Friday, April 23, 2010

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.

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