatives may be found on the following websites:

www.azleg.gov/MemberRoster.asp?Body=S
www.azleg.gov/MemberRoster.asp?Body=H

Senate Bill 1525 is attached to this correspondence for your information.

Legislative Affairs Committee
Arizona Chapter, American Planning Association

Arizona Legislative Update: January 27, 2011
APA Arizona’s summary of the 50th Legislature’s third week is provided below for your information.

This week both houses of the Legislature moved bills to the floor for discussion (Committee of the Whole) and a final vote.  They also placed the second bill on the Governor’s desk pertaining to the Tohono O’Odham Nation’s plans to build a casino in Glendale.  On Tuesday, Governor Brewer officially submitted Arizona’s request for exemption from the federal mandate requiring states to maintain Medicaid eligibility levels.  If granted this exemption, it would allow lawmakers to cut $541.5 M out of the AHCCCS budget.  Both the House and Senate Appropriations committees are in the process of hearing budget presentations from the respective state agencies, but have not discussed a legislative proposal yet.

We attended the House Government Committee this week and submitted comments on HB 2005 Subdivisions; Acting in Concert on behalf of APA. We opposed the underlying bill but supported adoption of the committee chair’s amendment. The amendment embodied the changes proposed by county planners with the exception of the familial issue. The bill now heads to the House Rules Committee for a constitutional assessment.

An updated list of summaries for bills that APA AZ is following is attached for your information (click here).  A bill tracking list, including APA AZ’s positions on bills of interest to date, is also attached for your information (click here).

Arizona Legislative Update: January 20, 2011
The Capitol was buzzing with activity this week as Legislators took advantage of the first full work week.  It is clear that the focus this session will be on the budget as Legislators begin to work on solutions to resolve an $800M deficit for FY 2011 and a $1.4B deficit for FY 2012.  On Friday, Governor Brewer released her proposal which includes the following major reductions:

Medicaid*                                                           $541.5M
Universities                                                         $170M
Department of Economic Security                  $91M
Medicaid Provider Rate Reduction                 $89M
K-12                                                                      $83.7M
Community Colleges                                         $72.9M
Phoenix Convention Center Payment            $15M
Department of Juvenile Corrections              $7.2M

Legislative Leadership hopes to pass a budget by the 60th day of the session.

*On Tuesday, Governor Brewer called the 50th Legislature into its first special session to give her the authority to request a waiver of exemption from the federal maintenance of efforts requirements attached to Medicaid Funding (this would allow the Legislature to make the reductions mentioned above).  The Legislature passed the authorization bill today along party lines.

Click here for a list of summaries of the bills.

Arizona Legislative Update: April 30, 2010
After a crazy week of protests and being in the national spotlight regarding passage of the Immigration bill (Linda Ronstadt and Shakira even made guest appearances!), the Legislature completed work on the session yesterday evening.  This decision came to the Speaker’s dismay as he was unable to reach an agreement with the Governor and the President regarding his Jobs package.  In the final hours, the Legislature passed several bills and transmitted them to the Governor who will have 10 days to decide to sign, veto or let them go into effect without her signature.  Attached is a final bill listing. 

Click here for a list of bills of interest for discussion during the Committee meeting.

Arizona Legislative Update: April 22, 2010
Summary of the 49th Legislature’s (2nd Regular Session) actions of interest for the week of April 19, 2010 provided for your information.

This week the Arizona Legislature landed in the national spotlight over two controversial bills.  First is SB 1070 which makes changes to laws relating to the enforcement of immigration laws, failure to carry an alien registration document, day laborers, harboring or transporting illegal aliens and employer sanctions.  SB 1070 passed the Legislature on Monday and is currently on the Governor’s desk.  There have been many protests down at the Capitol urging her to veto the measure.  The second is SB 1024 which passed the House with an amendment that would require presidential candidates to submit documentation proving their natural born citizenship to get on the ballot.  The Senate has yet to take action on the House amendments.

Both Houses continue to quickly move bills through the process and to the Governor.  It is important to note that HB 2145 County Planning & Zoning and HB 2442 Greenhouse Gas Emissions; Regulation have passed and are currently on the Governor’s desk.  HB 2596 Free Exercise of Religion, which we opposed, passed out of the Senate with an amendment and will have to go back to the House for a Final Read.  SB 1135 Aggravated Assault; Code Enforcement Officer and SB 1195 Land Department; Fees; Funds which we supported, passed out of COW and are ready for 3rd Read in the House. 

Please note that SB 1070 was signed into law by the Governor subsequent to Dorn Policy Group providing the above summary for last week. Please also find a list of APA AZ’s positions on bills and resolutions of interest to date, as well as associated short summaries, attached to this e-mail for your information. 

Click here for a list of bills of interest for discussion during the Committee meeting. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: April 16, 2010
Summary of the 49th Legislature's (2nd Regular Session) actions of interest for the week of April 12th provided below for your information.

This week the Legislature continued to push bills through rules, caucus and the floor in hopes of adjourning the special session by the end of April or beginning of May. It is important to note that HB 2145 County Planning & Zoning passed out of Committee of the Whole.  HB 2442 Greenhouse Gas Emissions; Regulations, which we opposed, also had enough votes to pass out of Committee of the Whole.  SB1363 Eminent Domain; Governing Body; Vote and SB 1366 Eminent Domain; Relocation Assistance, which we also opposed, were retained on the calendar. 

On Wednesday, the Governor announced a new model for economic development that establishes a 15 member board consisting of business and community leaders to provide insight and expertise on targeted industries, such as solar, science, technology, aerospace and defense. Click here for the press release, click here for the report.  See page 33 for more detailed information regarding the make-up of the board and their responsibilities.  The report comes from a project spearheaded by the Governor’s Commerce Advisory Council. The Council traveled across the state to meet with businesses and organizations to garner their input.  We had the opportunity to participate in one of these meetings in Phoenix.

Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: April 9, 2010

Summary of the 49th Legislature's (2nd Regular Session) actions of interest for the week of April 5th provided below for your information.

This week was the last week for both Houses to hear bills in committees.  The Legislature also continued to move several bills to the floor and for a vote.  It is important to note that SB1359 Water Resources Dept; Fund, SB 1135 Aggravated Assault; Code Enforcement Officer and HB 2478 Development Fees, which we supported, passed out of committee.  HB 2464 Lease of State Parks, SB 1362 Eminent Domain; Attorney Fees; Interest, SB 1363 Eminent Domain; Governing Body; Vote and SB 1366 Eminent Domain; Relocation  Assistance which we opposed, had enough votes to pass out of committee. 

Click here for a list of bills of interest for discussion during the Committee meeting. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date. 

Arizona Legislative Update: April 2, 2010
Summary of the 49th Legislature's (2nd Regular Session) during the week of March 29th provided below for your information.

This week the Governor called the Legislature into its 8th Special Session to give her authority to sue the federal government regarding healthcare reform.  The Legislature completed the special session work this afternoon (Thursday, April 1st) and the Governor is expected to sign the bills.

The Legislature continues to rapidly move bills as the goal is to finish the session by the end of April. Next week will be the last week for committee hearings.

Click here for a list of short summaries for bills of interest that Dorn Policy Group is tracking on behalf of APA AZ. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: March 26, 2010
Summary of the 49th Legislature's (2nd Regular Session) actions of interest for the week of March 22nd provided below for your information.

