Legislative Update
by Lori Lustig
The 49th Legislature's first regular session is well underway. The question is, how will we fare at session's end?
Current projections call for a $1.6 billion budget shortfall for FY 2009, with an additional $3 billion shortfall for FY 2010. Money is not currently coming in from sales tax revenues, of which new homes sales once comprised a significant portion. Despite the focus on the budget, you can be sure there is no shortage of legislation on other matters being introduced this session. As of late February, 629 bills have been introduced in the House and 469 bills in the Senate, exclusive of resolutions and memorials.
Of course, introducing a bill is only the first step. Many liken the passing of legislation to making sausage; the end product may taste good, but it is a tortured and unpleasant process. While it's too early to tell which amendments or compromises will be made to bills introduced currently, there are a few of interest we should keep our eyes on:
SB 1141 Title:Local planning; residential housing incentives. Introduced by Sen. Jonathan Paton, for those of you familiar with the term "inclusionary zoning," this bill would prohibit the practice. Essentially, it prevents cities, towns or counties from mandating through the approval/permitting process that for-lease or for-sale housing be set at a proscribed price or for the benefit of a proscribed group of individuals.
SB 1156 Title: Local development fees; school; exclusions. Introduced by Sen. Linda Gray, this bill prohibits the assessment of development fees against any school district or charter school for any construction costs except those directly related to the physical connection of the school facility to the public utility service.
HB 2080 Title: Contractor's payment. This bill was introduced by representatives Reagan, Schapira, Campbell CL, Chabin and Crandall. The bill sets out a procedure for a contractor to submit a "billing" or "estimate for final payment on final completion," and it defines "final completion." HB 2080 also sets a procedure for an owner to make payment or allocate funds for any disputed work or sums related to a project.
HB 2192 Title: Development fees; public transportation. Introduced by Rep. Steve Farley, the bill proposes to add "public transportation" to the definition of necessary public services and allow for the assessment of such development fees in cities, towns and counties. This same bill was introduced last session and was unsuccessful.
HB 2259 Title: Local development fees; procedures. Introduced by Rep. Biggs, Rep.Quelland and Sen. Paton, this bill revises the procedures for the assessment of municipal development fees by cities and towns.While the details are still being finessed, it was drafted in conjunction with the homebuilding stakeholder community.
HB 2267 Title: Municipalities; counties; fire sprinklers; codes. Introduced by Rep. Crump, this bill would prohibit a city, town or county from adopting an ordinance mandating the installation of fire sprinklers in single-family homes.
HB 2247 Title: Home sales; water supply disclosure. This bill was introduced by representatives Ableser, Barnes, Garcia M, Mason, Pancrazi, Campbell CL, Jones,McGuire and Quelland and Sen. Burton Cahill. The bill states that, beginning January 1, 2010, a subdivider who sells one or more lots in a subdivision located outside an active management area would be required to record a document containing a statement of water adequacy or inadequacy for that subdivision. There are additional details in the bill as well, and we will watch for amendments made along the way.
HB 2329 Title: Solar energy; permits. Introduced by Rep. Lucy Mason, this bill caps the fees charged for residential building permits for solar energy system construction permits or inspection charges for solar panels or solar water heating systems.
HCM 2004 Title: Secret ballots; protecting fundamental right. Introduced by Representatives McComish, Ash, Barnes, Crandall, Gowan, Kavanagh, Tobin, Driggs, McLain, Murphy,Nichols andWilliams, and senators Allen C, Gorman,Harper, Leff, Burns, Gray C, Gray L and Verschoor. This Memorial urges Congress to oppose any attempt to take from Arizona workers the fundamental right to a secret ballot in a union organizing election or to preempt Arizona's ability to protect the fundamental right to a secret ballot for its workers.
There also seems to be a contest brewing over the issue of fingerprint clearance for contractors in school construction projects. Essentially, HB 2031 Title: Schools; contractors; fingerprint clearance, introduced by Republican Rep. John Kavanagh, will require a valid fingerprint clearance card of any contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis on school property.
However, HB 2402 Title: Schools; contractors; fingerprinting; crimes, led by Democrat Rep. Nancy Young Wright, would allow a school district the ability to refuse to contract with or terminate an existing contract with any contractor subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is convicted (or admits to) any crime listed in ARS 15- 512(D), and sets out the terms for such termination. Just a hunch-Rep. Kavanagh's bill will be the more successful legislation this session.
Over the remainder of the session, new bills will be introduced and some of these bills will be modified or dropped. If you would like more information on these or any other bills, you may go to www.azleg.gov or call the Arizona House of Representatives or Arizona Senate to request a copy of a bill with current amendments.
Lori Lustig, RN JD, is a State Lobbyist who has represented Arizona homebuilders' associations at both the state and municipal levels.
