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Legislative Issues - February 16, 2012
We have assembled information on a few important issues being discussed in the Legislature.
What do you think?
Please take a moment to review each issue and submit your input using the comment link. Your comments will be emailed to the Intergovernmental Relations department as well as your legislative representatives.
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HB2771 HURF Monies; Accounting; Appropriations
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| Bill Summary |
View Bill info on azleg.gov
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| The Department of Transportation is required to maintain a ledger with a detailed accounting of all reallocations or transfers of monies from the AZ Highway User Revenue Fund that were not authorized by statutory formulas beginning from January 1, 2000, and specify how the monies would have been allocated under the statutory formula to municipalities, counties and the State Highway Fund. The Legislature is required to consider budgeting repayments of HURF monies accounted for on the ledger using excess general fund monies. Appropriates $20 million from the general fund in FY2012-13 to the Dept for payments against the ledger. |
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City Position: SUPPORT
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It is reported that some reduction in the amount of HURF sweeps is being included in the legislative budget, but the Arizona League of Cities has not seen any numbers. Rep. Vic Williams is supporting two efforts to protect HURF and to restore $20 million of funds previously swept. The bills are HCR 2058 and HB 2771.
HB 2771 requires the Department of Transportation to account for HURF monies that have been diverted from municipalities, counties and the State Highway Fund; requires the Legislature to consider repayment of those funds; and appropriates $20 million as an initial repayment. HCR 2058 (HURF; monies; allowable uses) would constitutionally protect HURF and Vehicle License Tax dollars from future sweeps and restrict their use to traditional highway and roadway purposes.
Please contact our state representatives and ask them to support efforts to restore HURF funds to cities and towns. |
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Click here to submit your comments on
HB2771
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HB2815: Employment; Incentives; Regulatory Tax Credits
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| Bill Summary |
View Bill info on azleg.gov
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| Beginning in tax year 2014, establishes an individual and corporate income tax credit for the creditable costs and expenses of “excessive regulation” (defined) incurred by a taxpayer. The credit is capped at $1,000 for individuals and $4,000 for corporations in tax years 2014 and 2015, and $2,000 for individuals and $8,000 in tax years 2016 and after. The unused credit may be carried forward for up to 10 consecutive taxable years. Establishes caps for the aggregate amount of credits in claims against different government entities. Establishes a process for claiming the credit, including approval by the Department of Revenue. An approved credit constitutes a debit against the general fund appropriation for a responsible state agency, a debit against state shared revenues for responsible counties and municipalities, and a debit against any other taxing entity’s monies in the custody of the State Treasurer for other taxing entities. All or part of an unclaimed credit may be sold or transferred under specified conditions. Additionally, the list of amounts subtracted from Arizona gross income for individual and corporate income tax purposes is expanded to include net capital gain included in federal adjusted gross income for the taxable year that is derived from an investment in a capital asset acquired after December 31, 2011, beginning with 25 percent of net capital gain in tax year 2013 and increasing 25 percent per tax year to 100 percent in tax year 2016 and after. Corporations may carryover net operating losses arising in tax years beginning with 2013 for 20 years, increased from 5 years. |
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City Position: OPPOSE
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| This bill, passed out of the House Commerce Committee February 15, 2012, with an amendment that adds a massive section of claims and compensation for “excessive regulation,” as determined by any citizen. It sets up a process for people to make claims, receive a tax credit, and have the money deducted from shared revenue distributions. Its imprecise definitions, vague language and complexity make this a legal nightmare. |
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Click here to submit your comments on
HB2815
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SB1205 Relating To Public Classrooms; FCC Compliance
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| Bill Summary |
View Bill info on azleg.gov
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| Forbids teachers from saying words in the classroom that would violate Federal Communications Commission (FCC) regulations concerning obscenity, indecency and profanity. The definition of obscenity is based on United States Supreme Court definition of obscenity and applies to material not protected by the first amendment and meets any of the following: “an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and the material, taken as a whole, must lack serious literary, artistic, political or scientific value.” The FCC defines indecent material as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” The FCC has defined profanity as “language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.” |
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City Position: NO POSITION
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| There is no anticipated fiscal impact to the state General Fund associated with this legislation. The purpose of the bill is to establish penalties for a classroom instructor that uses obscenity, profanity or indecency. |
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Click here to submit your comments on
SB1205
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SB1113 Homeowners’ Associations; Public Roadways
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| Bill Summary |
View Bill info on azleg.gov
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| States that a planned community association has no authority over roads that are dedicated to a governmental entity. |
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City Position: MONITORING
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On Thursday, February 9, the Senate Committee of the Whole debated and passed SB 1113, sponsored by Senator Nancy Barto (R-Phoenix), this bill divests homeowners' associations (HOAs) of authority over roads that are dedicated to a governmental entity.
The League opposes the measure because of the burdens it imposes on local law enforcement and financial resources. The bill will go on to be third read in the Senate.
Also this week, the House Government Committee heard and passed HB 2030, another HOA and public roadway measure. The sponsor, Representative John Kavanagh (R-Fountain Hills), amended this version to permit an HOA to regulate the parking of passenger vehicles on public roadways if that HOA allows each member household to park two or more vehicles in its driveway. Despite the amendment, the League opposes the bill for the same reasons it opposes SB 1113. HB 2030 now proceeds to the House Rules Committee.
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Click here to submit your comments on
SB1113
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HB2030 Homeowners’ Associations; Public Roadways
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| Bill Summary |
View Bill info on azleg.gov
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| HB 2030 denies an association the authority to regulate any roadway for which ownership has been dedicated to or is otherwise held by a governmental entity. |
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City Position: MONITORING
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Also this week, the House Government Committee heard and passed HB 2030, another HOA and public roadway measure. The sponsor, Representative John Kavanagh (R-Fountain Hills), amended this version to permit an HOA to regulate the parking of passenger vehicles on public roadways if that HOA allows each member household to park two or more vehicles in its driveway.
Despite the amendment, the Arizona League of Cities opposes the bill for the same reasons it opposes SB 1113. HB 2030 now proceeds to the House Rules Committee.
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Click here to submit your comments on
HB2030
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HB2168 Building Permits; Self-Certifications Process
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| Bill Summary |
View Bill info on azleg.gov
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| Municipalities are required to give permit applicants the option of obtaining the permit through a municipally directed permitting process or through self-certification. For each regulation imposing a permitting requirement, municipalities must adopt a procedure for issuing permits through self-certification that contains specified elements. |
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City Position: OPPOSE
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| Municipalities issue permits as a neutral body in an attempt to determine a standard level of safety for all residents. By circumventing city review, the city will be unable to maintain the standard their residents may desire. Although the bill has been revised to reduce the burden on smaller municipalities and the term permit has been defined, the bill introduces several potential unintended consequences such as liability, conflict of interest, maintaining a standard of service, and more. The bill holds the city liable for permit issue while a self certification process is undertaken. The bill also proposes a potential conflict of interest in permit approval. Professionals hired to certify a permit would potentially be paid by their employer to approve their employer's plans. |
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Click here to submit your comments on
SB2168
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Intergovernmental Relations
16000 N Civic Center Plaza
Surprise, AZ 85374-9002
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Phone: 623.222.3623
Fax: 623.222.1301
Email US |
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