With the budget complete, both Houses of the Legislature continue to move bills through the process.  Committees hearings continued this week and the Legislature moved bills rapidly through caucus and to the floor. It is important to note that HB 2428 County Zoning Hearings; Appeal which we supported, passed out of Senate Government.  HB 2596 Free Exercise of Religion, which Alan Stephenson testified against, had enough votes to get out of the Senate Judiciary committee on Monday. 

Click here for a list of bills of interest for discussion during the Committee meeting. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: March 19, 2010
Summary of the 49th Legislature's (2nd Regular Session) actions of interest for the week of March 15th provided below for your information.

This week the Legislature adjourned the special session and completed their work on the FY 2011 budget, totaling $8.9 B in expenditures.  All the bills have been signed into law by the Governor with the exception of the repeal of the TPT accounting credit which was not passed by the Senate.  The non-passage of the bill leaves a $20 million budget gap.  With the budget completed so early, there is talk that the Legislative session may adjourn in the next month or so.  We will have to wait and see.

Committees resumed this week.  It is important to note HB 2081 Department of Water Resources; Continuation, SB 1140 Counties; Board of Adjustment and SB 1206 Counties; Planning; Development; Districts; Admin, which we supported passed out of committee.  HB 2145 County Planning & Zoning also passed out of committee.  HB 2442 Environmental Regulation, which we opposed, did have enough votes to get out of committee. 

Click here for a list of bills of interest for discussion during the Committee meeting. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: March 12, 2010
Summary of the 49th Legislature's (2nd Regular Session) actions of interest during the week of March 8th provided below for your information.

Yesterday evening, the House passed the FY 2010-2011 Budget.  Essentially, they created two budgets, one which assumes the passage of Proposition 100, the sales tax increase to be voted on May 18th, and the second which assumes its failure.  It includes significant agency cuts and fund sweeps, cuts to K-12 and the universities, eliminates the Early Childhood & Development Education Board and sweeps monies from the Land Conservation fund (the last two items would be subject to voter approval).  The Senate also passed 13 of the 15 bills, they plan to vote the final two on Monday when they can ensure they have the votes. Only a few bills moved to the floor this week since most of the focus was on the budget.

Click here for a list of short summaries for bills of interest. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: March 5, 2010
Summary of the 49th Legislature’s (2nd Regular Session) actions of interest for the week of March 1st provided below for your information.

This week the Legislature suspended committee hearings to work on the budget.  They are working on what is being called “Alternatives to the Executive Plan.”  No word yet as to what that budget includes.  The Legislature will suspend committee action again next week as they continue negotiations.   Several bills moved to the floor this week for discussions and a vote. 

It is important to note that HB 2574 Renewable Energy Districts, which we support, passed out of the House.  Click here to view an updated bill listing to reflect only those bills which are moving through the process.  If any of the bills appear odd, they are likely strike-everything amendments which will change titles once adopted on the floor.  We have included these for tracking purposes. 

Click here to view a list of bills of interest for discussion during the Committee meeting. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date. 

Arizona Legislative Update: February 26, 2010
Summary of the 49th Legislature's (2nd Regular Session) during the week of February 22nd provided below for your information.

This week Legislative Leadership worked on the budget.  The Legislature will suspend committee action next week to continue negotiations. 

As you know, we had a very nice turnout on Thursday for Planner’s Day. Several legislators came out and chatted with members during the display session.  We also heard presentations from the State Land Department, the Speaker’s staff and Representative Rick Murphy. 

This week also concluded the final hearing on bills in their house of origin.  It is important to note that SB 1195 Land Department; Fees; Funds and SB 1359 Water Resources Dept; Fund which we supported passed committee.  SB 1240 Municipalities; Counties; Land Use Planning and HB 2786 Lease of State Parks, which we opposed, were held.  SB 1366 Eminent Domain; Relocation Assistance which we also opposed passed committee 5-2.  Please let us know if you have any comments, questions or concerns with any of the other bills on the tracking list.

Please also be advised that HB 2701 was withdrawn on Thursday by Rep. Debbie Lesko, who introduced the bill. HB 2701 was viewed as a significant threat to Arizona’s burgeoning solar industry.  APA AZ opposed HB 2701.

It is also important to note that the Board of Directors did not approve the Committee’s recommendation to support HB 2145 with amended language.  Per the Board’s direction, the Chapter is to remain neutral on HB 2145 at this time and pursue discussions with CSA and the League of Arizona Cities and Towns in effort to identify other options for conserving resources (e.g. eliminating the voter approval requirement), focus on updating key plan elements (e.g. land use, circulation, open space etc.), add teeth to existing plan update statutory requirements (e.g. define update planning process, eliminate ability to readopt existing plans w/out going through an update process, specify enforcement measures for updating plans), and encourage Council of Governments and Metropolitan Planning Organization's to provide assistance for cities and towns that would otherwise be unable to satisfy the update requirement. Please let me know if you have any questions regarding the Board’s action.

Click here for a list of short summaries for bills of interest that Dorn Policy Group is tracking on behalf of APA AZ. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date.

Arizona Legislative Update: February 18, 2010

Summary of the 49th Legislature’s (2nd Regular Session) actions of interest for the week of February 15th provided below for your information.

Today (February 18th), the Legislature held a joint appropriations hearing to compare the “phantom” budget proposal to the executive’s.  The “phantom” budget is rumored to be the work of both moderate conservatives and democrats, although no particular Legislator will admit to authoring the options.  The proposal does not include any cuts and consists mainly of tax increases to repay current debt from the sale-leaseback of state properties, sales tax revenue and securitization of lottery funds. 

Committees this week held very lengthy meetings, trying to hear as many bills before the deadline at the end of next week.  It is important to note that SB 1363 Eminent Domain; Governing Body; Vote and SB 1357 Rezoning; Majority Vote both passed out of committee. 

Please click here for a report listing possible bills of interest. Click here for a list of APA AZ’s positions on bills and resolutions of interest to date. Please note that “No Position” only means that the Committee has not determined a position for the respective bill or resolution but has expressed interest in continuing to track the bill or resolution. Click here to view a copy of amended language for SB 1357 (Rezoning; Majority Vote).

Arizona Legislative Update: February 12, 2010
This week the House passed the special session budget bills.  Yesterday, they narrowly voted in favor of the K-12 rollover, but required that its passage be contingent on the passage of the Speaker's Job Recovery Bill.  The Senate President did not want to move the Speaker's bill until after passage of the entire budget so the Legislature completed the Special session today without passing the bill.  The rollover will likely be included in the next round of budget bills.

We supported SB 1276 Water Monitoring Assistance Program; Continuation and HB 2574 Renewable Energy Districts which got out of committee this week.  It is also important to note that SB 1362 Eminent Domain; Attorney Fees; Interest and SB 1365 Eminent Domain Disclosure Violation also moved through committee.  The League of Cities and Towns, APS, Queen Creek, Avondale, the AG’s Office and ADOT were all opposed to both measures. 

Arizona Legislative Update: February 5, 2010

Dorn Policy Group’s legislative report for this week provided below for your information.

