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HomeMy WebLinkAbout03/20/2007 Blue Sheet Legislative Update TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: March 20, 2007 AGENDA ITEM: L.t TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Leeislative 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. A TT ACHMENTS Legislative Bulletin, Issues 9 and 10. 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/03/13/2007/8:34 AM League of Arizona Cities AND Towns IN THIS ISSUE Revenue Sharing Attack Defeated ................................ Sewer Mandate To Be Heard On The House Floor On Monday................................. 2 Title 34 Compromise Passes The House ............................. 2 Signs, Signs, Everywhere Signs ..................................... 2 Little Progress On County Island Fire District Bills ........ 3 Distilled Spirits ..................... 3 In The Spotlight .................... 3 Legislative Bul/etin 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@azleague.org Internet: www.azleague.org Issue 9, March 2, 2007 REVENUE SHARING ATTACK DEFEATED By a 5-6 vote, members of the Senate Appropriations Committee defeated Senate Bill 1246, which proposed a 15 percent tax credit for county residents that would have been paid for by the cities' and towns' urban revenue sharing fund. Many thanks to all of you who made your voices heard by contacting the committee members. A special thanks to Show Low Councilman Gary Whipple and St. Johns Town Manager Eric Duthie for coming to Phoenix to testify on the bill. League Director Ken Strobeck and Phoenix lobbyist Kevin DeMenna also spoke against the bill. Please take a moment and send a quick note of thanks to the SiX members of the Appropriations committee who voted against the bill: The 6 "No" votes Members Paula Aboud Amanda Aquirre Carolvn S. Allen Jake Flake Jorqe Luis Garcia Albert Hale 602-926- 5262 4139 4480 5219 4171 4323 E-Mail paboud@azleq.qov aaquirre@azleq.qov callen@azleq.qov iflake@azleg.gov iqarcia@azleq.qov ahale@azleq.qov District 28 24 8 5 27 2 If you would prefer to send a written note: The Honorable (Senator's Name) State Senator 1700 West Washington - Senate Phoenix, Arizona 85007 We remain concerned about Senate Bill 1035, which funds the construction of a DPS crime lab with urban revenue sharing funds. The bill barely passed out of the Appropriations committee a couple of weeks ago, but has not moved since. We'll continue to keep an eye on it and let you know if action is needed. SEWER MANDATE TO BE HEARD ON THE HOUSE FLOOR ON MONDAY House Bill 2066, which mandates local government sewer operators to locate and mark privately owned sewer laterals, is scheduled for the Committee of the Whole in the House on Monday afternoon. While the League and many cities and towns are meeting with the other stakeholders to discuss alternative options to address the sewer lateral issue, it is very important that your legislators know your concerns on the current version of the bill. Below are our talking points for your convenience: Unnecessary Exvansion of Government Local governments would have to expand their water/sewer departments and institute another layer of permitting regulations to implement this mandate. Increased Costs for our Shared Constituents Water and sewer bills may increase as a result of this legislation. While the language allows for some cost recovery via permit fees, the amendment calls for "reasonable" permit charges. This language is vague, ignoring the fact that there is no clear data on the possible costs associated with locating these privately owned sewer laterals. As a result, any funding short fall will be offset in an increase in municipal water rates. Safetv Issue Not Resolved During stakeholders meetings that have been ongoing since the fall of 2006, Southwest Gas Co. representatives stressed their concern with safety, concerned that their contracted excavators may not exercise the safest methods in locating the sewer lateral, creating the potential for an incident that may lead to property damage, or worse, loss of life. The reality is that, given the small number of available contractors, the vast majority of political subdivisions will hire the same excavation companies to provide the same service they currently are to Southwest Gas Co., maintaining - not diminishing - the potential for an incident. Unreliable Information on the Location of Sewer Laterals The vast majority of public water/sewer departments do not have accurate information on the location of privately owned sewer laterals. As communities have grown throughout time, local governments have invested their resources into the water/sewer infrastructure needed to provide water and collect sewage. Developments connect to the