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HomeMy WebLinkAbout02/07/2006 Blue Sheet State Legislative Issues TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA February 7, 2006 AGENDA ITEM: K. 4 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Le2:islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletins, Issues 1,2 and 3 and "Your Voice at the Capito12006 State Legislators." With this packet is included the Arizona League of Cities and Town's Connection, introducing Ken Strobeck, the League's new executive direction. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/02/01!2006/2:38 PM IN THIS ISSUE The Governor Kicks Off The 2006 Legislative Regular Session ............... 1 County Island Fire Service Mandate To Be Heard . . . . Eminent Domain Under Attack First Day of Session . 2 Public SafetyfT ransportation Bonding Resolution Clears Committee ............ 2 Effort To Mandate Local Water Rate Setting Authority Thwarted . . . . . . . . . . . . . . 3 Development Sales Tax . . . 3 League of Arizona ~II~ Cities AND Towns Legislative Bulletin is published by the League of Arizona Cities and Towns. FOIward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix. Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@mg.state.az.us Internet: www.azleague.org LEG ISLA liVE BU LLEll N Issue No.1 January 13, 2006 THE GOVERNOR KICKS OFF THE 2006 LEGISLATIVE REGULAR SESSION Monday marked the beginning of the 2006 legislative session with both the House of Representatives and the Senate convening for the first time. The day included the Governor delivering her State of the State Address in the House of Representatives. Legislators, state elected leaders and their guests were joined by many mayors, council members and city officials from around the State to hear what the Governor has planned for the upcoming session. Proclaiming that the State is strong, Governor Napolitano outlined her goals for making the State stronger. She asked to expand all-day kindergarten for anyone who wants it, addressed the issue of healthcare for Arizonans and pushed for pay increases for all teachers. She stressed the importance of a responsible budget that addresses the needs of the State but saves for inevitable rainy days as well. The Governor proposed some interesting economic relief plans, including a three day sales tax holiday on clothes and school supplies for back-to-school expenses and a decrease in the vehicle license tax, which would be linked to your car's gas mileage with cars with the best fuel economy being taxed less. The Governor's staff has assured us that cities and towns will be held harmless under their proposals, but nevertheless, we will watch them closely. On a good note, the Governor did include repayment of the revenues that were raided from HURF over the last several years with some of the surplus monies the State expects this year. She placed a great emphasis on border security, vowing to use state resources to protect Arizona from illegal immigration. She budgeted $100 million for the effort, which she indicated would include using local law enforcement in addition to requesting National Guard support from the federal government. The Governor demonstrated her support of the League goal of reducing methamphetamine production within our State by asking the Legislature for a tough meth bill that really addresses the issue. The Governor also addressed key League issues such as sex offender regulations and healthcare reforms to attract physicians to the area. She proposed electronic tracking of sex offenders and removing the statute of limitations on their crimes. She pushed for a new medical school in downtown Phoenix and an increase in the number of physician residency programs in the state as a way to attract and retain physicians. Overall, it appears that the Governor has her work cut out for her getting many of these proposals through this year's Legislature. Some are efforts from last year that did not make the final budget. In addition, many of the bills she vetoed last session are back and on a fast track through the Legislature and back to her desk. Legislative leadership has set a very tight goal for an 82-day session and most committees are already hearing bills this first week. As usual, the session is expected to be full of contentious issues that will likely make this early sine die goal unrealistic. * ACTION AlERP COUNTY ISLAND FIRE SERVICE MANDATE TO BE HEARD As a result of anticipated lost fire service from Rural Metro in some county islands, Representative Andy Biggs is pursuing legislation that would require the municipality surrounding an island to provide fire protection and would also set up a process by which the municipality is paid for the service. Representative Biggs has drafted five bills on the issue, HB2143, HB2144, HB214S, HB2146 and HB2147 which have all been scheduled to be heard in the House Counties, Municipalities and Military Affairs Committee next Tuesday afternoon. County Island Fire Service Mandate To Be Heard cont'd. There is a fundamental problem with municipalities being required to provide a municipal seNice outside of their jurisdiction. A city or town and its seNices are created by and for its residents. The residents also share the burden of paying for the development and operations of those seNices. Even if county island residents were to pay for the seNice they receive, the municipal residents will likely be subsidizing that seNice to some degree and the quality of seNice to municipal residents may diminish as a result of seNices provided outside the municipal boundaries. Providing seNices outside of municipal jurisdictions may also pose liability issues for cities and towns. The standards and conditions of infrastructure and buildings in unincorporated areas may also pose barriers and hazards for emergency vehicles and personnel. A city or town may not want to provide seNice to an unincorporated area so as not to encourage high levels of relatively unmanaged growth that may pose health, safety, or transportation congestion problems. ACTION REOUESTED: Some municipalities may decide to offer services outside of their boundaries and that discretion should continue. However, mandating that service is improper and may create a multitude of problems so please inform your legislators of your