On Tuesday, the Senate passed five budget bills in response to the Governor’s call for the special session.  The budget bills would refer a 1 cent temporary sales tax to the voters, rollover education funding for K-12 and universities, allow for the additional sale-leaseback of state properties, reauthorize the state lottery to allow for bonding and make adjustments to tax deductions for nonresidents.  The House passed the sales tax referral and the special election bills this afternoon; however, the bill authorizing the special session lost its emergency clause.  The others have yet to be voted on. 

It is important to note that HB 2248 Western Climate Initiative; Prohibition which we opposed failed in committee.  HB 2297 City of Town Annexation, HB 2428 County Zoning Hearings; Appeal, HB 2449 Municipal Development Fees; Refunds, HB 2559 Development Fees; Proportional Share and HB 2285 City Building Permit Fee all passed out of the House Government Committee this week.

Click here for a report listing possible bills of interest for discussion and click here for a list of APA AZ’s positions on bills and resolutions of interest to date.  Please note that “No Position” only means that the Committee has not yet determined a position for the respective bill or resolution.

Arizona Legislative Update: January 29, 2010
Dorn Policy Group’s summary of the 49th Legislature’s (2nd Regular Session) activities for the week of January 25th provided below for your information.

This week the Joint Legislative Budget committee released a list of shortfall options which include cuts, fund transfers, rollovers and revenue options.  These options are not endorsed by any particular Legislator and are simply a “menu” to begin to sort through to resolve our $1.45B FY2010 budget deficit and begin to address the $2.59B FY2011 deficit.  No word yet on a Republican Legislatively endorsed budget.

Bills are still continuing to be introduced as committees are well underway and passing bills along.  Bills have also been scheduled for discussion and a full vote on the floor.  It is important to note that HB 2241, which we voted to support and allows qualified producers of renewable energy to receive up to a $2 million tax credit on the electricity they produce for up to ten years and limits the total amount of credits issued each year to $20 million in any given year, passed out of the House Water & Energy Committee on Thursday morning.

Click here to view a list of short summaries for bills of interest that Dorn Policy Group is tracking on behalf of APA AZ.

Arizona Legislative Update: January 21, 2010
Dorn Policy Group’s legislative report for this week provided below for your information.

On Friday, the Governor released her budget proposal (click here to view). Unfortunately her plan eliminates Growing Smarter payments and sweeps the Land Conservation Fund valued at $124M.  This week Legislators expressed both questions and concerns as they reviewed her proposal during a Joint Appropriations Hearing.  The Joint Legislative Budget Committee also presented and testified that they would need to meet with the Governor’s Office of Strategic Budget Management to review the deficit calculations as they have reached different conclusions.  No word on a legislative budget yet, but Republican leaders met this morning and will continue to do so next week as well.

Please also view Dorn Policy Group’s report listing possible bills of interest for discussion during today’s Committee meeting. 

Arizona Legislative Update: July 3, 2009
Please see the below legislative update provided by Dorn Policy Group.

Early this morning the Legislature passed several trailer bills to the June 4th budget plan.  Below is a comparison of both plans (in millions):

                                                                  6/4 Plan                        6/30 Plan

Estimated Shortfall                                            $3,143                              $3,164
General Fund Agency Reductions                  $631                                 $630
Payment Deferrals                                            $143                                  $160
Fund Sweeps                                                       $347                                 $262

Temporary Federal Assistance:

Medicaid Match Rate                                         $809                                 $816
Stabilization Fund                                               $428                                 $312
Additional Ongoing Revenue                             $51                                  $60
Asset Sale/Lease Back                                     $495                                 $735
Prison Concession Agreement                       $100                                 $100
Additional One-time Revenue                          $96                                    $90
AHCCCS Fraud Reduction                                 $50                                    In Cuts 

TOTAL - Budget Plans                                        $3,150                              $3,165

Remaining Balance/(Shortfall)                          $7                                      $1

In the final hours, Governor Brewer could not obtain enough votes for her proposed sales tax increase.  Also missing from the budget was the effort to change Arizona’s graduated income tax to a single rate of no more than 2.8% which we saw surface this week.  The so called “flat tax” proposal was an effort to buy conservatives’ votes on the tax increase, but ultimately backfired in the end.  Due to failure of the tax increase, the Governor has vetoed all but one of the budget reconciliation bills and has exercised several line item vetoes on the feed bill.  She has called the Legislature into special session on Monday.

Although vetoed, it is important to note that the budget trailer repeals the moratorium on the collection of development fees and places a two-year cap on existing development fees.  Some cuts to DOC were restored in the signed trailer feed bill. 

Following passage of the budget, both Houses wrapped up the bill process and adjourned session at 7:30am this morning.  Here is a final bill listing and committees position on bills to date.  The Governor has 10 days to sign, veto or let passed bills go into effect without her signature.  Following her action on the bills we will be compiling a comprehensive listing of all chapter laws of interest.

Arizona Legislative Update: June 19, 2009
Below is a summary of the week. We thought it may be best to wait to run a full report until after the Legislature completes bills tomorrow or Monday (see the summary below).

This week the Supreme Court opted not to intervene in the dispute between the Governor and the Legislature, commenting that the Legislature cannot delay presenting the bills to the Governor but that the case presented a unique set of circumstances. 

The Governor and the Legislature have reached a tentative budget agreement and both Houses have introduced a series of trailer bills.  The deal includes a two-part tax plan that flattens the individual income tax rate and refers the sales tax increase to the voters.  The House Appropriations committee will be hearing these bills tomorrow morning ,no word yet as to when the Senate will; however, the Legislature will likely not vote on the bills until Monday when one of the members returns from vacation.

The Legislature continues to move bills at warp speed this week and will hear more bills on the floor tomorrow.  We anticipate tomorrow or Monday will be the last day for bills as we are hearing rumors they will adjourn following passage of the budget trailer bills. 

Please be advised that we have also been informed that the strike-everything amendment to Senate Bill 1077 pertaining to State Trust Land reform does not appear to have the necessary votes for passage this year.

Here is a current list of the Committee’s positions on bills to date for your information. As referenced above, a full report in relation to bills being monitored by Dorn Policy Group on the Chapter’s behalf will be provided within the next couple of days.

Arizona Legislative Update: June 12, 2009
There has been significant activity in relation to bills at the State Legislature since the Legislature reached agreement on and passed a budget proposal for next fiscal year.  Dorn Policy Group’s summary of the 49th Legislature’s 22nd week is provided below for your information.

This week budget negotiations continued between Legislative leadership and the Governor’s office.  The Governor continues to push for her proposed sales tax increase; however, it does not appear as if she will have enough support for passage at this time.

The Senate was in full swing this week trying to expedite bills through the process and met today for their first bill floor session.  We expect voting on bills to begin Monday morning.  Committee chairman have stated they plan to hear another week of Senate bills and then one week of House bills.  It is important to note that SB 1399, Senator Cheuvront’s GPLET reform bill (which we opposed) and SB 1111 County Planning & Zoning Revisions (which we supported) passed out of committee. 

Here are a current list of bills and striker amendments that Dorn Policy Group staff is monitoring on the Chapter’s behalf and the Committee’s positions on bills to date for your information.

Arizona Legislative Update: June 5, 2009
There has been significant activity at the State Legislature this week, as the Legislature reached agreement on and passed a budget proposal for next fiscal year beginning July 1st.  The Senate approved the budget proposal early yesterday morning, with the House approving the proposal late last night. Unfortunately, the passed budget proposal is very problematic from APA AZ’s perspective. Dorn Policy Group’s summary of the 49th Legislature’s 21st week is provided below for your information.

