P.L.A.N. Update - Legislature Calls it a Day‏

Legislature Declares Sine Die at 11:07 p.m. Thursday, April 29

After a week of expedited floor action and conference committees, the legislature adjourned at 11:07 p.m. on Thursday, April 29. Now that the 49th Legislature's 2nd Regular Session has adjourned, the Governor has ten days (not including Sundays) to act on the remaining bills that were sent over by the Legislature. Bills without an emergency clause or specific enactment date will take effect on July 28, 2010.

During this session, 1233 legislative bills were introduced, of which 352 were approved and sent to the Governor. At this writing, Governor Brewer has signed 209 bills and vetoed five. Once a bill reaches the Governor's desk, she must either sign the bill, send the bill to the Secretary of State to become law without her signature, or veto the bill. The legislature posts the status of bills at http://www.azleg.gov/FinalDisposition.asp.

Disposition of Other Bills Of Interest

SB 1144: Drug Offenses; Definitions (Sen. John Huppenthal, R-Chandler) adds a number of drugs to the "dangerous drugs" list in the criminal code. The Governor signed this bill on April 28.

HB 2246: Regulation of Fireworks (Rep. Andy Biggs, R–Gilbert) permits the sale of consumer and display fireworks. This bill is similar to one that was vetoed by Governor Brewer last session. Other than the local preemption from regulating display fireworks, the city is concerned that more people could be physically harmed by these devices and that the state fire marshal, who is tasked to adopt and enforce rules related to the storage of fireworks, is not funded sufficiently to enforce the proposed law. This bill was transmitted to the Governor on April 26.

HB 2338: Yellow Lights; Duration; Photo Enforcement (Rep. Frank Antenori, R–Tucson) initially would have impacted the use of "red light running" cameras at our intersections. The bill has now been amended to regulate only the timing of the traffic signals. HB 2338 was transmitted to the Governor on April 27.

SB 1070: Immigration; Law Enforcement; Safe Neighborhoods (Sen. Russell Pearce, R – Mesa) enacts numerous changes to laws dealing with immigration. Some of these changes include:

• prohibiting local governments from adopting policies that restrict or limit their law enforcement officers from enforcing federal immigration law;
• establishing a crime for willful failure to carry/complete an alien registration document;
• requiring law enforcement officers to attempt to confirm the immigration status of a person they come in contact with whom they reasonably believe is an alien who is unlawfully in the United States; and
• makes it a class one misdemeanor for a driver to impede traffic while in the act of offering work to a nearby pedestrian, or for the pedestrian to enter the vehicle.

Source: P.L.A.N.

P.L.A.N. Update - Legislature Still Hard At Work‏

Governor Signs Pro-Neighborhood HB 2479

On Monday, Governor Brewer signed HB 2479: Foreclosure Deeds; Buyer Identification (Rep. Bill Konopnicki, R – Safford) into law. The bill – which was introduced at the request of the City’s Neighborhood Services Department – requires that foreclosure documents contain a name and contact information of the "real person" responsible for the property. This information will help the City in contacting the person who can address problems that are often associated with foreclosed homes (e.g. graffiti, weeds, broken windows).

Awaiting the Governor's Signature

SB 1144: Drug Offenses; Definitions (Sen. John Huppenthal, R- Chandler) adds a number of drugs to the "dangerous drugs" list in the criminal code. This bill passed the House by a vote of 55-0, the Senate concurred and was transmitted to the Governor for her signature on April 23.

Other Bills Of Interest

HB 2246: Regulation of Fireworks (Rep. Andy Biggs, R–Gilbert) permits the sale of consumer and display fireworks. This bill is similar to one that was vetoed by Governor Brewer last session. Other than the local preemption from regulating display fireworks, the city is concerned that more people could be physically harmed by these devices and that the state fire marshal, who is tasked to adopt and enforce rules related to the storage of fireworks, is not funded sufficiently to enforce the proposed law. HB 2246 was approved for concurrence in the House and could soon be on its way to the Governor.

HB 2338: Yellow Lights; Duration; Photo Enforcement (Rep. Frank Antenori, R–Tucson) initially would have impacted the use of "red light running" cameras at our intersections. The bill has now been amended to regulate only the timing of the traffic signals. HB 2338 was transmitted to the House on April 23.