concerns before the committee hearing on Tuesday. EMINENT DOMAIN UNDER ATTACK FIRST DAY OF SESSION The first week of the legislative session also included an attack on eminent domain authority with several house bills and two concurrent resolutions sailing out of committee. Rep. Chuck Gray sponsored and heard five bills on this issue in his Federal Mandates and Property Rights Committee on Monday afternoon. Collectively, these bills encourage litigation which will potentially increase the cost of projects as well as causing considerable delays in their construction. Also, while economic development condemnation has generated all the recent controversy, the majority of these bills and resolutions would impact all condemnation actions, including roads, parks and other public facilities. Senator Linda Gray also introduced SB1 015, which addresses eminent domain by clarifying that condemnation for redevelopment must be for the removal of slum or blighted conditions. It was scheduled to be heard in the Senate Government Committee this week but was not considered by the committee. It was not indicated that the bill would be taken up at a later date. The following is a summary of the bills that passed out of the House Federal Mandates and Property Rights Committee this week: HCR2002: eminent domain; presumption: Places on the ballot for the next general election an amendment to the state Constitution establishing a presumption that all takings are for private use and the condemning authority must provide clear and convincing evidence to the contrary. HCR2003: takings; public use; jury determination: Places on the ballot for the next general election a provision allowing a private property owner to request a jury trial to determine if a condemnation action is for public use and to appeal a judge's decision that the property is for public use by requesting a jury trial. HB2062: eminent domain; fees; costs; interest: Allows the courts to award the payment of interest in addition to attorney's fees to the defendant in a condemnation action. Eliminates the owner-occupant residential requirement to demand a second appraisal. Specifies that fees and expenses associated with condemnation apply to real property, not just residential property. Eliminates the exemption for transportation projects, requiring the governmental entity condemning the property to pay relocation benefits and provide appraisals for property acquired for transportation purposes. HB2063: eminent domain; open meetings: Prohibits any consideration of records or discussions involving the exercise of eminent domain rights for economic development purposes from being held in executive session. HB2064: eminent domain; fees and costs: Requires the superior court to award all costs, jury fees and attorney fees to the defendant regardless of an economic redevelopment condemnation action's outcome. * ACTION AlEIlT* PUBLIC SAFETY/ TRANSPORTATION BONDING RESOLUTION CLEARS COMMITTEE HCR2001 is an important League resolution that increases the debt capacity for public safety and transportation projects from the 6% to the 20% level of your appraised value. The Mayors voted to make this a priority issue for the League, as it will enable cities and towns to prepare for the continued explosive growth in State population. An expanded bonding capacity will give municipalities the ability to adequately address public safety and transportation issues for their citizens. This expanded authority would still be subject to the passage of additional bond votes by the public. If this resolution passes through the Legislature, the issue will be placed on the next state ballot for the voters to decide. It passed out of the House Counties, Municipalities and Military Affairs Committee unanimously on Tuesday thanks in large part to the committee chairman and resolution sponsor, Representative John Nelson. However, it is dual assigned and will need to pass the House Government Reform and Government Finance Accountability Committee which meets on Wednesday afternoons. ACTION REQUESTED: It is anticipated that the bill will be heard next week so please contact the committee members: Chairman Bill Konopnicki, Jonathan Paton, Chuck Gray, John McComish, Rick Murphy, Ted Downing and Phil Lopes. LEGISLATIVE BULLETIN PAGE 2 January 13, 2006 EFFORT TO MANDATE LOCAL WATER RATE SETTING AUTHORITY THWARTED Another potential legislative effort to preempt local authority is SB1 044, Water; Wastewater; Sewer; Service Rates, which requires municipal water and wastewater rates to be "just and reasonable." We did not take issue with the bill as introduced but a problem developed when an amendment was crafted the night before a committee hearing on the bill that attempted to define "just and reasonable." This definition would have mandated a process by which rates would be structured and would have likely preempted some water conservation programs by eliminating the ability of providers to charge less to those who use less. The underlying bill passed out of the Senate Government Committee on Thursday and it is highly likely that there will be future efforts to define "just and reasonable." Thanks to Senator Harry Mitchell who was very outspoken in committee defending local authority and to Senators Bill Brotherton and Jake Flake for their defense of local water conservation programs. We will continue to keep you updated on future developments with this bill. DEVELOPMENT SALES TAX SB1068, Contractor Sales Tax; Development Fees, which exempts state and local development and impact fees from state and municipal transaction privilege taxes, passed out of the Senate Finance Committee on Thursday morning. In addition to lost revenue, the bill would make the local sales tax adjustment through a state legislative preemption rather than through consideration by the Municipal Tax Code Commission. The bill passed on a 6-2 vote with Senators Richard Miranda and Jay Tibshraeny voting against it. The bill is now ready for consideration in Senate Rules. lEGISLATIVE BUllETIN PAGE 3 January 13, 2006 IN THIS ISSU E 5TH Annual Cities & Towns Day, Wednesday, January 25th ........... 1 Flurry of Eminent Domain Bills Continues. . . . . . .. 1-2 County Island Fire Service Bills. . .. . .... .. . . . .. .. 2 Transportation/ Public Safety Bonding Update ........ 