This week the Legislature reached agreement and passed a budget proposal.  The package addresses a $3.15B shortfall and includes the following large ticket items:

Agency Cuts- $631M
Payment deferrals- $143M
Fund Sweeps- $347M
Federal Stimulus- $1.24B
Revenue- $147M
AHCCCS Fraud Reduction- $50M
Prison Privatization & Refinance- $595M

It is important to note several issues relative to planners contained in the proposal.  They include:
-  Significant cuts to the Arizona Department of Commerce that would likely eliminate the Office of Smart Growth
-  Highway User Revenue Funds shifts to the Department of Public Service and Arizona Department of Transportation Motor Vehicle Division
-  A $95 million shift from the Vehicle License Tax to the Arizona Department of Education

The GOP leadership has decided not to transmit the proposal to the Governor until further discussions occur for fear of a veto.  The Legislature could go into special session to make alterations to the plan.

President Burns assigned several bills to committee today which will begin hearings on Monday. 

Please also be advised that the Legislature, as part of the nine bills comprising the budget proposal, passed the striker amendment to Senate Bill 1035.  SB 1035 includes the following strike-all provisions: 1) a three-year moratorium on collecting any impact fees; 2) a three-year moratorium on increases to local construction sales tax rates, unless approved by the voters; 3) a three-year moratorium on applying new building codes to plats or plans approved prior to May 1, 2009; 4) restricting impact fees to only water, sewer, police, fire and streets; 5) prohibiting impact fees from being used for fire trucks, police cars and other necessary items associated with new development; 6) limitations on development agreements, tying the hands of developers who wish to work with the city to build needed infrastructure; and, 7) dramatic expansion of an already cumbersome implementation process. 

In effort to oppose SB 1035, APA AZ sent a letter dated June 4, 2009 via e-mail to all members of the House yesterday. Click here to view the letter. Click here to view a current list of bills.

Arizona Legislative Update: May 29, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 20th week is provided below for your information.

This week law makers were called into special session by Governor Brewer to address an Arizona Supreme Court ruling which ruled two voucher programs for foster care and disabled children unconstitutional.  The Legislature responded by approving a bill which creates new school tax credits to help those children attend private schools.  The measure passed the House and Senate 35-25 and 17-11, respectively.

Although Republicans placed the budget on hold this week, Democrats released their joint budget proposal. 

The House is continuing to schedule bills for Committee of the Whole and 3rd Read.  It is important to note that HB 2335 Improvement Districts; Renewable Energy, which we supported, passed through COW this week and is now ready for 3rd Read.  HB 2014 Municipalities; Exchange of Real Property; which we also supported passed the House 56-0.  It is now ready for the Senate which is at a standstill with bills.

Please also be advised that a striker amendment has been proposed for Senate Bill (SB) 1035.  SB 1035 includes the following strike-all provisions: 1) a three-year moratorium on collecting any impact fees; 2) a three-year moratorium on increases to local construction sales tax rates, unless approved by the voters; 3) a three-year moratorium on applying new building codes to plats or plans approved prior to May 1, 2009; 4) restricting impact fees to only water, sewer, police, fire and streets; 5) prohibiting impact fees from being used for fire trucks, police cars and other necessary items associated with new development; 6) limitations on development agreements, tying the hands of developers who wish to work with the city to build needed infrastructure; and, 7) dramatic expansion of an already cumbersome implementation process.  The SB 1035 striker has passed through the Senate Appropriations Committee. At this time, it is not known when SB 1035 will reach the Senate floor. APA AZ is very concerned about this bill and I will be drafting a letter addressed to state legislators expressing APA AZ’s opposition to the bill for submittal early next week.  Here is the full striker language for SB 1035, as well as The League’s fact sheet on the proposed impact fee moratorium.

Arizona Legislative Update: May 22, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 18th week is provided below for your information. As you will see, the Legislature’s focus remains on the budget.

On Wednesday, the Senate Appropriations committee passed a budget proposal by a vote of 7-4.  Click here to view the budget plan summary.  It includes:

Agency reductions- $661M
Rollovers- $153M (AHCCCS, DES, DHS)
Fund Transfers- $393M
K12 Shift to VLT- $190M
Federal Assistance- $1.1B
Prior-year carry forward stabilization fund- $248M
Additional Revenue- $241M
Fraud Reduction- $50M
Total: $3B

 It is important to note several issues relative to planners contained in the proposal.  They include:
-       Significant cuts (identical to the House budget proposal) to the Arizona Department of Commerce that would likely eliminate the Office of Smart Growth
-       A three-year moratorium on local government impact fees
-       Highway User Revenue Funds shifts to the Department of Public Service and Arizona Department of Transportation Motor Vehicle Division
-       A $190 million shift from the Vehicle License Tax to the Arizona Department of Education

Both Houses are still working on the proposal as well as obtaining votes before moving to the floor.  We will keep you posted on its progress.  Bills continue to move in the House, but no action has been taken in the Senate. 

In regard to the above referenced proposed budget cuts to the Arizona Department of Commerce (ADOC), please be advised that the APA AZ Board of Directors has drafted a letter addressed to State legislators expressing strong support for ADOC. Click here to view the drafted letter. It is anticipated that the letter will be delivered to all State legislators on Monday.

Here are a current list of bills and striker amendments that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here for a summary of the Senate budget plan and click here for a list of the Committee’s positions on bills to date.

Arizona Legislative Update: May 15, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 18th week is provided below for your information. As you will see, the Legislature’s focus remains on the budget.

This week the Legislature pushed through two budget bills dealing with education.  The State is required to make a payment to the school districts by Friday, May 15th.  If this payment were to be made, the State Treasurer would have to borrow the money as the state does not have enough cash in its general fund.  An adjustment was made that includes:

  • ·         A $100 million rollover for the state universities
  • ·         Appropriates $250 million in stimulus money to K-12
  • ·         Supplants approximately $300 million in State General Fund money to school districts with a
    formulaic requirement to spend outstanding cash balances

Still no word as to when they will resolve the entire budget, but this fix has begun to open lines of communication between the Governor and the Legislature.  (The Governor has been highly criticized for not communicating her intent for the federal stimulus dollars to the Legislature so that they may calculate numbers into the budget proposal).

The House continues to push bills through with no action in the Senate.  The Senate Natural Resources, Infrastructure and Public Debt Committee heard a presentation from the Arizona Rock Products Association (ARPA).

In regard to the above referenced ARPA presentation, please be advised that ARPA requested that State Senator John Nelson consider proposing an amendment to Senate Bill 1238 that would have the effect of requiring General Plans and County Comprehensive Plans, for counties with populations exceeding 125,000 persons, to identify undeveloped reserves of rock material suitable for extraction and use for future planned development. As you may recall, Committee members were asked to provide comments in regard to the proposed amendment via the April 27, 2009 legislative update e-mail for consideration for a letter to be submitted to Senator Nelson. Please click here to view the letter dated May 4, 2009 submitted by APA AZ to Senator Nelson regarding the proposed amendment.

Click here for a current list of bills and click here to view the striker amendments that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here for a list of the Committee’s positions on bills to date.

Arizona Legislative Update: May 8, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 17th week is provided below for your information.

