NOTICE OF A REGULAR MEETING OF THE LEAGUE OF ARIZONA CITIES & TOWNS EXECUTIVE COMMITTEE Friday, February 13, 2015 at 10:00 a.m. League Office Building 1820 West Washington, Phoenix Notice is hereby given to the members of the Executive Committee and to the general public that the Executive Committee will hold a meeting open to the public on February 13, 2015 at 10:00 a.m. Members of the Executive Committee will attend either in person or by telephone conference call. The Executive Committee may vote to recess the meeting and move into Executive Session on any item on this agenda. Upon completion of Executive Session, the Executive Committee may resume the meeting, open to the public, to address the remaining items on the agenda. A copy of the agenda is available at the League office building in Suite 200 or on the League website at www.azleague.org. Agenda All items on this agenda are scheduled for discussion and possible action, unless otherwise noted. CONSENT AGENDA: All items will be considered as a group by the Executive Committee and will be enacted with one motion. There will be no separate discussion of these items unless a member requests, in which event the item will be removed from the Consent Agenda and considered as a separate item in its normal sequence on the Agenda. Call to Order; Flag Salute Consent Agenda *1. Minutes *2. League Conference Planning Meeting Lunch *3. Resolution of Appreciation Regular Agenda 4. TPT Implementation Update 5. Legislative Policy Discussion and Updates 6. Report from Budget Subcommittee 7. PSPRS Task Force Report 8. NLC Congressional Cities Conference Report Adjournment Additional informational materials are included in the agenda packet but are not part of the agenda. EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Consent Agenda Item #1* Minutes Summary: Minutes of the previous meeting are enclosed for your review and approval. Responsible Person: President Mark Mitchell Attachments: November 14, 2014 Executive Committee Minutes Action Requested: Approval MINUTES LEAGUE OF ARIZONA CITIES AND TOWNS EXECUTIVE COMMITTEE MEETING Friday, November 14, 2014 at 10:00 a.m. League of Arizona Cities and Towns 1820 W. Washington St. Phoenix, Arizona MEMBERS Jerry Weiers, Mayor, Glendale Thomas L. Schoaf, Mayor, Litchfield Park Ed Honea, Mayor, Marana Christian Price, Mayor, Maricopa John Giles, Mayor, Mesa Kenny Evans, Mayor, Payson Bob Barrett, Mayor, Peoria Greg Stanton, Mayor, Phoenix* Harvey Skoog, Mayor, Prescott Valley W.J. "Jim" Lane, Mayor, Scottsdale Daryl Seymore, Mayor, Show Low Rick Mueller, Mayor, Sierra Vista Sharon Wolcott, Mayor, Surprise Bob Rivera, Mayor, Thatcher Jonathan Rothschild, Mayor, Tucson Douglas Nicholls, Mayor, Yuma President Mark Mitchell, Mayor, Tempe* Vice President Jay Tibshraeny, Mayor, Chandler Treasurer Mark Nexsen, Mayor, Lake Havasu City Doug Von Gausig, Mayor, Clarkdale Gilbert Lopez, Councilmember, Coolidge Lana Mook, Mayor, El Mirage Gerald Nabours, Mayor, Flagstaff Linda Kavanagh, Mayor, Fountain Hills John Lewis, Mayor, Gilbert *Not in attendance League Vice President Jay Tibshraeny called the meeting to order at 10:04 a.m. He also welcomed new members of the Executive Committee – Flagstaff Mayor Jerry Nabours, Fountain Hills Mayor Linda Kavanagh, Maricopa Mayor Christian Price, Pinetop Mayor Daryl Seymore, and Yuma Mayor Douglas Nicholls. 1. RESIGNATION AND APPOINTMENT OF EXECUTIVE COMMITTEE MEMBER FROM CITY OF MESA League Vice President Jay Tibshraeny recognized Mayor Bob Rivera, Chairman of the Nominating Committee, to discuss the appointment of an Executive Committee Member from the City of Mesa. When the League Nominating Committee met last August in Phoenix, Mayor Finter from Mesa was nominated to the Executive Committee, serving as the Mayor for Mesa. As Mayor John Giles has since been elected Mayor of Mesa, the Nominating Committee recommended appointing Mayor John Giles as the representative from the City of Mesa. 1 Mayor Doug Von Gausig made a motion to accept the resignation of Mayor Alex Finter and nominate Mesa Mayor John Giles to the League Executive Committee; Mayor John Lewis seconded the motion and it carried unanimously. CONSENT AGENDA 2. *MINUTES 3. *POLICY COMMITTEE CHAIRS AND PROCESS MEMO; BUDGET SUBCOMMITTEE CHAIR 4. *RECENT LEAGUE AMICUS BRIEFS 5. *RESOLUTIONS OF APPRECIATION Mayor Kenny Evans moved to approve the consent agenda; Mayor Bob Barrett seconded the motion and it carried unanimously. 6. TPT IMPLEMENTATION UPDATE Vice President Jay Tibshraeny recognized League Deputy Director Tom Belshe to provide the TPT Implementation Update. Deputy Director Belshe announced to the Executive Committee that a delay had been secured for implementation of the electronic portal portion and most of the administrative portion of Transaction Privilege Tax. The new date will be January 1, 2016. Mr. Belshe told the committee that the construction industry is not pleased with some interpretations that the Department of Revenue (ADOR) has made about how they will conduct the issuance of exemption certificates. Some construction groups tried to call for a special session, but were not met with much enthusiasm by the governor’s office, and a special session did not occur. The construction industry suggested a new system for construction sales tax that would allow for simplicity of administration; whatever community they do the work in is where they collect retail tax from the customer and remit to the city. There will also be tools in place to help the companies know which city they are in and what the tax rate will be, making it simple for them to add retail tax and remit into the system. Mr. Belshe informed the Executive Committee that the group had positive meetings with the Department of Administration (ADOA) to create a new plan regarding programmers. ADOR will handle interagency issues and will track what is accomplished and what modules are currently being programmed. Mr. Belshe also noted that the development of the audit portion of the implementation continues to go well, as all the municipal and ADOR auditors are going through the same training annually. League Executive Director Ken Strobeck emphasized that Mr. Belshe and representatives from all of the cities and towns were meeting constantly to work on the project. He reminded the Committee that when the bill was passed two years ago, the municipalities were assured that the process would be successful; unfortunately, the programming has caused issues. He noted that when the language for HB 2111 was written, a clause was included that stated that the data must be sufficient to satisfy the municipalities prior to the enactment of the switch. Mr. Strobeck also told the Committee that the League would be creating a series of newsletters to send to the Legislature so that they understand the process and are aware when benchmarks are achieved moving forward. 