2 Local Construction Procedures ............ 2 Research & Development Tax Credits. . . . . . . . . . . . . . . . 2 Fire Truck Sales Tax. . . . . . 2 League of Arizona ~C..,I In es AND i\vns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@mg.state.az.us Internet: www.azleague.org LEG ISLA liVE BU LLEll N Issue No.2 January 20,2006 5TH ANNUAL CITIES AND TOWNS DAY, WEDNESDAY, JANUARY 25TH The 5th Annual Cities & Towns Day at the Capitol will take place Wednesday, January 25, 2006. This event is an important opportunity for city/town elected and appointed officials, as well as senior staff members, to meet with Governor Janet Napolitano, individual state legislators and fellow city and town officials to learn what issues are facing municipalities this year at the Legislature. This also is an excellent opportunity to meet with your legislative delegation to discuss issues in your city or town. We strongly encourage you to call your legislators and invite them to meet you on the Senate lawn during lunch to discuss your issues. You can find the contact numbers for your legislators in Your Voice at the Capitol, which was attached to the Bulletin last week. If you have not yet signed up for Cities and Towns Day but would like to attend, please call the League at (602) 258-5786. If you have any questions, please do not hesitate to contact Matt Lore or Marisa Hoskins at the same number as above. We look forward to seeing you next week!! Schedule of Events 10:30 a.m. Meet at the League office (parking will be available at the League Office as well as across the street at the State Executive Tower parking lot). Governor Napolitano will welcome city/town officials and provide brief remarks. Ken Strobeck, the League's new Executive Director, will provide opening remarks. 11 :00 a.m. Kevin Adam, League Legislative Director, will provide a Legislative briefing. 11 :30 a.m. Walk over to the Senate lawn for lunch. 12 :00 noon Luncheon program begins on Senate lawn. Legislative leadership has been invited to address municipal officials. 1 :00 p.m. Luncheon program adjourns. FLURRY OF EMINENT DOMAIN BILLS CONTINUES The attack on eminent domain continued at the Legislature this week with two more bills unanimously passing out of the Senate Government Committee on Thursday. Senator Marsha Arzberger introduced SB1 091, which requires a municipality's council to have a Y4 supermajority vote to condemn for redevelopment and requires the vote to include a finding by the council that the public benefit from the condemnation will substantially outweigh the private. Also heard in this committee was SB111 0, sponsored by Senator Robert Blendu. This bill states that simply increasing the tax revenue generated by a location does not constitute a "public use." The five eminent domain bills sponsored by Rep. Chuck Gray that were discussed in last week's Bulletin are all still awaiting a hearing in the House Rules Committee. All of these bills, and the many more to come, further create hurdles for municipalities in the already complex process of condemning for redevelopment. Flurry of Eminent Domain Bills Continues cont'd. Even more alarming, the implications of many extend beyond redevelopment projects and would impact all condemnation actions. We will keep you posted on new developments. Eminent Domain will clearly be a hot topic at Cities and Towns Day next week *ACTION AlERT* COUNTY ISLAND FIRE SERVICE BillS The five bills that Representative Andy Biggs drafted regarding county island fire service mandates were scheduled but not heard in the House Counties, Municipalities and Military Affairs Committee on Tuesday. After discussions with municipal officials, Representative Biggs considered several options and has indicated that he will pursue an amendment to HB2145 that would create a pilot project limiting the mandated municipal fire service to county islands for five years in Gilbert. The bill, with or without amendments, is expected to be heard in Federal Mandates and Property Rights on Monday afternoon. As described, the amendment would still create a significant mandate by requiring a town to provide services outside of its jurisdiction. Even if the bill is limited to Gilbert, it would establish a dangerous precedent that could easily be mandated on other areas in the future so please don't allow the Legislature to divide and conquer us on this issue. ACTION REQUESTED: Please let your Representatives know that you are opposed to this bill as it creates a mandate for at least one town to provide services outside of its jurisdiction. TRANSPORTATION/ PUBLIC SAFETY BONDING UPDATE HCR2001, the League's resolution regarding public safety and transportation debt capacity passed out of its second committee hearing on Wednesday. The House Government Reform and Government Finance Accountability Committee passed the resolution with a 5-2 vote, with Representatives Gray and Murphy voting no. Again, we thank those legislators who supported this resolution, which will enhance cities and towns' abilities to meet our future transportation infrastructure and public safety facilities needs. HCR2001 is now ready to be heard in the House Rules Committee. lOCAL CONSTRUCTION PROCEDURES Another League resolution has begun its journey though the legislative process. HB2136, local building construction; procedures, clarifies that cities and towns may use Construction Manager at Risk (CM@Risk), Design Build and Job Ordering Contracting for bond-financed capital projects. These financial tools are used by many cities and towns to reduce the costs of constructing facilities and infrastructure. This bill was heard in the House Counties, Municipalities and Military Affairs Committee on Tuesday afternoon. It passed unanimously out of that committee and is now waiting to be heard in the House Government Reform and Government Finance Accountability Committee. RESEARCH & DEVELOPMENT TAX CREDITS Yet another one of our League resolutions passed out of committee this week, with SB1 065 passing unopposed out of the Senate Finance Committee on Thursday morning. This bill increases the income tax credit for research activities within our State. This will help expand and diversify our state's economy and boost our collective efforts to become a leader in the biosciences field. We appreciate the Senators' support and will keep you informed of future developments. FI RE TRUCK SALES TAX Representative Steve Huffman introduced a bill that exempts the purchase of fire trucks from state sales tax. HB2084 is a measure brought forth by the Fire District Association but will also benefit cities and towns who will save an estimated $28,000 in sales tax on each fire truck purchased. This bill passed unanimously out of the House Counties, Municipalities and Military Affairs Committee on Tuesday afternoon. It is also assigned to the House Ways and Means Committee where it is scheduled to be heard this Monday afternoon. We will continue to monitor this bill's progress through the Legislature. LEGISLATIVE BUllETIN PAGE 2 January 20, 2006 IN THIS ISSUE Attack on State Shared Revenue Anticipated Next Week ................ 