On Tuesday, the House Appropriations committee approved the budget(click here to view). It consists of agency cuts, fund transfers, temporary federal assistance and non-tax revenue to include school district cash balances, city impact fee sweeps, county cash balances and fraud reduction.  Click here to view a summary of budget impacts to the Department of Commerce sent by the Office of Smarter Growth.  As the budget continues to move through the process, we will keep you posted. 

The House continues to move bills out but the Senate has yet to assign bills to committee.  We don’t expect to see any bill movement in the Senate until post-budget.

Here are a current list of bills and striker amendments that Dorn Policy Group staff is monitoring on the Chapter’s behalf, as well as a list of the Committee’s positions on bills to date.

Arizona Legislative Update: May 1, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 16th week is provided below for your information.

The draft budget proposal was released early this week.  It includes the following “large ticket” items:

1)     Usage of Federal Stimulus Monies- $497M to fill the FY 2009 Gap, $989M for FY 2010
2)     Spending Cuts- $670M
3)     Fund Transfers- $394M
4)     School District Excess Cash Balances- $300M
5)     Sweeping of County & City Funds- $265M

Although the budget cuts do not eliminate the DOC, they essentially gut the agency.  Figures and actions specific to Commerce in the budget proposal are as follows:

1)     Suspension of Agency operations while retaining Nursing ($2.6m) - general fund cut (Agency budget after Nursing retention is $3.9m. Proposed cut of $2m equals a 51% reduction in Agency budget in addition to reductions noted below)
2)     Lump sum cuts – (i.e. FTEs funded by CEDC, GADA, and Job Training, Workshops, etc.)
3)     DEQ – Recycling Salary Lump Sum Reduction (elimination of one Business Attraction FTE)
4)     Revenue Changes – elimination of Motion Picture Credit
5)     Various fund cuts – (i.e. CEDC, GADA, Job Training, Workshops, etc.)

A hearing on the municipal rebate portion was scheduled for Tuesday but was cancelled.  The entire budget is listed on the Senate Appropriations agenda for this coming Tuesday; however, there is a possibility this meeting will also be cancelled as both Houses are still counting votes on the new proposal. 

Although finished with committees, the House continues to move bills through the process with the hopes that they will eventually be heard in the Senate.  It is important to note that HB 2336 County Renewable Energy Districts, which we supported, passed through Committee of the Whole this week and is now ready for 3rd Read.  Senate committees continue to focus on executive nominations.

Yesterday, Governor Brewer announced that she is extending her rulemaking moratorium freeze until June 30, 2009. 

In regard to the proposed DOC cuts, please note that APA AZ is preparing a letter of support for the Office of Smart Growth.  In addition, Alan Stephenson will be sending out an e-mail on the APA AZ list serve in the near future requesting that members contact their respective legislators regarding the proposed cuts.

Here are the current list of bills and striker amendments that Dorn Policy Group staff is monitoring on the Chapter’s behalf, as well as a list of the Committee’s positions on bills to date

Arizona Legislative Update: April 27, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 15th week is provided below for your information.

This week the Senate Appropriations committee came up with a budget proposal; however, it was approx. $500M short.  The Senate is now being briefed on a new proposal which would close the gap and are shopping it for votes.  To our knowledge, this proposal does not include the Governor’s proposed tax increase so it will be interesting to see her reaction if this proposal does move through both Houses.

Both Houses this week passed two bills which would allow Arizona to meet certain federal stimulus requirements.  The first measure would change the redetermination period of AHCCCS eligibility from 6 to 12 months for childless adults enrolled in the program.  This change would allow Arizona to become eligible for $1.6-1.7B in FMAP funds.  The second measure would provide an additional 13-20 weeks of unemployment benefits to workers who exhaust their regular benefits.  These additional unemployment benefits would be fully funded by the federal government.

House and Senate committees continue to hear presentations while the Senate is moving executive nominations.  The House Water & Energy Committee heard a presentation on the history and purpose of the Central Arizona Project.  President Burns has said he will schedule bills to committees if he gets a commitment from members to vote in favor of the budget. 

Click here for a current list of bills and click here for striker amendments that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here to view a list of the Committee’s positions on bills to date.

Arizona Legislative Update: April 17, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 14th week is provided below for your information.

This week only a few committees choose to meet for presentations and executive nominations.   The House continues to push some bills though Committee of the Whole; however, have scheduled very few for 3rd Read.  Last Thursday, Speaker Adams and President Burns presented a general budget plan at a Greater Phoenix Economic Council function.  Included in their options were spending reductions, fund transfers, federal stimulus, privatization/concession agreements, asset sales, securitization and rollovers.  They stressed that rollovers are a better alternative to increasing taxes.   We are still awaiting to see how these options will play out amongst the Republican caucus.     

Click here to view a current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here for a list of the Committee’s positions on bills to date.

Arizona Legislative Update: April 10, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 13th week is provided below for your information.

This week only a few committees choose to meet for presentations and executive nominations.  The Senate Natural Resources, Infrastructure and Public Debt committee heard a  presentation by the Maricopa Association of Government.  With bills still not being assigned in the Senate, members are becoming very antsy.  House members are beginning to feel the same as they are only moving a few bills through Committee of the Whole and even fewer to 3rd Read.  With budget negotiations still not reached, everyone is beginning to wonder what may become of bills this year.  There are rumors that Senate committee chairman may be asked to pick three or so; however, no one seems to know how this will play out in the House or amongst house bills.  As we receive more information, we will keep you updated.

Click here for the current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here for a list of the Committee’s positions on bills to date.

Arizona Legislative Update: April 3, 2009
Dorn Policy Group’s summary of the 49th Legislature’s 12th week is provided below for your information.

This week negotiations continued on the FY 2010 budget.  Both Houses passed a measure that would conform Arizona’s tax statutes to the 2009 Internal Revenue Code (an annual exercise).  Additionally, a few committees met to hear presentations.  The House Transportation and Infrastructure Committee heard a presentation from ADOT regarding HURF, the budget deficit and the stimulus package and MAG presented on our projected needs, proposition 400 and how the Metropolitan Planning Organizations function.  We will obtain copies of these presentations for your review. 

Click here to view the current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here for a list of the Committee’s positions on bills to date. Please be advised that the next Committee meeting is scheduled for Friday, April 17th at 12:00 p.m.  Also, congratulations to Dorn Policy Group for being named one of Arizona’s top lobbying firms by the Arizona Capitol Times.

Arizona Legislative Update: March 27, 2009
Dorn Policy Group’s summary of the 49th Legislature’s eleventh week is provided below for your information.

This week the Legislature continued to focus on the 2010 budget.  On Thursday, a draft plan of options were leaked to the press (click here to view).  A summary is listed below:

General Fund Spending Reductions- $740M: Dept. of Ed: $330 M, AHCCCS: $103M, Universities: $40M, Dept. of Corrections: $38 M, Dept. of Economic Security: $99M, Dept. of Health Services: $45M, Community Colleges: $4M

Fund Transfers- $359M 
Medicaid Match Rate- $773M
Stabilization Fund- $500M
Additional Revenue- $33M
Totaling $2.4 B
Remaining Shortfall- $466 M 

Senate committees continued to meet for presentations and executive nominations while a few House committees met for presentations.  The House appropriation committee also met to discuss a few non-budget related bills.

Click here to view the current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here for a list of the Committee’s positions on bills to date.