public water/wastewater system; the sewer operator does not connect to private property. As a result, information is not collected on how these connections run from the water/sewer mains to the property, meaning that local governments do not know where these laterals are located. Local Governments Have Alreadv Comvromised to Previous Lezislation In 2005, local governments agreed to locate and mark sewer laterals for residential developments built after January 1, 2006. Although this agreement did pose a challenge, it was seen as manageable and a "good faith" effort to seek compromise with Southwest Gas Co. This legislative proposal runs contrary to this compromise, not even a year after its implementation. TITLE 34 COMPROMISE PASSES THE HOUSE House Bill 2065 passed the House with a 55-4 vote this week. This bill is the compromise reached between the League, the County Supervisors Association (CSA) and the Associated General Contractors (AGC) on researching road maintenance work and compliance with Title 34. The portion of the bill that increases the penalty for violations affects all municipalities. However, the other part of the bill requires 15 cities or towns, all 15 counties and AGC to enter into an agreement to look at our records regarding road maintenance activities over the next two years. AGC selected the 15 municipalities that they would like to participate and the League will be contacting those cities and towns in the near future with more details. SIGNS, SIGNS, EVERYWHERE SIGNS House Bill 2369, the temporary signage bill, stalled mysteriously in the House of Representatives this week. As you may recall, this bill is an attempt to micro-manage cities' and towns' ability to regulate signs in their communities. Representative Bob Robson, the sponsor of the bill, put on an amendment on the floor that would totally override a municipality's ordinances in this area. The amendment also created an unfunded mandate for an association of municipalities to issue an annual report on the use of the fees collected. We vehemently opposed this bill due to it total disregard for local control. Representatives Steve Farley and Theresa Ulmer both spoke of how this bill 2 March 2, 2007 Signs, Signs, Everywhere Signs contd. is an intrusion on local government, cItmg that the people in municipalities are fully capable of re?ulating these types of issues via their own elected officIals. Typically when a bill disappears from a floor calendar it means that there are not enough votes for passage. To ensure this bill does not reappear, contact your members and let them know that citizens and local officials are fully capable of regulating signs in their own communities. If you need assistance with contacting you member please contact League Legislative Associate Dale Wiebusch at 602-258- 5786. Let's hope this bill on temporary signs was itself "temporary." LITTLE PROGRESS ON COUNTY ISLAND FIRE DISTRICT BILLS Discussions have continued this week on House Bill 2780, the House version of County Island Fire District legislation affecting cities and towns in Maricopa County. Meanwhile, Senate Bill 1556, the League- endorsed consensus bill that passed out of the Senate by a vote of 24-5-1, has not yet been First Read and assigned to a House committee. Representatives Bob Robson and Andy Biggs have continued to focus discussions on House Bill 2780, which they and some other members sponsored in the House. The principal difference between the two bills is a provision in the House bill that would require cities and towns to provide fire service to county islands within their borders if they do not agree to provide service voluntarily through an Intergovernmental Agreement or if a private fire service provider does not respond through the Request For Proposal (RFP) process. A number of items relating to the mandate discussion have been explored, but so far there has been no agreement. The House sponsors say a mandate is necessary as a failsafe to provide coverage to county island residents who would not be covered by any other fire service. The League does not support this notion. Discussions will continue next week. DISTILLED SPIRITS House Bill 2391, the spirituous liquor omnibus bill, might as well be known as the roller coaster bill for all of its ups and downs. After being pulled from a floor calendar last week, it showed up again on a Committee of the Whole agenda this week where it was amended, somewhat to our satisfaction. Then it was yanked from its Third Read slot. We had a meeting with stakeholders and House members to try and iron out the differences, but we remain apart on some key issues. The liquor industry's and restaurant industry' s representati~es claim that the bill does not make any substantIve changes to the law