SB 1070: Immigration; Law Enforcement; Safe Neighborhoods (Sen. Russell Pearce, R – Mesa) enacts numerous changes to laws dealing with immigration. Some of these changes include:

• prohibiting local governments from adopting policies that restrict or limit their law enforcement officers from enforcing federal immigration law;
• establishing a crime for willful failure to carry/complete an alien registration document;
• requiring law enforcement officers to attempt to confirm the immigration status of a person they come in contact with whom they reasonably believe is an alien who is unlawfully in the United States; and
• makes it a class one misdemeanor for a driver to impede traffic while in the act of offering work to a nearby pedestrian, or for the pedestrian to enter the vehicle.

On Friday, April 23, the Governor signed this bill, but it does not take effect right away. The State Constitution is very specific about when legislation becomes effective. Generally, a bill becomes law on the 91st day following Sine Die, the day the legislative session ends. That is the case for this enactment as it has neither an emergency clause, making the legislation effective immediately, nor a "Proposition 108" impact, creating additional revenue for the state.

The question of when the Legislature will "Sine Die" is yet to be determined. The 100-day legislative session benchmark has not been met since 1997 when the Legislature adjourned after 99 days.

Source: P.L.A.N.

P.L.A.N. Update - Sine Die on the Horizon‏

Counting the Days

This week the Senate President extended the deadline for conference committee deliberations to April 29. This is a sign that Sine Die may follow soon after. As defined in the Arizona Legislative Manual, "adjournment sine die, literally adjournment 'without a day,' marks the end of the legislative session and terminates all unfinished business because it does not set a time for reconvening."

So far during the 2nd Regular Session, 1223 legislative bills have been introduced, 115 approved by the legislature and 98 transmitted to the Governor. Of those 98, Governor Brewer has signed 58 bills and vetoed 3. Once a bill reaches the Governor's desk, she must either sign the bill, transmit the bill to the Secretary of State without signing it or veto the bill. During session, the Governor has 5 days to act; following sine die, she has 10 days. Status of bills is posted at http://www.azleg.gov/FinalDisposition.asp.

While the legislature is still in session, it may override the Governor's veto with two-thirds of the members in the House and the Senate voting in favor of the bill. Three-fourths of both chambers must approve the vetoed bill if it contains and emergency clause or if the measures increases revenue to the state.

Transmitted to the Governor

HB 2479: Foreclosure Deeds; Buyer Identification (Rep. Bill Konopnicki, R-Safford) received final Senate approval on Monday and was transmitted to the Governor for her approval. This bill will make it easier to contact owners of foreclosed properties that have fallen into disrepair. Phoenix favors this measure.

Other Bills Of Interest

HB 2246: Regulation of Fireworks (Rep. Andy Biggs, R–Gilbert) permits the sale of consumer and display fireworks. This bill is similar to one that was vetoed by Governor Brewer last session. Other than the local preemption from regulating display fireworks, the city is concerned that more people could be physically harmed by these devices and that the state fire marshal, who is tasked to adopt and enforce rules related to the storage of fireworks, is not funded sufficiently to enforce the proposed law. HB 2246 is ready for Third Read in the Senate.

HB 2338: Yellow Lights; Duration; Photo Enforcement (Rep. Frank Antenori, R–Tucson) calls for the Arizona Department of Transportation to establish a yellow light duration standard that a community must adopt if it is to operate red light photo radar systems. Federal standards already exist that Phoenix has applied to our traffic signals. The city is working with the bill sponsor and others to address concerns about the bill. HB 2338 is ready for Third Read in the Senate.

SB 1070: Immigration; Law Enforcement; Safe Neighborhoods (Sen. Russell Pearce, R – Mesa) proposes numerous changes to laws dealing with immigration. Some of these changes include:

• prohibiting local governments from adopting policies that restrict or limit their law enforcement officers from enforcing federal immigration law;
• establishing a crime for willful failure to carry/complete an alien registration document;
• requiring law enforcement officers to attempt to confirm the immigration status of a person they come in contact with whom they reasonably believe is an alien who is unlawfully in the United States; and
• makes it a class one misdemeanor for a driver to impede traffic while in the act of offering work to a nearby pedestrian, or for the pedestrian to enter the vehicle.

The bill is ready for Third Read in the Senate. The city is studying the bill to determine how it would impact Phoenix Police operations.

Source: P.L.A.N.