2 7. LEGISLATIVE POLICY DISCUSSION Vice President Jay Tibshraeny recognized League Executive Director Ken Strobeck for the Legislative update. Executive Director Strobeck told the group that with the election results, there would be changes coming, including a new governor, new legislature and new committee chairs. He welcomed League Legislative Director René Guillen to give an overview of the new leadership at the legislature. Makeup of Legislature Mr. Guillen told the Executive Committee that there were several new faces at the Capitol. He then walked the Committee through the makeup of the legislature, noting that there was similar political breakdown as the group saw in the 2014 session. He also gave an overview of individuals serving in leadership position, noting that many of the individuals had prior relationships with the League and foresaw this providing the League with some positive and communicative relationships heading into the session. Shared Revenue Issues Mr. Guillen told the Committee that the budget would be one of the main focuses of the Legislature this session. He said that the JLBC had released a document in October with their brief analysis of the current fiscal year, indicating that there was a shortfall of half a billion dollars. Assuming that this shortfall is paid off in FY 2015, their analysis was that the FY16 shortfall would be just one billion dollars. Mr. Guillen reminded the Committee that the state had been in a similar financial position previously and had taken care of the shortfall without hitting some key economic sources. He noted that the League’s approach for interaction with the legislature regarding the budget will be education. Mr. Guillen advised the Committee that when discussing items with legislators, it is important to provide them with positive messaging and demonstrate how much State Shared Revenue matters, by emphasizing where the money goes within the communities. Mr. Strobeck informed the Executive Committee that this positive messaging strategy was discussed amongst the League and intergovs. He noted that it would be advisable for the League and municipalities to approach legislators with a shared objective; strong and healthy cities produce a strong state economy. Mr. Guillen said that another topic of interest this session would be HURF. He indicated that there had been some previous discussion with legislators about an alternative funding policy for DPS, saying that if something were to arise, the League would become a partner in this area. Mr. Guillen also told the group that collaboration would be crucial in regards to HURF, with collaboration happening on both the public and private side. Resolutions Mr. Guillen apprised the Executive Committee of changes occurring regarding the League’s Resolutions process. He reminded the Committee that many municipal issues were passed in August, with the League’s Legislative Associate, Dale Wiebusch, taking a lead to develop model ordinances on these topics. Mr. Guillen suggested that the execution of these resolutions would involve many League partnerships, as there were certain issues passed as resolutions that would be better suited for other organizations to take the lead on, with support from the League. He noted that these partnerships would allow for the League to take the lead on strictly municipal issues. 3 PSPRS Task Force Mr. Guillen then welcomed Mr. Scott McCarty, Finance Director for the Town of Paradise Valley and Chair of the League’s PSPRS Task Force, to present an update on the Task Force. Mr. McCarty thanked the Executive Committee for the opportunity to chair the PSPRS Task Force and told the Committee that the group was putting together a work plan and had also developed a list of immediate issues employers could take now to reduce their liability. Mr. McCarty reminded the Committee that the Task Force was a collaboration between the League, ACMA and GFOAz and that it was comprised of 15 members from organizations throughout the state. In the early stages of the process, the Task Force focused on education, learning through a variety of presentations about the PSPRS system. He indicated that the group held discussions with PSPRS administration, actuaries, legal teams and labor associations. Mr. McCarty told the Committee that a goal of the Task Force was to develop a better relationship with those organizations. Mr. McCarty informed the Executive Committee that the PSPRS Task Force had focused on immediate opportunities to present to cities and towns that will enable them to benefit financially, even prior to possible legislation taking place in the long run. He recommended that municipalities learn the details of their organizations’ contributions, focusing on the costs of their particular plan. He told the Executive Committee that their cities and towns should look at the frequency they were making payments to PSPRS. Mr. McCarty indicated that these suggestions would be included on a document that the Task Force was compiling. 8. LEAGUE ANNUAL SURVEY RESULTS Vice President Jay Tibshraeny recognized League Communication and Education Director Matt Lore for the League Annual Survey Results. Mr. Lore reminded the Executive Committee that the annual survey is sent to elected officials and staff from the 91 cities and towns each October. He noted that this year’s survey had also been sent to the additional associations the League works closely with, including the Arizona City/County Management Association, Government Finance Officers Association of Arizona, the Arizona Municipal Clerks Association and the Arizona City Attorneys Association. Mr. Lore invited League Member Services Assistant Amy Price to present the specifics of the Annual Survey. Ms. Price told the Executive Committee that the questions from the survey had remained the same since the online survey was initiated in 2004, allowing for comparison across the years. She noted that the survey results include demographics, overall performance and the services which the League provides. Ms. Price announced that 1,700 surveys were sent out and there were 147 respondents. She then gave a general overview of the survey to members, noting that the results were included in the Executive Committee packet. 9. REPORT ON AZ CITIES@WORK CAMPAIGN Vice President Jay Tibshraeny recognized League Communication and Education Director Matt Lore for the report on the Arizona Cities@Work campaign. 4 Mr. Lore explained to the Executive Committee that the AZ Cities@Work campaign is an ongoing collaborative education and PR program that began in 2013 at the request of the Executive Committee. The campaign is designed to create positive messaging reagrding Arizona’s municipalities with materials that are appropriate for use in all 91 cities and towns. Mr. Lore asked League Communication and Education Assistant Samantha Womer to give an update on the continuation of the campaign. Ms. Womer told the Executive Committee that since the last update was given to the Executive Committee, the League had produced three seasonal projects to enhance the existing components of the Arizona Cities@Work campaign. These included an educational video and materials related to the municipal budget process, a multi-platform print and digital magazine that showcased summer tourism in Arizona’s cities and towns, and the annual Arizona Cities and Towns Week, held in October. She said that the campaign components continue to be utilized by the municipalities and noted that the campaign is focusing more efforts on social media and citizen interaction. 10. RECAP OF 2014 ANNUAL CONFERENCE Vice President Jay Tibshraeny recognized League Communication and Education Director Matt Lore to present a recap of the 2014 Annual Conference. Mr. Lore referred the Executive Committee to the full financial report, included in the Executive Committee packet, noting that 83 of the 91 cities and towns were represented at the conference, with 1,187 attendees’ total. Mr. Lore also told the Committee that planning was already underway for the 2015 Annual Conference and invited interested Committee members to participate in the planning meeting to be held in the Spring. He also reminded the Committee that the 2015 Annual Conference would be held in August at the Starr Pass Resort in Tucson. 11. 