and how the Liquor Department operates. We see it differently. We think th~ bill waters down the effectiveness of the Liquor Department and increases the likelihood of problematic establishments. We want to have a successful hospitality industry in Arizona. We want a strong and effective Liquor Control Department. The two are not mutually exclusive. The League will continue to work with all stakeholders until our concerns have been alleviated. Until then we are still opposed to the measure. IN THE SPOTLIGHT Representative Jackie Thrasher, Legislative District 10, has been an Arizona resident for 46 years, moving to Phoenix from Detroit in 1960. In her youth she lived in northwest Phoenix, attending Palo Verde Elementary School and Apollo High School in Glendale. After graduating from high school, Jackie attended Glendale Community College, transferring to Arizona State University and graduating in 1979 with a Bachelor of Music degree in Instrumental Music Education. Although just in her first year as a legislator, Representative Thrasher has shown a keen interest in local government and the League. She attended a League sponsored luncheon for first year members and seeks our input on legislative matters. 1. How do you see local government impacting people's lives? I think most people consider local government more relevant to their daily lives, more so than that of government at the state and national level, because it is the closest to the people. Local governments have the 3 March 2, 2007 ability to provide the opportunity for citizens to participate in the process of making their communities great places to live and work. 2. What is one issue you see as particularly important to local government this session? I think that the most important issue would be the ability to attract and retain qualified public safety professionals that help keep our neighborhoods safe. Having said that, I believe that state shared revenues must be protected in order to provide the level of public safety on which our families depend. 3. Tell us something about your family and friends (favorite things to do with children, friends, etc.?). I'm a band director, my husband is a band director and my two (grown) children played trumpet all the way through high school. Needless to say, music is our thing! I've been married to John 27 years, my son will soon be a conductor with BNSF on the Needles to Winslow route, and my daughter is a senior Computer Science major at the University of Arizona. In addition to my Legislative duties, I am still teaching at Lookout Mountain School on Fridays. 4. What is your favorite vacation spot? Waikoloa, Big Island, Hawaii 5. What's your favorite hobby? I can't name just one! I love to read, play flute, have dinner with friends and of course- talk politics! 4 March 2, 2007 League of Arizona Cities AND Towns IN THIS ISSUE County Island Talks End................. ............1 Blue Stake Legislation Stalled; Quick Action May Be Needed................. .....1 Construction Sales Tax Bill Coming Back................... 2 Weapons Mandate To Be Heard On Wednesday...... 2 Impact Fees Bill Passes House Committee ...........3 League Website Bill To Be Heard In Committee On Thursday.......................... 3 Water Preemption Reconsidered And Passes The Senate....................... 3 When Tenants Don't Pay Their Water Bill .............. 3 Sign Bill Passes House.... 3 Senate Bill 1286: Victims' Rights Omnibus............... 3 Problem Liquor Bill Advances .........................4 Contractor Verification Bill Advances......................... 4 The Weekly Spotlight...... 4 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({~azleague.org Internet: www.azleague.org Issue 10, March 9, 2007 COUNTY ISLAND TALKS END Despite our best, good-faith efforts to find a compromise, the sponsors of House Bill 2780 have decided to end discussions on the bill and are offering a floor amendment to the bill that will mandate that cities provide fire protection services to county islands. This goes against one of our most basic principles of local control and one of the League's most important resolutions this year. We expect the amendment to be offered on the House floor next week. The amendment provides that if a county island cannot get a city or a private provider to provide fire service to the area, then the surrounding municipality must provide fire service. It also authorizes a three-person panel-made up of a fire district representative, a city representative and a third person they choose-to set the secondary property tax rate, but leaves in place the statutory limit of $3.15 per hundred dollars of valuation. The language of the amendment says this applies only to areas that do not have fire service as of January 1, 