P.L.A.N. Update - Legislature Winding Down‏

The Final Stretch -- Week of the "Strike Everything" Amendment
Yesterday was the deadline for committees to hear bills, without special permission, so a blizzard of bills appeared on long agendas and many hearings stretched into the evening hours. It was also the last opportunity to introduce "strike everything" amendments, since legislative rules do not allow those amendments on the floor of either the Senate or House. A strike everything amendment substitutes one bill for another bill and can be wholly unrelated to the original bill, but does retain the bill number and sponsor. One example of this is Senate Bill 1010, a bill introduced by Rep. Rick Murphy (R-Glendale) related to "Child Restraint Systems," but when the bill was listed on the House Ways and Means Committee agenda this week it said SB 1010 would be transformed into a bill entitled "County Libraries; Counties;Taxes." A strike everything amendment can bring an old, dead bill back to life or introduce a brand new issue that didn't get introduced before the original deadline. Pretty clever, isn't it.

Speaking of Library Taxes . . . Senator Linda Gray Airs County Library Tax Issue

After numerous attempts, Phoenix and other cities in Maricopa County succeeded this week to publicly express the unfairness of the Maricopa County Library District (MCLD) distribution of its secondary property tax revenue. Phoenix property owners pay this tax but see very little benefit from MCLD. For example, last year only ten cents of each dollar paid by a Phoenician came back to the City. Senator Linda Gray (R-Phoenix) very graciously offered to air the issue in her Public Safety and Human Services Committee, since three previous committees had declined to hear SB 1373: County Library Districts; Counties; Taxes (Sen. Al Melvin, R-Oro Valley) and similar bills run as strike-everything amendments. GR staff, as well as the City’s Library Director, presented the issue together with library directors from the cities of Glendale and Scottsdale. Thank you, Senator Gray!

Source: P.L.A.N.

P.L.A.N. Update - Help Support City Libraries!‏

Try, Try Again for Fair Library Funding

This session there have been two bills introduced that would provide a fair distribution of library funds to cities and towns throughout Maricopa County. Unfortunately, neither of the bills did received a hearing. On Monday, SB 1010 is on the agenda in the House Ways and Means Committee.

The City of Phoenix requests your SUPPORT of the SB 1010 "strike-everything" amendment.

In 1986, the Legislature passed a law allowing creation of library districts with the power to levy property taxes to pay for libraries and library service. One year later, the Maricopa County Board of Supervisors formed the Maricopa County Library District (MCLD). In the 1980s Maricopa County was mostly unincorporated but has evolved to be very urbanized today. Many cities and towns in Maricopa County provide their own libraries and library services, but state law provides that taxes collected by library districts cannot be passed to cities and towns. The result is that city residents in Maricopa County pay the library tax but city libraries cannot directly use any of those revenues.

The SB 1010 strike everything amendment will allow a city or town to receive at least 60% of the library taxes its residents pay to the MCLD for that city or town to use for library purposes. The library district would keep 40% of the library tax collected in the County to use for district purposes and would continue to fund unincorporated areas of the county and communities with populations of 50,000 and less. These changes would not be effective until fiscal year 2012-2013, giving the district plenty of time to prepare.

In the early 1990s, library directors and librarians throughout Maricopa County worked together to develop a regional master plan that would coordinate county and city library service. In recent years, coordination with MCLD has been stymied by the 1986 legislative limitations. In October 2009, the library stakeholders group proposed that the MCLD “annually return 50% of tax revenue received through assessment of incorporated cities back to the cities through a reciprocal borrower reimbursement program” to be phased in over a period of up to 10 years. MCLD rejected the proposal. The SB 1010 strike everything amendment removes the state law barrier to true coordination of library service and fair taxation of city residents.

FACTS

In 2008, Phoenix residents paid $6.7 million in property taxes into the MCLD. In that same year, Phoenix received about $600,000 (less than 10% of contributions) in services or revenues from the MCLD: $435,189 in reciprocal borrowing revenue and $165,000 in online database support.

Phoenix residents’ contributions are approximately 32% of total revenues collected in Maricopa County through library district taxes. In the past 12 years, Phoenix residents have contributed more than $50 million to the MCLD.

Currently, the Phoenix Public Library services a residential population of more than 1.5 million. The service population of unincorporated Maricopa County is less than 250,000.

Last year, Phoenix cut its library hours by 30%. This year, Phoenix has enacted additional library service cuts including closing every library except Burton Barr Library once a week.

Source: P.L.A.N.