2012-2013 AUDIT REPORT Vice President Jay Tibshraeny recognized League Executive Director Ken Strobeck for the Audit Report. Executive Director Strobeck informed the Executive Committee that it was a clean audit and there were no deficiencies to report. Councilmember Bob Rivera moved to approve the 2012-2013 Audit Report; Mayor Douglas Nicholls seconded the motion and it carried unanimously. Seeing no further business, Vice President Jay Tibshraeny adjourned the meeting at 11:57 a.m. 5 EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Consent Agenda Item #2* League Conference Planning Meeting Lunch Summary: The League invites all members of the Executive Committee to participate in a brainstorming planning session for the League’s 2015 Annual Conference. This year’s conference will be held at the Tucson Starr Pass Resort, August 18-21. As a member of the Executive Committee, it is important to get your input to assist staff in planning this year’s event. The lunch planning meeting is where members provide direction to staff on important conference topics, concurrent session ideas and possible keynote speakers. Responsible Person: Matt Lore, Communication & Education Director Action Requested: Approval EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Consent Agenda Item #3* Resolution of Appreciation Summary: A Resolution of Appreciation for former Mayor Bob Barrett of Peoria is enclosed for action by the Executive Committee. Responsible Person: President Mark Mitchell Attachment: Resolution of Appreciation RESOLUTION OF APPRECIATION FOR Bob Barrett A RESOLUTION EXPRESSING THE APPRECIATION OF THE EXECUTIVE COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS TO BOB BARRETT FOR HIS DEDICATED SERVICE TO LOCAL GOVERNMENT IN ARIZONA. WHEREAS, BOB BARRETT served the citizens of the City of Peoria as an elected official for thirteen years – five years on the council and for eight years as Mayor; and WHEREAS, BOB BARRETT has provided outstanding service to the League as a member of the Executive Committee from 2008-2014; and WHEREAS, BOB BARRETT served on the League Resolutions Committee, the League Resolutions Subcommittee, the League Nominating Committee and other special League committees; and WHEREAS, BOB BARRETT was an active participant in League meetings and Conferences as a speaker and a presiding officer; and WHEREAS, BOB BARRETT was actively engaged with legislators about League issues of importance to cities and towns; NOW, THEREFORE BE IT RESOLVED, that the grateful appreciation of the League of Arizona Cities and Towns be extended to BOB BARRETT for his service to city government in Arizona and to the League. EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Agenda Item #4 TPT Implementation Update Summary: League staff has been working with members of the legislature, the construction industry and other interested stakeholders to come to a resolution on the matter of TPT policy for the construction industry. The major challenge is defining a “bright line” between MRRA (maintenance, repair, restoration, alteration) and prime contracting. After much discussion and give and take, a compromise has been reached, language has been drafted and bills introduced in both the Senate and House (SB1446 and HB 2590). If approved, this will be retroactive to the beginning of the year to provide “safe harbor” to contractors who tried in good faith to comply with the law, but were confused by conflicting advice. This agenda item will provide background on the discussions and where the matter stands currently. Responsible Person: Tom Belshe, Deputy Director Attachments: TPT Update Newsletter sent to legislators TPT Reform Bill Key Provisions Prime Contracting TPT Overview TPTUPDATE The latest in sales tax simplification January 2015 | Issue 1 HB 2111 (Laws 2013, Ch. 255) brought landmark changes to how both state and local sales taxes are administered in Arizona. It is all too easy to forget about what happens after a bill is passed. This periodic newsletter is intended to keep the Legislature updated on the progress being made in reaching full implementation. Administration: Recognizing that the provisions of HB 2111 were set to become effective January 1, 2015 and the magnitude of the reform, municipalities began work with DOR shortly after Governor Brewer signed the bill into law. We are pleased to report that we have made significant progress in achieving that goal. However, it became evident that there are some technological challenges that require more time to overcome. We came to agreement with the previous administration to delay implementation in order to provide the best product for the taxpayer and tax administrators. A Project Manager is now in place and specific, measurable benchmarks have been established. We remain committed to supporting those efforts and implementing these reforms correctly and as quickly as possible. Prime Contracting: The bill was intended to simplify state and local TPT tax filing for those engaged in maintenance, repair, replacement and alteration by having them pay the retail tax on materials they use on the job. However, it has become clear that further refinement of these provisions is needed and efforts are currently underway to finalize a consensus bill to address these issues. We are grateful to Senator Lesko, who is leading the discussions with the construction industry and other interested parties to accomplish final language as soon as possible. Audit: HB 2111 requires DOR to create one set of TPT audit procedures for use by all taxing jurisdictions and declares multi-jurisdictional audits are the responsibility of the state. Municipalities will continue to have the authority to directly audit single-jurisdiction businesses according the audit procedures established by DOR. This new audit program is successfully in effect today, providing greater simplicity to the taxpayer. In 2013, Lawmakers passed HB 2111 to streamline Arizona’s Transaction Privilege Tax (TPT) system. The bill establishes the Arizona Department of Revenue (DOR) as the sole collection agency for municipal and state TPT. The bill also changes the way businesses that do repair and maintenance work pay TPT. Finally, the bill integrates municipal and state TPT audits into a program that all taxing agencies will use to ensure taxpayer compliance. QUESTIONS? CALL 602-258-5786 ARIZONA STATE AND LOCAL PRIME CONTRACTING TRANSACTION PRIVILEGE TAX OVERVIEW Overview - as of 2-2-2015 This document was prepared for the general use of the Construction Industry. It is not intended to be a comprehensive summary, or to be relied upon as legal or tax advice. PROPOSED 2015 Legislative and Administrative Changes Current DOR and TPN positions "no change" means the "Current DOR and TPN positions" remain as stated Based on House Bill 2389 enacted in 2014 and Arizona Transaction Privilege Tax Notice TPN 14-1 Based on SB1446/HB2590 introduced on 2-2-2015 1 Modification : Prime Contracting tax (tax on revenues received by contractor) Modification activities encompass construction, improvement, movement (including removal), wreckage, or demolition activities, to the extent that they cannot otherwise be characterized as maintenance, repair, replacement, or alteration activities. Modification means construction, grading and leveling ground, wreckage or demolition; but does not include a) MRRA work as defined in Subsection "O", or b) wreckage or demolition, or any modification activity necessary for MRRA work or c) project mobilization. 