2007. The provisions of the bill still apply only in Maricopa County, but this bad precedent could become statewide in the future. Meanwhile, a widely accepted alternative, Senate Bill 1556, has finally been assigned to the House Counties, Municipalities and Military Affairs Committee (CMMA), chaired by long-time city advocate Representative John Nelson, but is not yet scheduled for a hearing. We will continue to support this bill as the consensus alternative that does not have a state-imposed mandate. BLUE STAKE LEGISLATION STALLED: QUICK ACTION MAY BE NEEDED In this week's stakeholder meeting on the blue stake issue, Representative John Nelson decided to not push the blue stake legislation forward due to lack of agreement between the municipalities and Southwest Gas. He requested clarification on the issue from the Attorney General's Office instead, an action that often takes months to get an answer. Once a response is received, the interested parties will again meet to discuss the response and our options at that point. ...~.-'-'.w"""""".<~..._..,"...,~_,~."~_~.,.."".""<.,,,~...,'..~".".~.,.,..,,_"_,i""'._'."_.___,~.. Blue Stake Legislation stalled; Quick Action May Be Needed Contd. While it now appears that House Bill 2066 will not move forward this session, a strike everything amendment on this issue could appear in a committee at any time. Please contact your members to update them on where this issue is at (it won't move forward this session while discussions continue at the local level) and that you remain opposed to any mandate to locate and mark these facilities. If such an amendment appears, the League will be sending out a call for action to oppose. Please respond to that request as soon as you receive it. We have to let legislators know loud and clear our opposition on this issue. Please contact Cheyenne at the League office with any questions. WEAPONS MANDATE TO BE HEARD IN COMMITTEE ON WEDNESDAY Senate Bill 1251, which increases last year's restrictions on our ability to regulate weapons in public events, was held in committee this week and we anticipate that it will be heard again next week. This bill, sponsored by Senator Chuck Gray, makes significant changes to the law that just went into effect less than six months ago. The bill requires your storage facility to be within 200 ft. of the main entrance to the building. In addition, the storage must have individual compartments that are keyed and the owner must be able to retain the key. In addition, cities and towns may not ask for or record any identification or the serial number of the weapon. Please contact the following Government Committee members on this issue before Wednesday afternoon's meeting to oppose this public safety hazard: Representative Phone Email Kirk Adams, Chair 602-926-5495 kadamsrii)azleo. <~ov Jonathan Paton, VC 602-926-3235 inaton(iDazlcg.oov Tom Boone 602-926-3297 tboonc((z)azleo. (Jov Rav Barnes 602-926-5503 rbarnes((ziazlc,'. (JOV Rich Crandall 602-926-3020 rcrandall(iDazlco. (Jov Warde Nichols 602-926-5168 wnichols(o)azlcg. gOV Mark Anthony Desimone 602-926-3037 mdesimoncllVazleg. gOY Steve Farley 602-926-3022 sfarlev1aJ,az!eu.oov Martha Garcia 602-926-5830 mnarciafii)azleg. gOY Lena Saradnik 602-926-3398 lsaradnikra)azleo.oov CONSTRUCTION SALES TAX BILL COMING BACK The House Government Committee will also utilize the controversial strike-everything amendment on Senate Bill 1544, to put on the provisions of Senate Bill 1366. The bill was brought earlier in the session by the Homebuilders Association of Central Arizona. The amendment mandates that cities and towns dedicate 50 percent of construction sales tax revenue to new development infrastructure if that city or town levies a construction sales tax rate that is higher than the average rate imposed on the other sales tax classifications. We need YOU to contact the members of the Government Committee for this bill as well. Please let them know that: . Sales taxes constitute the main source of general fund revenue for many small communities. . This bill could jeopardize essential services such as: o Public safety o Transportation o Trash collection. . This bill allows special interest groups to dictate the expenditures of local revenues instead of the locally elected officials. 