1 Cities and Towns Day .... 1 Eminent Domain Recap. . . 2 County Island Fire Service Update ............... 2 Photo Radar Legislation Moves . . . . . . . . . . . . . . . . 2 Municipal Sales Tax Penalties .............. 3 HURF Fund Repayment .. 3 Updates on Other Legislation .. . . . . . . . . . . . 3 Set Up a Legislative Day to Meet with Your Legislators! . . . . . . . . . . . . . 3 LeagucQf ArizQna ~I~ Cities AND Towns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Ernail: league@mg.state.az.us Internet: www.azleague.org LEGISLATIVE BULLETIN Issue No.3 January 27, 2006 *ACTION AlERT* ATTACK ON STATE SHARED REVENUE ANTICIPATED NEXT WEEK Although the agenda had not been posted by the time we went to print, it is highly anticipated that legislation slashing state shared revenue will be considered in the Senate Finance Committee next Thursday morning. SB1408 introduced by Senator Bob Burns would phase out urban revenue sharing, our portion of the state income tax, for all cities with populations over 100,000. Revenues would be reduced and eventually eliminated over a ten-year period. In an effort, to divide and conquer, the legislation also provides additional funding to cities and towns with populations under 1/500 by guaranteeing a $100,000 funding floor. As we have in the past, we must remain united against this attack on revenues that the voters decided to direct to cities and towns to support local services. A statewide ballot initiative passed in 1972 which allocated 15% of the state income tax revenue to cities and towns while preempting local income and luxury taxes. ACTION REOUESTED: Please contact your Senators early next week and convey how essential state shared revenue is to your community and to oppose S81408. CITIES AND TOWNS DAY Cities and towns from across the state converged upon the Capitol on Wednesday for the 5th Annual Cities and Towns Day. 258 elected and appointed officials and senior staff members from 65 municipalities met with legislators and the Governor to discuss issues important to municipalities and the state as a whole. The day began at the League of AZ Cities and Towns with opening remarks by League President Doug Coleman. Governor Janet Napolitano then spoke, addressing important city issues such as the state budget, toughening pseudoephedrine laws, repaying monies to the HURF fund, and border security. She took questions from city and town leaders, addressing issues such as fire prevention, a statewide pseudo-ephedrine tracking system and eminent domain. League Director Ken Strobeck addressed the group as well, stressing the importance of city leaders developing a relationship with their legislators and keeping that line of communication open. League Legislative Director Kevin Adam also outlined legislative priorities for the upcoming session, including maintaining state shared revenue, preserving the Model City Tax Code, and preserving eminent domain authority. After the briefings, the day continued on the Senate Lawn, where municipal leaders were able to discuss city issues with their legislators over lunch. Speaker of the House Jim Weiers, Senate Assistant Minority Leader Harry Mitchell and House Minority Leader Phil Lopes each spoke during the lunch. Each addressed his perspective on city issues at the Legislature this session. The afternoon concluded with a closing by League president Doug Coleman. Thanks to all who participated in the event. Every year, Cities and Towns Day has had a tremendous impact on our ability to protect local authority and shared revenues. EMINENT DOMAIN RECAP With a total of 18 bills introduced so far this session, the Legislature has made clear its intention to take away eminent domain authority that allows cities, towns, counties and the state to create infrastructure and remove slum and blight. Many of these bills are moving quickly through the process, with some bills already waiting for a final vote in their house of origin. Many of these bills show a lack of understanding about Arizona's current eminent domain laws and many of them affect all condemnation authority, not just that for redevelopment. The U.S. Supreme Court Kelo ruling that upheld a Connecticut law that was used to condemn property for redevelopment in an economically distressed area has sparked a nationwide controversy that has reached Arizona and our legislature. However, the Arizona Constitution, state statute and Arizona case law, are already far more restrictive than what is authorized in Connecticut. In order to condemn for redevelopment in Arizona, the only acceptable 'public use' is the removal of existing harmful use of the property, namely slum and blighted conditions. The governing body must have a 2/3 super-majority vote on four different occasions to initiate a condemnation action. In all, eminent domain authority in our State is very limited and Arizonans are well protected from abuses of this power. Four of the 18 bills are amendments to the state Constitution that will change condemnation authority for all actions, including those for roads, utilities and housing developments. Any change of this magnitude will have unintended consequences for years to come. It is a League priority to prevent these bills from being placed on the ballot and amending the Constitution. These bills are HCR 2002, 2003, 2031 and SCR 1002. Many of the other bills amend Title 12, which address the courts, and therefore affect all condemnation cases, not just for redevelopment. Many of these bills work to make the costs of condemnation increase