Arizona Legislative Update: March 20, 2009

This week was all about the budget as both House and Senate members meet with leadership to discuss the 2010 options behind closed doors.  Senate committees continued discussion of the federal stimulus along with presentations and executive nominations while most House committees chose not to meet.  Both Appropriations committees conducted budget hearings on the Supreme Court, Superior Court, the Department of Corrections and the Department of Health Services.  The House Appropriations committee also met to recommend a few additional but non-budget related bills.  Also this week, both Houses attempted to pass a measure extending the deadline for school districts to give notice of intent not to offer a new contract, offer a new contract or reduce salaries of certain certified personnel (as a preemption to budgetary reductions) but the measure could not obtain enough votes to pass with the necessary emergency clause.

Click here for the current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here to view a list of the Committee’s positions on bills to date. To view a list of the Chapter’s legislative priorities for 2009 click here

Arizona Legislative Update: March 17, 2009
This week House Committee chairmen were given the option to meet if they would like.  A few took advantage of this.  Presentations on the federal stimulus package continued in the Senate.  Both appropriations committees conducted agency budget hearings on the Department of Public Safety/Law Enforcement Merit System Council, Game and Fish Department, Automobile Theft Authority, Criminal Justice Commission, State Retirement System, Commission on the Arts and the Department of Financial Institutions.  Additionally the House Appropriations committee heard presentations on the Department of Revenue, the Department of Transportation, GITA and the State Board for Charter Schools (a holdover from last meeting).

Thursday evening, the Legislature and the Governor reached agreement on a 2009 budget revision that restores budget reductions to various agencies, repeals funds transfers and makes supplemental appropriations.  The purpose of this provision was mainly to appropriate the $18M from the Child Care Development Fund Block Grant (contingent on receiving monies from the American Recovery and Reinvestment Act) to the Department of Economic Security to maintain existing child care services.

Click here for the current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf and a list of the Committee’s positions on bills to date is attached for your information. 

Arizona Legislative Update: March 6, 2009

On Wednesday, Governor Brewer addressed the Legislature in a rare joint session.  She laid out her five point plan to solving the state’s current fiscal solution:

1) Structural budget reform-an increase in size and a formula driven restricted use of the Rainy Day fund,
restriction and limits on the routine utilization on fund sweeps and a commitment to a fair and honest revenue process
2) Improve Proposition 105: The Voter Protection Act- providing fiscal flexibility during times of crisis instead of banking funds for future enhancements
3) Additional Spending Cuts accumulating $1B
4) Reform and Modernization of Arizona’s Tax Structure- Tax reduction that would begin in 2012 and build a more friendly tax code that would create high wage, sustainable jobs and attract investment capital
5) Temporary Tax Increase Increasing State Revenues by $1B a year

Reactions from Senate Leadership as well as Speaker Adams seem to be favorable on four out of five points, with disagreement on the fifth.  It is important to note that the following Legislators have signed a “no tax” pledge: Sylvia Allen, Bob Burns, Pamela Gorman, Ron Gould, Chuck Gray, Linda Gray, Jack Harper, John Huppenthal, Barbara Leff, Al Melvin, Russell Pearce, Steve Pierce, Jay Tibshraeny, Thayer Verschoor, Kirk Adams, Frank Antenori, Cecil Ash, Ray Barnes, Nancy Barto, Andy Biggs, Tom Boone, Judy Burges, Sam Crump, Adam Driggs, David Gowan, Laurin Hendrix, John Kavanagh, Bill Konopnicki, Debbie Lesko, Steve Montenegro, Rick Murphy, Warde Nichols, Doug Quelland, Carl Seel, David Stevens, Andy Tobin, Jerry Weiers, Jim Weiers, and Steve Yarbrough.

The Senate committees continue to review the federal stimulus package and hear presentations while House committees heard a combination of both bills and presentations.  The Appropriations committees conducted budget hearings on the Department of Education, the School Facilities Board, Arizona State Schools for the Deaf and Blind and AHCCCS.  Additionally, both committees heard presentations on the Secretary of State, Office of Tourism, Department of Agriculture, the State Lottery Commission, GITA and the Senate Appropriations Committee heard presentations on the Department of Revenue and the Department of Transportation.

It is important to note that HB 2335 Improvement Districts; Renewable Energy and HB 2336 Community Facility Districts; Renewable Energy, which we supported passed out of the House Government Committee.

Click here for a current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf. Click here to view a list of the Committee’s positions on bills to date. Click here for a list of the Chapter’s legislative priorities for 2009. 

Arizona Legislative Update: February 27, 2009
This week discussions at the Legislature continued to center around the federal stimulus as both bodies and the Joint Legislative Budget Committee are carefully reviewing the funds and stipulations.  The Senate heard presentations surrounding border crime and violence, graduate medical education, tribal education, Teach for America , university growth funding, the Arizona Division of Occupational Safety & Health and the motor vehicle pool for Maricopa Community Colleges, ASU, NAU and Uof A.  The House continued to hear bills and the Public Employees, Retirement and Entitlement Reform Committee heard a presentation regarding the Hidden Healthcare Tax.  The Appropriations committees conducted budget hearings on the Attorney General, Corporation Commission, Department of Commerce, Department of Administration, Department of Housing, the Radiation Regulatory Agency, community colleges, School Facilities Board and the Department of Economic Security.  Additionally, the House Appropriations committee heard presentations on the Department of Mines & Mineral Resources and the State Board of Psychologist Examiners.

As you know, Planner’s Day was Thursday at the Capitol.  The event was a huge success and we had 16 elected officials attend! Also of importance to note is that HB 2336 Community Facility Districts; Renewable Energy which we supported passed out of the House Water and Energy Committee. 

Click here to view the current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf and a list of the Committee’s positions on bills to date is attached for your information.  

Arizona Legislative Update: February 20, 2009
This week the Legislature continued discussing options for the FY 2010 budget.  Both Appropriations committees heard presentations from JLBC regarding the State Treasurer, the Department of Environmental Quality, the Department of Liquor Licenses & Control and the Department of Water Resources.  While President Burns is standing strong on his promise not to assign bills until the passage of the budget, Speaker Adams has allowed for the scheduling of a few bills for Committee of the Whole.

JLBC also gave a presentation to a special Joint Appropriations committee Thursday afternoon regarding the Federal Stimulus Package and its Impact to Arizona.  If accepted by the Governor, Arizona could receive $4 billion.  The Medicaid provisions of the bill could generate $500 million in FY 2009, $700-$775 million in FY 2010 and $400 million in FY 2011.  (Keep in mind that the FY 2009 budget factored in $500 million in federal assistance.)  The Stabilization Fund could provide $1 billion through 2010 for K-12 and Higher Education.  Additionally, there may be another $1.5 billion in secondary federal assistance to programs, although these monies are not likely to help reduce the budget shortfall.

There are still many unknowns regarding the stimulus package and interestingly enough Arizona is one of the few states in which the funds must be accepted and distributed by the Governor, as opposed to the Legislature.  Legislators are interested in learning more information and analyzing what impact this will have on the FY 2010 budget.

It is important to note that H2335 Improvement Districts; Renewable Energy, which we supported, passed out of the House Water & Energy Committee Thursday morning. 