2a Maintenance, Repair, Replacement, Alteration (MRRA): Retail tax on contractor's cost of materials “Maintenance” is the upkeep of property or equipment. Examples of maintenance include: an annual system checkup that includes toping off any fluids, restaining a wood deck, and refinishing hardwood floors. no change 2b “Repair” is an activity that returns real property to a usable state from a partial or total state of inoperability or nonfunctionality. Examples of repairs include: recharging partially or totally nonfunctional air-conditioning units with refrigerant, clearing partially or completely blocked pipes of debris, readjusting satellite dishes to restore reception, and replacing worn washers in leaky or totally inoperable faucets. no change 2c “Replacement” is the act of replacing something that exists with something else, including the upgrading of existing systems. Examples of replacement include replacing an HVAC system that is no longer functioning at optimum levels with a new, more efficient unit or replacing a deteriorated shingled roof with a new one. "Replacement" means the removal of one component or system of existing property or tangible personal property installed in exiting property and installing a new component or system that provides the same or upgraded functionality, regardless of the contract amount. Item # Issue Comments to Proposed 2015 Changes Effectively, this means that a project that meets any of the components of MRRA will be treated as MRRA, unless: (1) Modification activities exceed 15% of the contract revenues under the De Minimis rule, or (2) the Alteration activities exceed the limitations outlined in section 2d below. This document was prepared for the general use of the construction industry. It is not intended to be a comprehensive summary, or to be relied on as legal or tax advice. Page 1 Item # Issue 4 "no change" means the "Current DOR and TPN positions" remain as stated Based on House Bill 2389 enacted in 2014 and Arizona Transaction Privilege Tax Notice TPN 14-1 Based on SB1446/HB2590 introduced on 2-2-2015 “Alteration” is an activity that causes a direct physical change to real property without causing a change in the identity of the real property. Examples of alterations include: enlarging a patio, sandblasting a building façade, and tamping railroad ties. 2d 3 Current DOR and TPN positions Residential: If the contract for the project is more than 25% of the most recently available Full Cash Value of the existing property (including land) from the County Assessor for property tax purposes, then the project will be treated as a taxable prime contracting project. This includes all single-family residential, multi-family residential, condos, assisted living, student housing, etc. Commercial: Will be a taxable prime contracting project if ANY of the following are true: 1) The contract for the project is more than $750,000, OR 2) The scope of work directly relates to more than 40% of the existing square footage of the existing property, OR 3) The scope of work involves expanding the square footage by more than 10% of the existing property. NOTE - 25% SAFE HARBOR : If the parties have a "reasonable belief" on contract date that the project would qualify as an Alteration but, at project completion, the project exceeds the applicable threshold by no more than 25%, no change in tax treatment. If any aspect of the project causes the applicable threshold to be exceeded by more than 25%, the project is no longer deemed an Alteration, and the ENTIRE project will be taxed as a prime contracting job. Who is "owner" of real property Owner includes agent or other person with authority to contract for work. If a contractor is working under another contractor who is contracted with an owner, the sub tier contractor is considered to be also working for the owner for TPT purposes. Some language clean up included, but the intent is in line with current DOR and TPN positions. Form 5000 This form maintains its current use for Modification (prime contracting) projects. HOWEVER, should a contractor utilize this form to purchase materials tax-exempt for an MRRA project, the contractor must report and pay the tax no later than in the period it receives final payment (subject to penalty and interest, if reported/paid after the reporting period when purchased); sourcing discussed below. Contractors who will retain their TPT license because they do both MMRA and Modification projects may issue blanket 5000s and purchase materials tax-exempt. This will allow those whose purchase materials in bulk to purchase tax-exempt. Materials that are later incorporated into an MRRA project will require sales tax be reported and paid as discussed below. Purchasing all materials with Form 5000s will entitle the contractor to an offset for tax paid on materials against the prime contracting tax, if the project is ultimately determined to be prime contracting. Comments to Proposed 2015 Changes Residential: Full Cash Value can be obtained on the County Assessor website (HINT: print out the screen to prove value at time of bid for your records) or by asking owner to provide a copy of most recent valuation notice. *Threshold with Safe Harbor is 31.25% of Full Cash Value. Commercial: The $750,000 contract price threshold is the ROC threshold distinction between a B-02 license for "small commercial projects" and the B-01 license required for larger commercial contracts. Threshold components with Safe Harbor are: 1) Contract amount >$937,500; 2) Work within existing property >50% of existing square footage; 3) Expansion >12.5% of existing square footage NOTE : Alteration does not include Maintenance, Repair or Replacement. NOTE: This form can also be used on a "project specific" basis by checking the "single transaction certificate" box and specifying the contract and project description just to the right of this box in that section of the form; then also checking box 3 under "Reason for Exemption", if prime contracting, or noting on page 2 in the description section "Materials to be used in MRRA project". This document was prepared for the general use of the construction industry. It is not intended to be a comprehensive summary, or to be relied on as legal or tax advice. Page 2 Item # 5 6 7a Issue Form 5005 Form 5009L Inventories/Material purchases Current DOR and TPN positions "no change" means the "Current DOR and TPN positions" remain as stated Based on House Bill 2389 enacted in 2014 and Arizona Transaction Privilege Tax Notice TPN 14-1 Based on SB1446/HB2590 introduced on 2-2-2015 This form maintains its current use: It is used by GCs who are doing a Modification project (prime contracting) to communicate to subs that the GC will be the taxable prime contractor, and that the GC assumes liability for the tax that the sub would otherwise owe. This form is ONLY for a prime contracting taxable project and ONLY IF a prime contractor is using a subcontractor who is NOT TPT LICENSED on the project - use of this form should be a rare exception. If the situation meets this criteria, the prime contractor must submit an application to DOR for approval, and once returned from DOR, the prime contractor should pass on to the non-TPT licensed sub. The non-TPT licensed sub will not be able to purchase materials tax-exempt until he has such form to provide to supplier. This form is NOT to be used for MRRA projects. A: TAXPAYERS NOT RENEWING TPT LICENSE (Contractor who will only do MRRA work going forward): Inventories will need to be calculated as of 12/31/2014, then reported and tax paid over 12 months during 2015 - 1/12th each month. Sourcing of tax discussed below. The legislation provides for the use of a form for MRRA projects that mirrors the current Form 5000 for Modification projects. Comments to Proposed 2015 Changes Currently, it is anticipated that the Form 5005 will be updated to provide for its use in MRRA projects (in addition to Prime Contracting projects) so that contractors will only have one form to issue to subs, regardless of the type of project. Effectively, a contractor will be able to issue this form to advise the down-chain subcontractor that the tax obligation will be at the contractor level. And, even if the project is MRRA, and the subcontractor is purchasing materials exempt (via Form 5000), the sub will not pay the tax; rather the contractor issuing the 5005 will report and pay the tax. Some language clean up included, but the intent is in line with current DOR and TPN positions. A: Taxpayers with a canceled license will be required to pay tax on materials as they are a) incorporated into a project where tax would be required on the materials or otherwise used or consumed, or b) sold or disposed of. If the materials are incorporated into an MRRA project, the tax due is based on the purchase price of