2 March 9, 2007 Construction Sales Tax Bill Coming Back Contd. Please call Jeff Kros at the League (602-258-5786) if you have any questions. Your input and participation are essential. IMPACT FEES BILL PASSES HOUSE COMMITTEE Senate Bill 1423 passed unanimously in the House Counties, Municipalities and Military Affairs Committee on Tuesday. The bill was supported in committee by all interested parties, including much of the development community. We look forward to this bill moving through the House and to the Governor's desk. Information on this bill and its current provisions has been emailed to each city and town. If you would like more information, please contact Cheyenne Walsh at the League office. LEAGUE WEBSITE BILL TO BE HEARD IN COMMITTEE ON THURSDAY House Bill 2208 is the League's bill that extends the deadline created in last year's mandate to post certain information on our websites. This bill makes that deadline 10 working days rather than the three currently allowed in the law. It also clarifies that minutes or a recording may be posted to meet the requirement. Please contact members of the Senate Government Committee and ask them to support House Bill 2208. WATER PREEMPTION RECONSIDERED AND PASSES THE SENATE Senate Bill 1119 preempts municipalities from regulating water use in irrigation districts if their service areas overlap. Aside from the preemption, this bill is concerning in that irrigation districts have a lot of flexibility in developing conservation standards and are able to use ground water, which threatens our state's ability to maintain a stable water supply for the future. This bill failed in the Senate Committee of the Whole with a 14-16 vote several weeks ago. It was reconsidered this week and passed 16-12 with Senators Linda Gray and Barbara LefT changing their votes. The League appreciates those Senators that continued to oppose this preemption. This bill now moves to the House for consideration. WHEN TENANTS DON'T PAY THEIR WATER BILL A bill working its way through the process could change the way municipal water utilities collect back payments. Senate Bill 1359 would prohibit cities and towns from refusing to turn the water back on to a dwelling until the back payments are made. A number of cities are concerned because turning off the water and refusing to restore service until the payments are made helps enforce collections. Proponents of the bill argue that the landlord or a future lessee should not be held responsible for the late payments of a lessee when the landlord was not a party to the contract. Many cities agree with that position and protect their interests through security deposits. Other cities claim that the landlord is ultimately responsible for services to the dwelling and that security deposits the landlord is entitled to collect under the law are supposed to cover this cost of doing business. We will oppose this bill. SIGN BILL PASSES HOUSE House Bill 2369, the temporary sign bill, did indeed rise again. The bill that totally overrides local control when it comes to temporary signs had a Third Read in the House of Representatives on Thursday, March 8, 2007. It unfortunately passed 36-21, with three members not voting. Representatives Steve Farley and Tom Prezelski spoke strongly about the attack on local control and the legislature's attempt to micro- manage. It now goes to the Senate. We need to now educate our senators on what a bad bill this is. If you need help contacting your Senators please contact Dale Wiebusch at 602-258-5786. SENATE BILL 1286: VICTIMS' RIGHTS OMNIBUS On the surface, Senate Bill 1286, the victims' rights omnibus bill, is a strong statement designed to assist crime victims through the judicial process. Unfortunately, it has a few unintended consequences. First, it requires that prosecutors provide notice to victims of motions to continue, but most of those motions are made at the pre-trial stage. There is no practical way prosecutors could give notice to the victim that a motion has been filed before it is ruled on. 3 March 9, 2007 Senate Bill 1286: Victims' Rights Omnibus Contd. The second major problem we see involves getting victims transcripts of proceedings. Municipal courts record the proceedings instead of transcribing. The bill requires those recordings to be transcribed. There is quite a cost to that. Currently if a proceeding is over 90 minutes in Phoenix they contract with a transcription company. In 2004-2005 fiscal year there were 16,077 pages transcribed, at $3.25 a page -- that's over $52,000! With this bill the increased work load could require at least another person to be hired. It would be easier to supply a victim with an electronic copy that would afford them the goal of information without the courts incurring substantial costs. We will work towards amending this bill to address our concerns. If you have questions on this bill please contact Dale Wiebusch at 602-258-5786. PROBLEM LIQUOR BILL ADVANCES House Bill 2391, the spirituous liquor omnibus bill, passed through the House with 39 votes this past week over the objections of the League and several cities. The bill is scheduled to be heard in the Senate Commerce Committee next week. We remain concerned that the Department of Liquor Licenses and