by requiring the government entity to pay all court fees no matter the outcome, or awarding interest to the property owner. Again, it is a League priority to stop these bills that affect all condemnation actions. These bills are HB 2062, 2064, 2310, 2437 and SB 1110, 1252. The remaining bills amend various other sections of statute that deal more with redevelopment authority. Many of these bills add language that does not change the law since it is already more strict than the new language in the bill. Others again work to increase the costs of condemnation or outright prohibit condemnation for economic redevelopment. These bills are HB 2063, 2226, 2410, 2445, 2519, 2675 and SB 1015, 1091. The League is quickly putting together a broad-based coalition to defend eminent domain authority and put some structure to the debate at the Capitol. Please tell your legislators not to support the constitutional amendments and the bills impacting Title 12 as they impact all condemnation actions including roads, sewers, schools and power lines. If we can focus the debate on redevelopment, we are willing to work with the Legislature to develop some safeguards for property owners without eliminating our ability to eradicate slum and blight through redevelopment. COUNTY ISLAND FIRE SERVICE UPDATE HB2145 passed out ofthe House Federal Mandates and Property Rights Committee with a 5-1 vote at a special 8:00 am hearing on Wednesday. The committee discussed the issue at its regular hearing on Monday, then held the bill due to several committee members' absence. The bill was amended so that it is limited to the islands in Gilbert. The bill enables the islands to create a fire district and mandate the Town of Gilbert to provide fire service for the district. The bill also addresses liability and cost reimbursement issues. The project comes under review by the Legislature after three and five years. However, the five-year review is not a sunset. The Legislature must pass legislation in the future in order to terminate the project. SBll77 is identical to HB2145, and was amended to include the same provisions. It passed out of the Senate Government Committee on Thursday with a 5-2 vote. Legislators have expressed several concerns, which have slowed the progress of these bills. Amendments are anticipated in an effort to secure enough votes for passage. You should tell your legislators to remain opposed as long as the bill potentially mandates a municipality to provide a service outside of its jurisdiction without its consent. Also, all cities and towns should remain interested even if the bill is limited to Gilbert. It is anticipated that many county islands will be losing their fire service providers in the near future, and if this is the solution in Gilbert, it will more than likely be the solution pursued elsewhere so please continue your opposition. PHOTO RADAR lEGISLATION MOVES The Legislature resumed its battle to keep photo radar off state freeways on Tuesday, passing SBl146 with a 4-1 vote. Sponsored by the committee chairman, Senator Thayer Verschoor, this bill is very similar to legislation he ran last year. The bill bans the use of photo radar on any state freeway system. Currently the City of Scottsdale is conducting a pilot project, with several photo radar zones along stretches of Loop 101, a section of the freeway system that has become notorious for fatal accidents. The pilot project was authorized by the Arizona Department of Transportation and could be cut short by several months if this bill passes. LEGISLATIVE BULLETIN PAGE 2 January 27, 2006 Photo Radar legislation Moves cont'd. This bill is an attempt to preempt local authorities from protecting their citizens. At a minimum, the Legislature should allow Scottsdale's pilot project to run its course and evaluate the data to make an educated decision about the use of photo radar on freeways. The House Transportation Committee also heard a bill dealing with photo enforcement this week. It passed HB 2174 with a 6-2 vote. This bill applies to all photo enforcement, not just that on state freeways, including red-light running cameras and speed enforcement on surface streets. The bill requires signage stating that the area is a photo enforcement zone at 1000 ft., 500 ft. and 250 ft. from the camera as well as signs indicating the end of the enforcement area. Courts must dismiss tickets issued in areas not marked properly. The sponsor, Representative Bob Robson, has indicated a willingness to work with us on amendments, we will keep you informed of any new developments. MUNICIPAL SALES TAX PENALTIES The Legislature's attack on the use of municipal sales tax incentives began again this week with SB1243 passing out of both the Senate Government and Finance Committees on Thursday morning. This bill, sponsored by Senator Ken Cheuvront, penalizes a municipality that offers a tax incentive to a retail business to locate within its jurisdiction by reducing its state shared revenue by the amount of the incentive. Some exemptions, such as infrastructure development and redevelopment projects are included. Last session, a law was enacted that requires municipalities to use a much more cumbersome and open process to award incentives. This option passed the Legislature rather than the Senator Cheuvront option. This year's bill is a repeat of last year's failed legislation. This bill is a preemption on local sales tax which is purely a local government issue that should be left in the hands of locally elected officials. The bill will hinder the ability of cities and towns to attract new retail and economic growth to their communities. Please ask legislators to oppose. HURF FUND REPAYMENT Another League resolution moved forward when the House Transportation Committee passed HB2332 on Thursday morning with a 6-0 vote. This bill pays back $52 million raided from the Highway User Revenue Fund in Fiscal Year 2004. Originally the reimbursement was only directed to the counties, the bill was verbally amended in committee to have the monies distributed to ADOT, counties, cities and towns as allocated in statute. Monies from HURF have been borrowed by the Legislature to fund Department of Public Safety operations and to supplement the general fund. These monies are critical to the state, counties and municipalities' ability to develop