the materials; if sold or disposed, the tax is based on the revenue received. NOTE A: There will be a transition period exclusion from tax on the first $10,000 of ''on hand" materials (inventory), but ONLY for contractors with licenses canceled before the last day of the month that is 60 days after the bill is signed by the Governor (or enacted without signature). Materials on hand in excess of this threshold will be subject to the terms of this provision. NOTE B: There is also the option for these license-canceling contractors to determine materials on hand (inventory) as of the day before their license cancellation is effective, and to report and pay tax on such value (in excess of $10,000), in a lump sum or over a 12 month period, based on the contractor's cost of the materials, at the retail rate, and based on the contractor's principal place of business. This is a simple process to avoid needing to have two inventory systems during the period while materials purchased tax-free are stored awaiting for future use, without special reporting or recordkeeping. This document was prepared for the general use of the construction industry. It is not intended to be a comprehensive summary, or to be relied on as legal or tax advice. Page 3 Current DOR and TPN positions "no change" means the "Current DOR and TPN positions" remain as stated Based on House Bill 2389 enacted in 2014 and Arizona Transaction Privilege Tax Notice TPN 14-1 Based on SB1446/HB2590 introduced on 2-2-2015 7b B: TAXPAYERS RETAINING TPT LICENSE, who will be doing both MRRA and Modification projects, will establish 12/31 inventories, and any inventory materials that are used in an MRRA job will be reported and tax paid as they are used. Sourcing of tax discussed below. B: no change 7c C: TAXPAYERS RETAINING TPT LICENSE, who will be doing both MRRA and Modification projects, should track materials purchased after 1/1/15 for MRRA projects separately from Modification projects; any purchases made exempt (via form 5000) that are utilized in MRRA work must be reported and tax paid no later than in the period you receive final payment (subject to penalty and interest). Sourcing of tax discussed below. C: TAXPAYERS RETAINING TPT LICENSE, who will be doing both MRRA and Modification projects, will be allowed to EITHER purchase material for MRRA projects and pay the tax to the supplier at the time of purchase, OR purchase materials exempt (via form 5000) and then report and pay the tax on materials that are utilized in an MRRA project. The reporting period and tax payment is based on the period when the material is incorporated into the project. Sourcing of tax discussed below. Item # 8a Issue Sourcing of taxes (what jurisdiction they are reported to?) A: Principal place of contractor's business Comments to Proposed 2015 Changes See also comment under item 9 A: If incorporated into a MRRA project, the sourcing is the project location; all other circumstances, the sourcing is the principal office location B: Sourced to project location 8b B: Principal place of contractor's business 8c C: Principal place of contractor's business C: Purchases where the tax is paid at purchase, is sourced at the seller location, as seller will report the tax. Purchases exempt, and later incorporated into a MRRA project will be sourced at the project location. What happens if, upon audit, an MRRA project is determined to be a prime contracting project? Not addressed Payment of tax on tangible personal property believed to be for MRRA project and later determined to be prime contracting will be allowed an offset for the tax paid against the prime contracting tax assessed. NOTE: This offset will ONLY be allowed if proof of payment of the tax is provided. The DOR will not consider an offset for taxes paid by any other person, whether in the contracting chain or a vendor. Use tax No change to pre-existing rules. Applicable only for purchases from vendors out of state w/o nexus in AZ. If purchased for an MRRA project, the materials are now taxable and must report use tax. If for a Modification project, materials will continue to be purchased exempt. All materials purchased tax-free for incorporation or fabrication into a project, if they are not otherwise exempt from tax, will now be subject to an amount equal to retail TPT at the job location. Effectively, all materials that are incorporated or fabricated into an MRRA project are subject to retail tax at the job location if tax was not paid to the vendor when the materials were purchased. This is true regardless of whether the vendor was located outside of Arizona or has nexus with Arizona. In other words, use tax won’t apply to materials that are used in a project." 9 10 This document was prepared for the general use of the construction industry. It is not intended to be a comprehensive summary, or to be relied on as legal or tax advice. Page 4 Item # Issue Current DOR and TPN positions "no change" means the "Current DOR and TPN positions" remain as stated Based on House Bill 2389 enacted in 2014 and Arizona Transaction Privilege Tax Notice TPN 14-1 Based on SB1446/HB2590 introduced on 2-2-2015 Comments to Proposed 2015 Changes 11 Change orders Each change order is a separate contract - and must be evaluated for Modification vs. MRRA tax application; and taxes applied according to this determination Each change order is to be evaluated as to its "relationship" to the original contract. If the change order is "directly related" to the original contract, it is taxed the same as the original contract. If the change order is NOT directly related to the original contract, it must be evaluated independently as a new contract, with the tax treatment based solely on that change order. The tax treatment of subsequent change orders will track the tax treatment of the related "original" contract/change order. 12 De Minimis test Established at 15%; any MRRA project that includes 15% or more of Modification activities becomes subject to Prime Contracting tax no change Not addressed Retroactivity: For bids submitted or contracts entered into, or any other binding obligation executed prior to the last day of the month that is 60 days after the bill is signed by the Governor (or enacted without signature), the contractor may treat such contracts as: a) prime contracting, with receipts taxed in accordance with A.R.S. Section 425075, or b) MRRA, with post 1/1/15 receipts and material purchases taxed in accordance with Section 42-5075(O). Within this timeframe, contractors are allowed to treat contracts/commitments (on a contract-by-contract basis) as either prime contracting or MRRA. However the contractor must make a good-faith effort in determining which taxing method is applied. Safe Harbor applies to additional tax, penalties and interest. Not addressed Contracts for surface or subsurface improvements subject to Titles 28 and 34 will NOT be subject to MRRA treatment. There are many Special Taxing Districts that are not excluded here; the State is not excluded, either, other than projects covered by Title 28; NOTE: Private owners will not be exempt 13 Safe Harbor 14 Excluding certain Heavy Highway contracts from MRRA treatment 15 Exempting certain projects and materials previously exempt under prime contracting Not addressed Any project previously exempt (such as a contract with a Native American Tribe) or materials previously exempt (such as hospital tangible personal property) or machinery & equipment previously exempt (such as manufacturing, mining, electric generation, etc.) will be exempt under MRRA projects 16 ROC requires TPT license Not addressed Eliminates TPT license requirement for ROC license 17 City and County Permits TPT license requirement Not addressed Eliminates TPT license requirement as a condition for issuing permits 18 Landscaping activities Not addressed Statutory language to remove "modifying" and "repairing sprinkler or watering systems" in the definition of Landscape activities This eliminates the possible confusion over language found in MRRA terminology; effectively places Landscaping activities in same position as other contracting activities. Note that Landscaping as defined in statute is not the same as "lawn maintenance services", which are not taxed as prime contracting. This document was prepared for the general use of the construction industry. It is not intended to be a comprehensive summary, or to be relied on as legal or tax advice. Page 5 TPT REFORM – PRIME CONTRACTING 2015 Pending Legislation (SB1446 and HB2590) – Key Provisions – 3 February 2015 1. Contractors Can Once Again Purchase All Project Materials on Tax-Exempt Basis (ARS 42-5061(A)(27)) • Contractors can once again issue a blanket Form 5000 for both: o Prime Contracting projects o Maintenance, Repair, Replacement and Alteration (MRRA) projects • Vendors can rely on a Contractor’s blanket Form 5000 • Avoids impractical “dual inventory” problem 2. Contractors Pay Tax When They Use Materials if Purchased Tax-Exempt (ARS 42-5008.01(A) and (B)) • Materials purchased tax-free for MRRA projects (see #1) are taxed as they are used, based on job location • This applies even when a contractor cancels its Prime Contracting license 3. GC May Issue Form 5005 to Subs for Materials Used in MRRA Project (ARS 42-5008.01(A) and (B)) • Allows Subs to use Form 5000 to avoid tax when purchasing materials for use in an MRRA project • GC assumes tax liability for materials used by Subs in an MRRA project • If audited and project is found to be Prime Contracting, GC gets offset for tax it paid on materials used by Subs 4. Change Orders (ARS 42-5075(O)(2)) • If the scope of work of a change order directly relates to the scope of work of the original contract, then the tax treatment of the change order follows the original contract • If the scope of work of a change order does not directly relate to the original, the tax treatment of the change order will depend solely on the scope of work of the change order 5. Definition of Alteration (ARS 42-5075(R)(1)) Creates thresholds for determining tax status of project: • Residential Property: Tax on materials, if the contract price for the work is 25% or less of the property’s Full Cash Value for property tax purposes (31.25%, with 25% cushion described below) • Commercial Property: Tax on materials, if all of the following are true: o Contract amount is $750,000 or less ($937,500, with 25% cushion) o Scope of work directly relates to 40% or less of existing square footage (50%, with 25% cushion) o Scope of work includes an expansion of existing square footage that is 10% or less of pre-existing square footage (12.5%, with 25% cushion) • 25% Cushion for All Property: If project qualifies for Alteration treatment when work begins, it will continue to qualify even if the threshold is blown by no more than 25% (cost overruns, change orders, etc.) 6. Clarifies Definition of Prime Contracting Taxable “Modification” (ARS 42-5075(R)(6)) • Deletes terms that cause confusion (“improvement” and “movement”) • Specifically excludes MRRA activities (MRRA trumps Prime Contracting) • Specifically excludes mobilization and demobilization (e.g., erection of temporary facilities, fencing) 7. Provides Consistent Treatment for MRRA Projects with Tax-Exempt Parties or for Tax-Exempt Property • Qualifying hospitals, qualifying health care organizations, etc. (ARS 42-5061(A)(25)) • On-reservation projects for Tribal government or Enrolled Member (ARS 42-5061(A)(60)) • Electric generation, mining, manufacturing, etc. machinery and equipment (ARS 42-5008.01(A)(2), (B)(5)) 8. Excludes Roadway and other Surface/Subsurface Projects from MRRA Treatment (ARS 42-5075(P)) • Maintain Prime Contracting tax treatment for most public works projects without vertical construction • Does not apply to state projects other than ADOT • Does not apply to most Special Taxing Districts 9. Safe Harbor to Protect Industry During Transition Period (Session Law) • Protection provided for good-faith bids/contracts entered into before May 1, 2015, assuming the Governor signs the bill in February 2015 • Prime contracting treatment permitted for all projects started during this period, regardless of when completed 20489313.8 Craig R. McPike Snell & Wilmer L.L.P. FOR DISCUSSION PURPOSES ONLY CONSULT YOUR TAX ADVISOR EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Agenda Item #5 Legislative Policy Discussion and Updates Summary: The 2015 legislative session is well underway with League staff actively engaged on dozens of bills that affect the finances and operations of cities and towns in Arizona. In light of the resignation of Legislative Director Rene Guillen to take a position in the office of Governor Doug Ducey, we have adjusted responsibilities for legislative coverage. Executive Director Strobeck and Deputy Director Belshe, as well as other members of the staff, are working with the legislative team of Dale Wiebusch and Ryan Peters, who have picked up additional portfolio areas. We have also added a full-time, limited duration Legislative Associate position that is being filled by Gregory Karidas. The principal issues to discuss under this agenda item are HB2254, the proposed elimination of the residential rental tax resulting in a loss of $87 million per year to cities and towns, and the impact of the Governor’s proposed budget on cities and towns. Responsible Person: Ken Strobeck & League Staff Attachments: Summary of Governor Ducey’s Proposed Budget Capitol Media Services news story on budget proposal Articles regarding repeal of city home rental taxes 2015 Municipal Policy Statement (located inside front cover of binder) The Voice and Legislative Bulletins to date Good Bill/Bad Bill List Governor Ducey budget proposal relating directly to cities and towns: Department of Revenue • • TPT: 1. A charge of $0.76 per resident for the non-program cities for temporary staff to implement TPT simplification. This equals $2.9 million. As of January 1, 2016, all cities are scheduled to become program cities. 2. An allocation of $8.2 million from cities' TPT shared revenue statewide for DOR operations. This is a permanent charge for administering cities’ and towns’ portion of DOR operations for TPT collections. 3. A charge of $2 million to create the DOR Collections Fund for additional collections staff. This money will come out of the base TPT revenues, before distribution to the state, counties and cities. The estimated impact to cities and towns is approximately $500,000. This is also permanent. The Governor’s budget assumes cities and towns will receive an additional $6.5 million in TPT revenue due to enhanced collections activities. HURF • • The Governor's proposal recommends using Motor Vehicle Registration Fees (which currently sends $35 million into HURF) to fund a portion of DPS as a permanent mechanism. The proposed budget allows the ADOT director to increase that fee to cover 50% of DPS operations. The HURF diversion for FY2016 and FY2017 will be $54 million. In FY2015 it was $89 million. WIFA • The state will not appropriate $1 million to WIFA for the Water Supply Development Fund.There are other monies from other sources that still go to WIFA. State Aviation Fund • The Governor’s proposal transfers $15 million out of the State Aviation Fund to the general fund. The current balance is $37.5 million. Ducey’s budget heavy on cuts By Howard Fischer Capitol Media Services | Posted: Saturday, January 17, 2015 10:26 am PHOENIX — Gov. Doug Ducey proposes to balance the state budget by cutting aid to universities by more than 10 percent, taking away some revenue sharing dollars for cities and counties and imposing what amounts to a new tax on motorists. Ducey’s nearly $9.1 billion spending plan also cuts funding to promote tourism