Control's (DLLC) loses its ability, under the bill, to stop those establishments that egregiously flout the food threshold from operating. The bill currently strips the Department of its power to revoke the restaurant license from establishments where food sales do not comprise at least 30 percent of their gross receipts. The liquor industry is adamant that the word "revoke" not be used because that hurts their ability to obtain liquor licenses in other states. We will work toward a way to help the industry without compromising the Department's ability to rid our neighborhoods of bad establishments. The liquor industry is also trying to create a legal "safe harbor" for establishments that use a scanning device. Rather than using reasonable judgment to ascertain whether a person is of legal drinking age when examining the IDs, they want to scan the ID, photograph the person and hide behind the safe harbor. This is unacceptable and would make it easier for underage persons to obtain liquor. We are continuing to work with the industry, the liquor department and legislative members to work out our concerns. CONTRACTOR VERIFICATION BILL ADVANCES Another bill causing consternation among some cities is Senate Bill 1483, which contains a provision that cities and towns (really all public entities) must verifY a contractor's license information with the Registrar of Contractors before issuing a building permit. Some cities fear this could open them up to liability if the Registrar's information is incorrect and a building permit is wrongly granted. Another concern is the cost of compliance and the bottleneck that could result with this new line of red tape. Other cities tell us this they have been verifYing with the Registrar for years. We will continue to watch this bill and make our concerns known to the members. THE WEEKLY SPOTLIGHT- REPRESENTATIVE JOHN MCCOMISH This section of our bulletin focuses on legislators who have been supportive of the League. This week we feature Representative John McComish, Legislative District 20. A native of Ohio, Representative McComish graduated from Colgate University in 1965. He spent the next 24 years climbing the corporate ladder with several Fortune 500 companies. He was named National Sales Manager with Johnson & Johnson at the age of 35. In 1989, he decided to leave the corporate world, moved to Arizona and opened a bookstore. After seven successful years as a small business owner, he closed the door of the bookstore and took over as President of the fledgling Ahwatukee Foothills Chamber of Commerce in 1996. Since that time, the Chamber has grown from 64 members to over 500. He recently retired from being the President. In addition to his Chamber responsibilities, McComish served on the City of Phoenix Planning Commission and has been Chair of the Ahwatukee Foothills Village Planning Committee. John McComish and Karen, his wife of 40 years, live in Ahwatukee where she is a teacher in the Kyrene School District. They have two adult children and two grandchildren. 4 March 9, 2007 The Weekly Spotlight Contd. How do you see local government impacting people's lives? Local government has the most direct impact on people's daily lives. Decisions made by cities and towns affect the basics of their everyday existence. Police, fire, streets, sanitation - all these departments have an impact on all citizens every day. I mean this in a very positive way when I say that the local governments have to do the "dirty work". It is often not glamorous, but critical. What issues do you see as particularly important to local government this session? One issue that is particularly important to local government this session: Well, it is impossible to pick one, but, if I must, it will be transportation. Weare at a crossroads regarding transportation in our state. Our cities will continue to grow and the state must provide the transportation infrastructure, where we have unfortunately fallen behind. Decisions we make in the legislature this year and next regarding transportation modes and funding will have far-reaching implications. Tell us something about your family (favorite things to do with children, grandchildren, etc?) My wife and I have two children and two grandchildren, all of whom live in the Berkshire Region of Western Mass. Our favorite thing in the summer is obviously to visit them. For recreation at other times, we enjoy hiking in South Mountain Park. What is your favorite vacation spot? See above answer, as long as we are with the grandchildren. What are your favorite hobbies? Well, it used to be politics. Now it is my vocation. I enjoy all spectator sports, especially rooting for the Diamondbacks and Suns. Thank you for your time. Thanks for asking me to participate. 5 March 9, 2007