and maintain transportation infrastructure. The League is working to have this money repaid and to stop future diversions from HURF. This bill will now be heard in House Appropriations (P) and is expected to be included in this year's budget. Please tell your Representatives how important these HURF monies are to your city or town and encourage them to oppose future diversions from the fund. UPDATES ON OTHER LEGISLATION: HB2084, the bill that exempts fire trucks from state sales tax, passed its second committee on Monday with a 5-3 vote in House Ways and Means. HB2220, a bill that gives code enforcement officers the same identity protection as law enforcement officers, passed out of the House Counties, Municipalities and Military Affairs Committee with a 10-1 vote. It now moves on to House Government Reform and Government Finance Accountability. HB2136, which clarifies that cities and towns can use alternative methods of construction such as CM(a>Risk and Design-Build, was held in the House Government Reform and Government Finance Accountability Committee on Wednesday and is expected to be heard next week. SB1065, a League resolution that increases tax credits for research and development, was heard in the Senate Committee of the Whole on Thursday and now awaits a final vote before moving over to the House. SET UP A LEGISLATIVE DAY TO MEET WITH YOUR LEGISLATORS! We hope many of you will again schedule a legislative day with your delegation sometime during the 2006 session. This is a great opportunity for your council and staff to meet with your legislative delegation regarding your community's issues. How do I Schedule a legislative Day? A city or town, either individually or organized by area or legislative district, designates a coordinator. Have that person give us a call. We will assist in the logistics of setting up the meeting. As always, the meeting rooms at the League office are available for your use, and lunch for you and your legislators is provided by the League free of charge. Prior to the meeting with your legislators, League staff will provide your group with a briefing on key legislative issues impacting cities and towns. This briefing is generally held at 11 :30 a.m. with your legislators invited to join you at noon. Our building is right behind the Capitol, and legislators find it convenient to walk over during lunch. The invitation to your legislators should be made by you or your coordinator (we can help if you need assistance or have questions). The invitation should clearly deliver the message that you are coming to the Capitol to meet with them on issues of importance to you and your community. This is a way to personally share your feelings on major legislative issues as well as to establish a closer working relationship with your legislators. Please call Marisa Hoskins at the League if you have any questions on setting up a legislative day for your city or town. lEGISLATIVE BULLETIN PAGE 3 January 27, 2006 League of Arizona Cities and Towns Connection Page 1 of3 Jocelyn Bronson From: League of Arizona Cities and Towns [Ieague@mg.state.az.us] Sent: Wednesday, January 18,20065:01 PM To: townclerk Subject: Connection - The League's monthly online newsletter League ofArlzona ~.~ Cities AND Towns . onneclon Message from Ken Strobeck, The ue's New Executive Director Greetings! It is my privilege to be your new Executive Director of the League of Arizona Cities and Towns. My first two weeks on the job have included a whirlwind of meetings with a number of city, town and state officials to familiarize myself with the top-tier legislative issues of this session. I have also meet with the League staff to gain an understanding of the challenges and opportunities facing us in the months ahead and how we can serve our members most effectively. Read more 5th Annual Cities and Towns Day at the Capitol The League of Arizona Cities and Towns will host its 5th Annual Cities & Towns Day at the Capitol on Wednesday, January 25, 2006. This event is an important opportunity for city/town elected and appointed officials, as well as senior staff members, to meet with Governor Janet Napolitano, individual State legislators and fellow city and town officials to learn what issues are facing municipalities this year at the Legislature and to show support for municipal services at the Capitol. Read more Bisbee's Queen Mine Tour Receives Rural Tourism Development Grant Funds Governor Napolitano recently announced that the City of 1/19/2006 League of Arizona Cities and Towns Connection 1/19/2006 Page 2 of3 Bisbee's Queen Mine Tour has received a grant of $37,500 for enhancements and renovations. The funding is from the new Rural Tourism Development Grant program administered and managed through the Arizona Office of Tourism. Read more Buckeye Police Department Creates Community Partnership Bureau A 25-year police veteran will head up the Buckeye Police Department's new Community Partnership Bureau and a Buckeye police officer with a background in mental health will be its first community action officer. Read more Queen Creek Mayor Receives Excellence in Leadership Award The East Valley Economic Forum recently honored Queen Creek Mayor Wendy Feldman-Kerr with the "Excellence in Leadership" award at the 12th Annual Cox Communications East Valley Economic Forum. She was chosen for her "friendly and approachable manner, as well as her ability to reach out and engage citizens." Read more Prescott Area Communities Donate Vehicles to Mississippi City Seven cars and trucks that did yeoman's duty for Prescott area communities and organizations are bound for Pascagoula, Miss., to serve out their engine lives in a city that lost the bulk of its government fleet and much more to Hurricane's Katrina and Rita. Read more Sahuarita Students Create Artwork Around Town People driving down La Canada Road in Sahuarita may have noticed the colorful new tile benches and trash receptacles decorating the side of the road. The artwork was done through a summer program at Sahuarita High School administered by Las Artes, a program that provides students with the opportunity to produce community arts projects. Read more League of Arizona Cities and Towns 1820 W. Washington St. Phoenix, AZ 85007 Pflone: 602-258-5786 Fax: 602-253-3874 http://www.azleague.org YOUR VOICE AT THE CAPITOL 