Arizona Legislative Update: February 13, 2009
This week committee hearings consisted of presentations in the Senate and bills in the House, although pressure is mounting on President Burns to begin assigning bills to committees as deadlines near. The Appropriations committees heard budget presentations on the Department of Juvenile Corrections, the Department of Revenue, the Department of Veterans' Services, the State Mine Inspector, the Commission on Postsecondary Education and the Department of Homeland Security, all which we assume will come into play in discussions surrounding the 2010 budget.

The Senate Commerce & Economic Development Committee heard a presentation by the Office of Tourism while the Senate Public Safety and Human Services continued the discussion from last week regarding the "First Things First" program. The Senate Fianance committee heard presentations regarding the Rio Nuevo tax increment, tobacco tax enforcement and the motion picture tax credits. The Senate Education Accountability & Reform Committee heard presentations by the School Facilities Board, JLBC and ATRA. Committees in the House hashed out controversial bills dealing with public notification statutes, workers' compensation and towing.

The current list of bills that Dorn Policy Group staff is monitoring on the Chapter's behalf is attached. To view a list of the Committee's positions on bills to date, click here.

Arizona Legislative Update: February 6, 2009
Business resumed to normal this week after passage of the 2009 budget early Saturday morning.  Presentations continued in both the Senate and House Committees; however bills have yet to be assigned in the Senate.  Several bills were heard in committee in the House this week but Speaker Adams has not yet scheduled bills for the floor.  Discussion of the 2010 budget began as committees and caucuses discussed the fate of state agencies and programs such as the Department of Commerce, the Department of Economic Security, the Department of Homeland Security and the Early Childhood and Development fund.  Lawmakers also debated the constitutionality of sweeping voter-approved funds in the 2009 budget such as to the Arizona 21st Century Competitive Initiative Fund.

Senator Leff held a hearing on the Department of Commerce in her committee this week.  She stressed her support of the Department and urged members to discuss with those not in committee the numerous functions it performs.

The current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf is also attached for your information.

Arizona Legislative Update: January 23, 2009
Dorn Policy Group’s summary of the 49th Legislature’s second week is provided below for your information.

This week marked the beginning of committee hearings in both the House and Senate.  President Burns has stated that he will not be assigning any bills to committees except those directly related to the budget, until both FY ’09 and  FY’10 are passed.  Senate Committees this week held several presentations.  Speaker Adams has decided to assign bills to committees but has stated that he will not be allowing bills to reach the floor until after passage of the budget.  We will likely see more components of the budget unfold in the coming week.

On Wednesday, Governor Jan Brewer took office.  It is rumored that she will not submit recommendations to the Legislature for FY ’09 but has been working with the Joint Legislative Budget Committee to communicate her desires.  It is unclear whether or not she will present a balanced budget to the Legislature for FY 2010. 

We will be keeping a close eye on S111, which makes revisions to county planning and zoning statutes.  Since it is a Senate bill non-essential to the budget we expect it to move slowly.

The current list of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf is also attached for your information.

Arizona Legislative Update: January 21, 2009
Dorn Policy Group serves as the chapter's legislative policy advisor. Their summary of the 49th Legislature’s first week is provided below for your information.

The 49th Legislature convened on Monday and Governor Napolitano gave her final State of the State Address.  This week was all about the budget as President Burns and Speaker Adams held several presentations and panels for members.  On Tuesday, members of the Finance Advisory Committee along with State Treasurer Dean Martin presented Legislators with information regarding the current fiscal crisis.  Later that afternoon members were also briefed on K-12 and University spending.  On Wednesday, business leaders were given the opportunity to share the impact of the economic crisis on their businesses.  The Joint Legislative Budget Committee (JLBC) also met to discuss revenues and projected shortfalls for FY ’09 ($1.6B) and FY ’10 ($3B).  On Thursday, county and city government were invited to share the impact of the economic crisis on local government and JLBC delivered the Appropriations Chairmen’s budget options to Legislators.  Today, Governor Napolitano released her balanced budget proposal (click here to view). 

The above referenced budget proposal and the current listing of bills that Dorn Policy Group staff is monitoring on the Chapter’s behalf is attached for your information.  In regard to Governor Napolitano’s budget proposal, please be advised that Secretary of State Jan Brewer is scheduled to take the oath of office as Arizona’s 22nd governor shortly after 3:00 p.m. today.

Please let me know if you have any questions.  I look forward to serving the chapter membership over the coming year.

Sincerely,

Rob Lane
Vice President for Legislative Affairs
APA Arizona Chapter

_________________________________________________________________________________

Click here to download links to all state statutes governing planning in Arizona.

Dear AzPA Members: Early voting for the November 4, 2008 general election officially began last Thursday.  Many of you may already be in receipt of your mail-in ballots or will be in the near future.  For this reason, the Arizona Planning Association Board of Directors would like to advise that subsequent to reviewing the eight (8) propositions on the general election ballot during its last meeting, the Board voted to oppose Proposition 105 (Majority Rules – Let The People Decide) and Proposition 200 (Payday Loan Reform Act).  The Arizona State Legislative Council provided the following analysis of these propositions:

Proposition 105:  Proposition 105 would amend the Arizona State Constitution to provide that an initiative measure that establishes, imposes or raises a tax, a fee or other revenue or mandates a spending obligation on a private person, a labor organization, other private legal entity or this state shall not become law unless the initiative measure is approved at the election by a majority of qualified electors registered to vote in the state.

Proposition 200:  Currently, state law regulates companies that provide deferred presentment services.  Deferred presentment is a service where a company makes a loan to a customer, accepts the customer’s check in return and agrees to hold the check for at least five days before presenting the check for payment or deposit.  These services are more commonly known as “payday loans”.  The deferred presentment licensing programs in the current law is set to terminate on July 1, 2010.  Proposition 200 would continue to allow deferred presentment services indefinitely because it would repeal the program’s termination date.

The Board opposes Proposition 105 for the following reasons. If passed, the proposition will make it nearly impossible for some initiative measures pertaining to planning related interests, such as the financing of state-wide transportation infrastructure enhancements, to be passed.  Furthermore, the proposition discourages participatory democracy.  If passed, the proposition would essentially punish qualified registered voters casting ballots by automatically counting registered voters who do not cast ballots as no votes.

The Board opposes Proposition 200 for the following reasons.  The Board believes that the proposition represents a fundamental misuse of the initiative measure process and that the regulation of the deferred presentment licensing program should be addressed through the state legislative process.  The Board’s opposition to the proposition should not be interpreted as being reflective or suggestive of opposition to payday loan service uses.

Please remember to vote on or before November 4th.

Sincerely,
Rob Lane AzPA
Vice President for Legislative Affairs

Final 2007 Legislative Session Laws Follow the links below to download the final 2007 session laws from the Arizona State Legislature as well as a brief powerpoint summary from the Dorn Policy Group. The session lasted 164 days (tied for longest session) and 1,434 bills were introduced. 296 bills were signed into law by Governor Napolitano and 22 were vetoed. The general effective date for the new laws will be September 19, 2007. Click here for Final 2007 Legislative Session Laws and click here for powerpoint summary.