and raids other state funds to the tune of $304 million. The governor said, though, his budget increases classroom funding by $134 million. But there is really less there than meets the eye. Most of that is in what voters already have told lawmakers to increase aid to schools to account for inflation. But even here, the governor proposes giving schools only what the Legislature contends the state owes schools rather than the $330 million a court already has ruled is owed. And even that does not tell the whole story. Ducey proposes to force schools to spend 5 percent less on things outside the classroom, ranging from administration to transportation and utilities. That and other changes total $123.7 million. The bottom line is that the actual year-over-year increase in state funding for public schools is a mere $11 million out of close to $3.8 billion. Gubernatorial press aide Daniel Scarpinato acknowledged that the more than 200 locally elected school boards already have the ability to move as much as they can from other expenses into the classroom. “But they haven’t done that,” he said, saying the mandate will force the issue. Tim Ogle, executive director of the Arizona School Boards Association, said that edict ignores the reality of what is being paid for out of the non-classroom side of the budget. “You have bond obligations and utilities and maintenance on your buses and transportation and food service,” he said. “There’s just nothing to cut.” Ogle said if Ducey is really interested in adding more funds to classrooms he will force a settlement of the pending lawsuit over inflation, at a figure far closer to the $330 million the judge says the state owes, and do it with new funds instead of forcing schools to take money from one pocket and put it in another. While Ducey is cutting in various places, he does plan to spend more money on some of his priorities. One of those is paying private companies to build and operate more prison beds. John Arnold, the governor’s budget director, said the cost of that starts at just $5.3 million for the coming fiscal year but eventually will add $60 million to the state budget. There is nothing in Ducey’s budget, public comments or policy statements addressing the possibility suggested by some people that the state look at its laws on mandatory sentencing as an alternative to building more prisons. The new charge for motorists is an effort by Ducey to divert general fund tax dollars now going to fund the Department of Public Safety and instead use them elsewhere. Today, the state charges an annual $8 registration fee on top of a separate levy based on the value of the vehicle. Arnold said the new charge would raise levy by $6 or $7 a year, raising an extra $30 million for DPS. “This is not a tax increase,” said Scarpinato. Yet it is the very kind of authority to an agency to increase a levy that lawmakers gave two years ago to Gov. Jan Brewer to fund expansion of Medicaid — an increase that Republican legislative leaders have sued to prove is a tax that was illegally enacted. The cuts to universities total about $75 million. Arizona State University would take a $40.3 million hit, with a $21.6 million reduction to the University of Arizona. Northern Arizona University would see its state aid reduced by $13.1 million. Ducey made no bones about the fact he intends to shift the costs to students. “We believe the universities are investments for our state,” he said. But Ducey said the schools are “also an investment for individual students.” And Ducey said he sees funding K-12 as a higher priority. “We’re asking everyone to share in this sacrifice while we’re protecting these classrooms,” he said, even though that is really being paid for by public schools being told to shift money out of other areas of their budgets. The budget plan also further cuts state aid for the Pima, Pinal and Maricopa community college systems. Smaller colleges would remain untouched. Ducey’s budget is also balanced with funds from local governments. The state now provides “revenue sharing” with cities, towns and counties. That was part of a deal to keep cities from levying their own income taxes. Arnold said since the state is collecting those dollars for the localities, they should help pay to run the Department of Revenue. So the governor’s budget reduces their aid payments by a total of $14.1 million. YOUR MUNICIPAL VOICE AT THE CAPITOL FOR MORE INFORMATION: CALL 602-258-5786 VISIT: WWW.AZLEAGUE.ORG • TWITTER: @AZCITIES This document is to help you, as a municipal official, to better understand the process and the personnel at the Arizona State Capitol. As always, the League’s legislative staff is here to support you. You can contact us anytime at 602-258-5786 or [email protected]. Legislature 101: An Introduction to Lawmaking and the Capitol in 2015 How a Bill Becomes Law Each session state legislators introduce approximately 1,200 bills, nearly a quarter of which have some relevance to cities and towns. On Monday, January 12, the Legislature convened. Bills start in either the House or the Senate, depending upon who sponsors the bill. Senate bills start with “1001,” House bills start with “2001” and are then numbered sequentially. Although there are some differences in how each chamber operates, the basic process is the same. There are six sequential steps that take place in each. 1) Bill Assignment - A bill is “first and second read” on the floor; and then assigned to a committee based on subject matter. 2) Committee - Committees are comprised of members from each party, with the majority party having the most seats. This is the only step in the entire legislative process that is truly “open to the public” for comment. Members of the committee may offer amendments to change the language of a bill. If a bill fails here, the bill is “dead,” although there are many methods available to resurrect it. If it passes, it moves on to Rules Committee. 3) Rules Committee - Every moving bill must go through Rules Committee for legal review, discussing whether the bill is constitutional, germane with existing statute and in the proper format. The committee does not give a bill a pass or fail recommendation. 4) Caucus - The members of each party meet to review bills and the “party position” is vetted. No formal action takes place. 5) Committee of the Whole (COW) - The entire chamber comes together for a floor debate. At this point committee amendments as well as floor amendments are formally offered and adopted. Discussions can be a few minutes or several hours. In COW, a voice vote is used. 6) Third Read - All changes adopted in COW are officially engrossed into the bill and prepared for a final vote. This vote is electronically tallied. Like the committee process, if a bill fails on third read it is considered “dead” with the possibility of procedural resurrection. If it passes, the bill then goes to the other chamber and the same steps are repeated. HOW A BILL BECOMES A LAW IN ARIZONA Each session state legislators introduce approximately 1,200 bills, nearly a quarter of which have some relevance to cities and towns... HOUSE OF REPRESENTATIVES • • • • • • SENATE of Bill (First Read, Second Read, Assignment) (Public Hearing) (Legal Review) Rules Caucus of the Whole (Floor Debate) Third Read (Final Vote) • • • • • • of Bill (First Read, Second Read, Assignment) (Public Hearing) (Legal Review) Rules Caucus of the Whole (Floor Debate) Third Read (Final Vote) CONFERENCE COMMITTEE • Original Version • Amended Version • New Version approved by final vote in both chambers) OUTCOME Unamended Amended & Accepted Amended & Rejected GOVERNOR’S OFFICE Sign Bill If an identical bill passes both chambers without any amendments, it goes straight to the governor’s office. If a bill is approved in one chamber, amended in the other chamber (but that amendment is approved by the sponsoring chamber) it