2006 STATE LEGISLATORS At the beginning of the Legislative session each year the League compiles current contact information for each of Arizona's 30 State Senators and 60 State Representatives in order to facilitate lobbying efforts for cities and towns. The list includes the following: . the name of each Senator and Representative and the district and the cities and towns they represent . the Capitol address and toll-free number (listed below) . legislators' home addresses or alternate mailing addresses . legislators' office phone numbers and fax numbers . legislators' e-mail addresses A useful tool for accessing legislative information is the Legislature's web site. The address is www.azlea.aov or simply follow the link from the League's web site at www.azleaque.orq.Using the links provided on the web page you can retrieve brief biographies of legislators and what committees they serve on, access complete texts of introduced legislation and obtain the status of any bill. Summaries of each bill can also be found on this site once the bill has been assigned to committee. The League offices are always available for your use during the legislative session. The League facilities provide a convenient place for meeting with State Legislators, particularly for local officials outside the metropolitan Phoenix area. We hope the list will be helpful to you in contacting your legislators on all issues of major municipal concern. Please feel free to contact the League staff should you have any questions regarding legislation or contacting your legislators. If you wish to reach a legislator by mail at the Capitol, simply address the correspondence to: The Honorable Senator's Name State Senator 1700 West Washington Street - Senate Phoen~,Arizona 85007 The Honorable Representative's Name State Representative 1700 West Washington Street - House Phoenix, Arizona 85007 Toll-free number: 1-800-352-8404 SENATOR REPRESENTATIVES CITIESITOWNS DISTRICT 1 Camp Verde Chino Valley Ken Bennett Lucy Mason Tom O'Halleran Clarkdale 810 E. Sheldon P.O. Box 2177 P.O. Box 20603 Cottonwood Prescott 86301 Prescott 86302 Sedona 86341 Jerome (602) 926-5584 (602) 926-5874 (602) 926-4079 Prescott (602) 926-3429 fax (602) 417-3001 fax (602) 417-3101 fax Prescott Valley kbennett@azleg.gov Imason@azleg.gov tohaller@azleg.gov Sedona Williams DISTRICT 2 Albert Hale Ann Kirkpatrick Albert Tom Flagstaff PO Box 4468 P.O. Box 100 P.O. Box 542 Window Rock 86515 Flagstaff 86001 Chambers 86502 (602) 926-4323 (602) 926-5160 (602) 926-5862 (602) 414-3160 (602) 417-3002 fax (602) 417-3102 fax ahale@azleg.gov akirkpat@azleg.gov atom@azleg.gov SENATOR REPRESENTATIVES CITIESITOWNS DISTRICT 3 Bullhead City Colorado City Ron Gould Trish Groe Nancy G. McLain Fredonia 3971 Albacore Drive 1980 Deer Run Drive 1706 Marble Canyon Kingman Lake Havasu City 86406 Lake Havasu City 86404 Bullhead City 86442 Lake Havasu City (602) 926-4138 (602) 926-5408 (602) 926-5051 Page (602) 417-3165 fax (602) 417-3103 fax (602) 417-3003 fax Parker rgould@azleg.gov tgroe@azleg.gov nmclain@azleg.gov Quartzsite DISTRICT 4 Buckeye Dewey-Humboldt Jack W. Harper Tom Boone Judy M. Burges Glendale P.O. Box 5311 6721 W. Tonto Drive P.O. Box 123 Peoria Sun City West 5311 Glendale 85308 Skull Valley 86338 Phoenix (602) 926-4178 (602) 926-3297 (602) 926-5861 Surprise (602) 417-3154 fax (602) 417-3004 fax (602) 417-3104 fax Wickenburg jharper@azleg.gov tboone@azleg.gov jburges@azleg.gov DISTRICT 5 Clifton Duncan Franklin "Jake" Flake Jack Brown William Konopnicki Eagar 490 W. Fish Lane P.O. Box 220 1491 Thatcher Blvd Globe Snowflake 85937 St. Johns 85938 Safford 85546 Holbrook (602) 926-5129 (602) 926-4129 (602) 926-5409 Miami (602) 417-3005 fax (602) 417-3010 fax (602) 417-3105 fax Payson jflake@azleg.gov jbrown@azleg.gov bkonopni@azleg.gov Pima Pinetop-Lakeside Safford St. Johns Show Low Snowflake Springerville Star Valley Taylor Thatcher Winslow DISTRICT 6 Dean Martin Ted Carpenter Pamela Gorman Phoenix 23227 N. 23'd Place 20042 N. 17'h Drive P.O. Box 55265 Phoenix 85024 Phoenix 85027 Phoenix 85078 (602) 926-5284 (602) 926-5333 (602) 926-4002 (602) 417-3163 fax (602) 417-3006 fax (602) 417-3106 fax dmartin@azleg.gov tcarpent@azleg.gov pgorman@azleg.gov DISTRICT 7 Jim Waring Ray Barnes David Burnell Smith Carefree 4366 E. Campo Bello 4420 E. Michelle Drive P.O. Box 5145 Cave Creek Phoenix 85032 Phoenix 85032 Carefree 85377 Phoenix (602) 926-4916 (602) 926-5503 (602) 926-5766 Scottsdale (602) 417-3150 fax (602) 417-3107 fax (602) 417-3011fax jwaring@azleg.gov rbarnes@azleg.gov dsmith@azleg.gov DISTRICT 8 Carolyn S. Allen Michele Reagan Colette Rosati Fountain Hills 7499 E. Timberlane Court 7754 Lakeview Court 6040 E. Jenan Drive Scottsdale Scottsdale 85258 Scottsdale 85258 Scottsdale 85254 (602) 926-4480 (602) 926-5828 (602) 926-5169 (602) 926-3155 fax (602) 417-3008 fax (602) 417-3108 fax callen@azleg.gov mreagan @azleg.gov crosati@azleg.gov SENATOR REPRESENTATIVES CITIESfTOWNS DISTRICT 9 Robert Burns Rick Murphy Bob Stump Glendale P.O. Box 6419 P.O. Box 6793 8735 W. Windrose Drive Peoria Peoria 85385 Glendale 85312 Peoria 85381 Surprise (602) 926-5993 (602) 926-3255 (602) 926-5413 Youngtown (602) 417-3168 fax (602) 417-3009 fax (602) 417-3109 fax rburns@azleg.gov rmurphy@azleg.gov bstump@azleg.gov DISTRICT 10 Linda Gray Doug Quelland James Weiers Glendale 4535 W. Columbine 15440 N. 35'h Ave #9 16022 N. 37'h Avenue Phoenix Glendale 85304 Phoenix 85053 Phoenix 85053 (602) 926-4173 (602) 926-4639 (602) 926-4173 (602) 417-3153 fax (602) 417-3110 fax (602) 417-3153 fax Igray@azleg.gov dquellan@azleg.gov jweiers@azleg.gov DISTRICT 11 Barbara Left John M. Allen Steve Tully Paradise Valley 8641 N. 55'h Place 5661 E. Presido Road 6225 N. 24'h Street #125 Phoenix Paradise Valley 85253 Scottsdale 85254 Phoenix 85028 (602) 926-4486 (602) 926-3395 (602) 926-5977 (602) 417-3170 fax (602) 417-3007 fax (602) 417-3111 fax bleff@azleg.gov jallen@azleg.gov stully@azleg.gov DISTRICT 12 Avondale Buckeye Robert Blendu John Nelson Jerry P. Weiers EI Mirage 12704 W. Solano Drive 14044 W. Greentree Drive 203 N. 35'h Avenue Glendale Litchfield Park 85340 Litchfield Park 85340 Phoenix 85009 Goodyear (602) 926-5955 (602) 926-5872 (602) 926-5894 Litchfield Park (602) 417-3168 fax (602) 417-3112 fax (602) 417-3012 fax Phoenix rblendu@azleg.gov jnelson@azleg.gov