Arizona Legislative Update--June 11, 2007
The legislative process is moving very slowly. There were no public meetings or floor session in the House or Senate from last Tuesday to Thursday as legislative leaders continued meeting in private to discuss the budget. The House Appropriations Committee is scheduled to discuss the Senate version of the budget on Thursday and is expected to make many changes in a lengthy hearing. In short, a budget isn’t expected to reach the Governor for several weeks. With several other significant issues still in the legislative mix (employer sanctions, air quality, state trust land), sine die (session adjournment) won’t be for several weeks. Regarding the state trust land issue, Representative John Nelson (R – District 12) continues to work with Democrats on details of the bill. A vote on the issue may not happen this session.

Governor Napolitano has allowed the fire service mandate bill to go into effect without her signature. HB 2780 mandates that Maricopa County cities provide fire service to the county islands that form noncontiguous county island fire districts within their municipal boundaries if a voluntary contract cannot be executed. The general effective date will be 90 days after the end of the legislative session. (which at this point appears to be a distant horizon!).

The Governor stated that the bill “is not the best solution to the county fire island problem in Maricopa County, but it is an improvement over the status quo.”

A copy of HB 2780 and the latest bill summary sheet from the Dorn Policy Group is attached for your information. Please let me know if you have any questions.

Arizona Legislative Update--May 21, 2007
The budget continues to be the main focus of the legislature. Last Wednesday, the Senate’s budget proposal (endorsed by the Governor) passed with little opposition. During the vote, floor speeches by members from both sides of the aisle commended the Senate President for his leadership and inclusiveness during the negotiation process. The vote took place in the wake of the House’s failure on Tuesday to adopt its own version of the budget.

The Senate version of the budget contains some transportation elements as part of a budget reconciliation bill that includes $10 million for the “Roads of Regional Significance Congestion Mitigation” fund and extends the repayment of State Highway Fund bonds from 20 to 30 years. It also included a transfer of $62 million from the State Highway Transportation Fund to the Statewide Acceleration Needs (STAN) account.

Other updates-

HB2638- ENERGY PLANS; COUNTIES & MUNICIPALITIES-

This bill as amended by Senator Tibshraeny moved this week and will require all cities with a population greater than 50,000 to have an energy conservation element in their General Plan. The effected cities include: Phoenix, Tucson, Mesa, Glendale, Scottsdale, Chandler, Gilbert, Tempe, Peoria, Yuma, Surprise, Avondale, Flagstaff and Lake Havasu City. All other cities and towns may comply with the requirement.

The Governor has signed 221 bills and one was transmitted to the Secretary of State without signature. A list of enactments is attached for your information (click here to view the list). The updated bill list from the Dorn Policy Group is also attached for your review.

Arizona Legislative Update--April 23, 2007

Arizona Legislative Update--April 13, 2007

Arizona Legislative Update--April 6, 2007
There are two bills working through the legislature that I want to highlight H2369--Sign Walkers and HCR 2039 - Arizoina State Land Reform

Arizona Legislative Update--March 22, 2007
The State Land bill (HCR 2039) continues to move through the process and a summary of the provisions are available for review. We are still waiting to see a map of the proposed conservation lands, and will pass that along as soon as possible.

The sign walkers bill continues to move quickly (HB 2369) and you should actively write your representative to oppose this bill. It will preempt local control over sign walkers among other changes. A summary of this bill is also available for review. You can locate your representative at the below address to send them a quick email letting them know your opposition to the bill. By clicking here you can review HCR 2039 and HB 2369.

Arizona Legislative Update--March 19, 2007
Attached is a summary of the bill list from Dorn Policy Group for this week. Click here to view summary. It appears that it will be a long session as the Legislature does not seem to be moving ahead as quickly as some had hoped.

There willbe some transportation related bills that come out concurrent with or a part of the budget. There is not a large tax surplus this year, so a significant cash infusion like last year will not happen. However, the blue ribbon committee and the bonding capacity extension bills seem to have good support. The bonding capacity bill will refinance the debt and provide some funding for immediate use.

Representative Nelson has introduced striker language to HCR 2039. It is now a state trust land reform bill. It partially addresses the county street right-of-way issue and preservation of some lands for conservation. At this point the County Supervisor's Association is requesting additional language to clarify the right-of-way issue and we have not seen a map of the areas to be included for preservation. We do not know how this compares to previous lands desired for conservation. Click here to view a copy of the bill.

The impact fee bill SB 1423 is the result of significant discussion between the League, Arizona Homebuilders Association and others.

Arizona Legislative Update--January 19, 2007

Arizona Legislative Update--May 12, 2006

Arizona Legislative Update--May 9, 2006
The Legislature is primarily focused on the budget and immigration issues, so we will have to wait and see on some of the other bills.

Arizona Legislative Update--April 27, 2006

Arizona Legislative Update--April 20, 2006

Arizona Legislative Update--April 6, 2006

Arizona Legislative Update--March 31, 2006

Arizona Legislative Update--March 24, 2006

Arizona Legislative Update--February 23, 2006

Arizona Legislative Update--February 10, 2006

Arizona Legislative Update--February 3, 2006

Arizona Legislative Update--January 27, 2006

Federal Eminent Domain Legislation

Arizona Legislative Update--January 20, 2006

Arizona Legislative Update--January 17, 2006

Arizona Legislative Update--April 22, 2005
Attached is the weekly report. Tom reports that this week should be the week the Legislature adjourns.

Arizona Legislative Update--April 15, 2005

Arizona Legislative Update--April 1, 2005

Arizona Legislative Update--March 25, 2005
As you know, the budget has become a focal point. The Senate and House leaders had hoped to adjourn last week, but the Governor vetoed the budget (generally because of the all-day kindergarten issue and funding for an U of A medical facility in downtown Phx). So stay tune

Arizona Legislative Update--March 18, 2005

Arizona Legislative Update--March 10, 2005
The County Transfer of Development Rights is moving along with possible amendments as requested by the Homebuilders. Stay tuned!

Arizona Legislative Update--March 4, 2005
Of interest to many is the County Transfer of Development Rights Bill. HB2364). State Land Reform has some bills still floating, but will not arrive anywhere this year.

Arizona Legislative Update--February 18, 2005

Arizona Legislative Update--February 11, 2005

Arizona Legislative Update--February 7, 2005
SB1500 deals with State Trust Reform. It is not the package as set forth by the Ed Fox group. I understand that Rep. Nelson is also working on a bill.

Arizona Legislative Update--January 20, 2005
Bills to watch include 2146, 2131, 2132, 2169, 2364. There are also a couple of sign bills that attempt to address areas maintained by ADOT (2461 & 2462). These bills would allow local jurisdictions the ability to regulate the signs. HB 2146 is a tough bill for our profession. For those that have intergovs, you may want to chat with him or her about this bill.

Also do not forget about our 3rd Annual Planners' Day at the State Capitol. It is our opportunity to meet and greet legislators and their staff. Our role is to provide technical information on bills whenever possible. Please join us at this event to be held Feb. 17, 2005. We begin around 7:30 am by serving bagels and coffee on the House lawn. I will send out an agenda very soon.

Arizona Legislative Update--January 14, 2005
It's that time of year again. Attached a list of bills so far introduced. Of great interest is 2146. As always for more detail on a bill, please visit http://www.azleg.state.az.us/ or contact Tom Dorn or me at 623-773-7277. Thanks, Debra Stark

Growing Smarter Plus Legislation SENATE BILL 100
SENATE CONCURRENT RESOLUTION 1001 Citizen's Growth Management Initiative (PDF format)


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Revised: Monday, May 23, 2011 9:48 AM Kelly Butwinski