jpweiers@azleg.gov Surprise DISTRICT 13 Richard Miranda Steve Gallardo Martha Garcia Avondale 2626 S. 85th Avenue P.O. Box 48562 5546 W. Berkeley Road Glendale Tolleson 85353 Phoenix 85075 Phoenix 85035 Phoenix (602) 926-5911 (602) 926-3392 (602) 926-5830 Tolleson (602) 417-3171 fax (602) 417-3013 fax (602) 417-3113 fax rmiranda@azleg.gov sgallard @azleg.gov mgarcia@azleg.gov DISTRICT 14 William Brotherton Jr. Debbie McCune-Davis Robert Meza Glendale 3605 N. 7th Ave 2634 N. 20'h Ave 2624 N. 22"0 Avenue Phoenix Phoenix 85013 Phoenix 85009 Phoenix 85009 (602) 926-4485 (602) 926-5412 (602) 926-3425 (602) 926-3158 fax (602) 417-3014 fax (602) 417-3114 fax bbrother@azleg.gov ddavis@azleg.gov rmeza@azleg.gov DISTRICT 15 Ken Cheuvront David Lujan Kyrsten Sinema Phoenix 3312 N. 11th Ave #A 216 W. Turney Avenue 335 W. Windsor Drive Phoenix 85013 Phoenix 85013 Phoenix 850203 (602) 926-5325 (602) 926-5829 (602) 926-5058 (602) 417-3149 fax (602) 417-3115 fax (602) 417-3015 fax kcheuvro@azleg.gov dlujan@azleg.gov ksinema@azleg.gov SENATOR REPRESENT A TIVES CITIESITOWNS DISTRICT 16 Linda Aguirre Leah Landrum Taylor Ben R. Miranda Guadalupe 2626 W. Elliot 6814 S. 40'h Lane 826 N. 3'd Avenue Phoenix Phoenix 85041 Phoenix 85041 Phoenix 85003 (602) 926-3830 (602) 926-5864 (602) 926-4893 (602) 417-3145 fax (602) 417-3016 fax (602) 417-3116 fax laguirre@azleg.gov lIandrum@azleg.gov bmiranda@azleg.gov DISTRICT 17 Harry E. Mitchell Meg Burton Cahill Laura Knaperek Scottsdale 1222 E. Verlea Drive 1531 E. Cedar Street 2028 E. Carmen Street Tempe Tempe 85282 Tempe 85281 Tempe 85283 (602) 926-4124 (602) 926-5896 (602) 926-4225 (602) 417-3164 fax (602) 417-3017 fax (602) 417-3117 fax hmitchel@azleg.gov mbcahill@azleg.gov Iknapera@azleg.gov DISTRICT 18 Karen Johnson Mark Anderson Russell K. Pearce Mesa 1519 E. Glade Avenue 1727 W. Argon Street 1247 E. Inca Mesa 85204 Mesa 85201 Mesa 85203 (602) 926-3160 (602) 926-4467 (602) 926-5760 (602) 417-3018 fax (602) 417-3018 fax (602) 417-3118 fax kjohnson@azleg.gov manderso@azleg.gov rpearce@azleg.gov DISTRICT 19 Marilyn Jarrett Chuck Gray Gary Pierce Apache Junction 4228 E. Hope 7461 E. Ivyglen Street 2526 N. 24th Street Mesa Mesa 85205 Mesa 85207 Mesa 85213 (602) 926-5288 (602) 926-5495 (602) 926-3163 (602) 417-3161 fax (602) 417-3019 fax (602) 417-3119 fax mjarrett@azleg.gov cdgray@azleg.gov gpierce@azleg.gov DISTRICT 20 John Huppenthal John McComish Robert Robson Chandler 8 Bullmoose Circle 4463 E. Desert View 381 N. Arizona Ave Phoenix Chandler 85224 Phoenix 85044 Chandler 85225 Tempe (602) 926-5261 (602) 926-5898 (602) 926-5549 (602) 417-3257 fax (602) 417-3020 fax (602) 417-3120 fax jhuppent@azleg.gov jmccomis@azleg.gov brobson @azleg.gov DISTRICT 21 Jay Tibshraeny Warde Nichols Steven B. Yarbrough Chandler 803 W. Detroit 16018 E. Twin Acres Drive 3200 W. Ray Road #148 Mesa Chandler 85225 Gilbert 85297 Chandler 85226 Queen Creek (602) 926-4481 (602) 926-5168 (602) 926-5863 (602) 417-3152 fax (602) 417-3021 fax (602) 417-3121 fax jtibshra@azleg.gov wnichols@azleg.gov syarbrou@azleg.gov DISTRICT 22 Thayer Verschoor Andy Biggs Eddie Farnsworth Apache Junction 1326 E. Encinas 15926 E. Elliot Road 1126 E. Harrison Street Gilbert Gilbert 85234 Gilbert 85234 Gilbert 85296 Mesa (602) 926-4136 (602) 926-4371 (602) 926-5735 (602) 417-3222 fax (602) 417-3022 fax (602) 417-3122 fax tverscho@azleg.gov abiggs@azleg.gov efarnswo@azleg.gov SENATOR REPRESENT A TIVES CITIESITOWNS DISTRICT 23 Apache Junction Avondale Rebecca Rios Cheryl Chase Peter Rios Casa Grande P.O. Box 11 P.O. Box 925 P.O. Box 451 Coolidge Apache Junction 85217 Kearny 85237 Hayden 85235 Eloy (602) 926-5685 (602) 926-5030 (602) 926-5761 Florence (602) 417-3167 fax (602) 417-3123 fax (602) 417-3023 fax Hayden rrios@azleg.gov cchase@azleg.gov prios@azleg.gov Kearny Mammoth Maricopa Phoenix Queen Creek Superior Winkelman DISTRICT 24 Robert Cannell Amanda Aguirre Russell L. Jones Parker 12394 E. Del Norte 4601 W. La Quinta Lane 3275 So. Morgan Way San Luis Yuma 85367 Yuma 85364 Yuma 85365 Somerton (602) 926-4139 (602) 926-4430 (602) 926-5273 Wellton (602) 926-3156fax (602) 417-3024 fax (602) 417-3124 fax Yuma rcannell@azleg.gov aaguirre@azleg.gov rjones@azleg.gov DISTRICT 25 Benson Bisbee Marsha Arzberger Manuel V. "Manny" Alvarez Jennifer J. Burns Buckeye 3635 E. Chambers Road 4128 W. Jefferson Road 13535 W. Curtis Road Douglas Willcox 85643 Elfrida 85610 Tucson 85743 Gila Bend (602) 926-4321 (602) 926-5895 (602) 926-5836 Huachuca City (602) 417-3146 fax (602) 417-3025 fax (602) 417-3125 fax Marana marzberg@azleg.gov malvarez@azleg.gov jburns@azleg.gov Nogales Sierra Vista Tombstone Willcox DISTRICT 26 Toni Hellon Pete Hershberger Steve Huffman Marana P.O. Box 64696 1513 W. Sendero Seis P.O. Box 68371 Oro Valley Tucson 85728 Tucson 85704 Tucson 85737 Tucson (602) 926-4326 (602) 926-5839 (602) 926-3394 (602) 417-3159 fax (602) 417-3026 fax (602) 417-3126 fax thellon@azleg.gov phershbe@azleg.gov shuffman @azleg.gov DISTRICT 27 Jorge Luis Garcia Olivia Cajero Bedford Phil Lopes Tucson 3145 W. Morgan Drive 820 N. Via Roma 1421 N. Camino De Juan Tucson 85745 Tucson 85745 Tucson 85745 (602) 926-4171 (602) 926-5835 (602) 926-3278 (602) 542-3162 fax (602) 417-3027 fax (602) 417-3127 fax jgarcia@azleg.gov ocajerob@azleg.gov plopes@azleg.gov DISTRICT 28 Paula Aboud David T. Bradley Ted Downing Tucson 1700 W. Washington St., 5909 E. Third Street 1402 E. Kleindale Road Rm. 314 Tucson 85711 Tucson 85719 Phoenix 85007 (602) 926-3300 (602) 926-5108 (602) 926-5262 (602) 417-3028 fax (602) 417-3128 fax (602) 417-3166 fax dbradley@azleg.gov tdowning@azleg.gov paboud@azleg.gov SENATOR REPRESENT A TIVES CITIESfTOWNS DISTRICT 29 Victor Soltero Linda Lopez Tom Prezelski South Tucson 343 E. 351h Street 1506 E. Melridge Street 610 S. Convent Avenue Tucson South Tucson 85713 Tucson 85706 Tucson 85701 (602) 926-5342 (602) 926-4089 (602) 926-3424 (602) 926-3169 fax (602) 417-3029 fax (602) 417-3129 fax vsoltero@azleg.gov lIopez@azleg.gov tprezels@azleg.gov DISTRICT 30 Timothy S. Bee Marian A. McClure Jonathan Paton Patagonia 10376 E. Haymarket Street 1841 N. Forty-Niner Drive 5425 E. Broadway #331 Sahuarita Tucson 85747 Tucson 85749 Tucson 85710 Sierra Vista (602) 926-5683 (602) 926-3312 (602) 926-3235 Tucson (602) 417-3147 fax (602) 417-3130 fax (602) 417-3030 fax tbee@azleg.gov mmcclure@azleg.gov jpaton@azleg.gov