also advances to the governor’s office. If a bill comes out of its second chamber different than it went in (through the amendment process) it will go to a conference committee. This committee is made up of members from both chambers who will work towards a version of the bill amenable to both chambers. If a chamber rejects the committee’s recommendation, the bill is considered “dead.” If a bill is amended by a conference committee it is then final read by both chambers. If it passes final read, it is transmitted to the governor’s office. Veto Bill Enact Without Signature Once a bill is in the governor’s office, he or she can sign it into law, veto the bill or allow the legislation to become enacted without his or her signature. Bill language, hearing schedules, live feeds and status information are available at the Arizona State Legislature’s website; www.azleg.gov. During the session League staff spends countless hours at the legislature tracking bills. We encourage our members to stay abreast of legislative issues impacting cities and towns through our weekly Legislative Bulletin and by contacting the League at 602-258-5786. You may also visit the Legislative Issues section of the League’s website where you will find a number of resources to help city and town officials navigate the legislative process. A Look at the Executive and Legislative Branches for 2015 2015 has brought a number of changes to the Capitol. We have a new governor leading Arizona along with three sets of new caucus leaders in the Legislature. Below is a brief overview of the new executive and legislative leadership. Governor of Arizona – Doug Ducey Speaker of the House – Representative David Gowan The governor is the chief executive officer of the state and is in charge of the executive branch of government. The speaker is in charge of the House and represents the House with the governor and the Senate president. Senate President – Senator Andy Biggs The president is in charge of the Senate, and represents the Senate with the governor and the speaker of the House. House of Representatives Majority Leader – Representative Steve Montenegro Assistant Minority Leader – Representative Bruce Wheeler The majority leader is in charge of that party’s caucus, after the speaker. The assistant minority leader is in charge of that party’s caucus, after the minority leader. Majority Whip – Representative David Livingston Minority Whip – Representative Rebecca Rios The majority whip’s job is to gather the necessary votes on a bill for that party. The minority whip’s job is to gather the necessary votes on a bill for that party. Minority Leader – Representative Eric Meyer, M.D. The minority leader is in charge of his or her caucus, and is the main liaison with the majority leadership. Senate Majority Leader – Senator Steve Yarbrough Minority Co-Whip – Senator Lupe Contreras The majority leader is in charge of that party’s caucus, after the president. The minority whip’s (and co-whip’s) job is to gather the necessary votes on a bill for that party. Majority Whip – Senator Gail Griffin Minority Co-Whip – Senator Martin Quezada The majority whip’s job is to gather the necessary votes on a bill for that party. The minority whip’s (and co-whip’s) job is to gather the necessary votes on a bill for that party. Minority Leader – Senator Katie Hobbs Rural Liaison – Senator Barbara Maguire The minority leader is in charge of his or her caucus, and is the main liaison with the majority leadership. The rural liaison addresses issues related to non-metropolitan areas. Assistant Minority Leader – Senator Steve Farley The assistant minority leader is in charge of that party’s caucus, after the minority leader. Minority Leader Pro Tempore – Senator David Bradley The minority leader pro tempore acts for the minority leader in that person’s absence. 2015 Legislative Contact List The list on the following pages includes: • the name of each senator and representative and the district and the cities and towns they represent • the Capitol address and toll-free number • legislators’ office phone numbers • legislators’ e-mail addresses A useful tool for accessing legislative information is the Legislature’s web site; www.azleg.gov. In addition, the League provides legislative information and services specifically for city and town officials on the Legislative Issues section of the League’s Website. SENATOR REPRESENTATIVES CITIES/TOWNS DISTRICT 1 Steve Pierce(R) Noel Campbell(R) Karen Fann(R) (602) 926-5584 (602) 926-3124 (602) 926-5874 [email protected] [email protected] [email protected] Carefree, Cave Creek, Chino Valley, Dewey-Humboldt, Peoria, Phoenix, Prescott, Prescott Valley, Wickenburg DISTRICT 2 Andrea Dalessandro(D) John Ackerley(R) Rosanna Gabaldon(D) (602) 926-5342 (602) 926-3424 [email protected] (602) 926-3077 [email protected] [email protected] Nogales, Patagonia, Sahuarita, South Tucson, Tucson DISTRICT 3 Olivia Cajero Bedford(D) Sally Ann Gonzales(D) Macario Saldate(D) (602) 926-5835 [email protected] (602) 926-3278 [email protected] Tucson (602) 926-4171 [email protected] DISTRICT 4 Lynne Pancrazi(D) (602) 926-3004 [email protected] Charlene Fernandez(D) Lisa Otondo(D) (602) 926-3098 (602) 926-3002 [email protected] [email protected] Kelly Ward(R) Sonny Borrelli(R) Regina Cobb(R) (602) 926-4138 (602) 926-5051 (602) 926-3126 Sylvia Allen(R) Brenda Barton(R) Robert Thorpe(R) (602) 926-5409 (602) 926-4129 (602) 926-5219 Buckeye, Gila Bend, Goodyear, San Luis, Somerton, Tucson, Yuma DISTRICT 5 [email protected] [email protected] [email protected] Bullhead City, Colorado City, Kingman, Lake Havasu City, Parker, Quartzsite DISTRICT 6 [email protected] [email protected] [email protected] Camp Verde, Clarkdale, Cottonwood, Flagstaff, Holbrook, Jerome, Payson, Sedona, Snowflake, Star Valley, Taylor, Tusayan, Williams SENATOR REPRESENTATIVES CITIES/TOWNS DISTRICT 7 Carlyle Begay(D) Jennifer Benally(D) Albert Hale(D) (602) 926-5862 (602) 926-3079 (602) 926-4323 Barbara McGuire(D) Frank Pratt(R) T.J. Shope(R) (602) 926-5836 (602) 926-5761 (602) 926-3012 [email protected] Casa Grande, Coolidge, Eloy, Florence, Globe, Hayden, Kearny, Mammoth, Miami, Superior, Winkelman Steve Farley(D) Randall Friese(R) Victoria Steele(D) Marana, Oro Valley, Tucson (602) 926-3022 (602) 926-3138 (602) 926-5683 David Bradley(D) Stefanie Mach(D) Bruce Wheeler(D) (602) 926-5262 (602) 926-3398 (602) 926-3300 Steve Smith(R) Mark Finchem(R) (602) 926-5685 (602) 926-3122 Vince Leach(R) [email protected] [email protected] [email protected] Eagar, Fredonia, Page, Pinetop-Lakeside, Show Low, Springerville, St. Johns, Winslow DISTRICT 8 [email protected] [email protected] DISTRICT 9 [email protected] [email protected] [email protected] DISTRICT 10 [email protected] [email protected] Tucson [email protected] DISTRICT 11 [email protected] (602) 926-3106 [email protected] [email protected] Andy Biggs(R) Eddie Farnsworth(R) Warren Petersen(R) (602) 926-4371 (602) 926-5735 (602) 926-4136 Casa Grande, Eloy, Marana, Maricopa, Oro Valley, Tucson DISTRICT 12 [email protected] [email protected] [email protected] Chandler, Gilbert, Queen Creek SENATOR REPRESENTATIVES CITIES/TOWNS DISTRICT 13 Don Shooter(R) Darin Mitchell(R) Steve Montenegro(R) (602) 926-4139 (602) 926-5894 (602) 926-5955 Gail Griffin(R) David Gowan(R) David Stevens(R) (602) 926-5895 (602) 926-3312 (602) 926-4321 [email protected] Benson, Bisbee, Clifton, Douglas, Duncan, Huachuca City, Pima Safford, Sierra Vista, Thatcher, Tombstone, Tucson, Willcox Nancy Barto(R) John Allen(R) Heather Carter(R) Cave Creek, Phoenix (602) 926-5766 (602) 926-4916 (602) 926-5503 David Farnsworth(R) Doug Coleman(R) Kelly Townsend(R) (602) 926-3020 (602) 926-3160 (602) 926-4467 Steve Yarbrough(R) J.D. Mesnard(R) Jeff Weninger(R) (602) 926-5863 (602) 926-4481 (602) 926-3092 Jeff Dial(R) Jill Norgaard(R) Bob Robson(R) (602) 926-5550 (602) 926-3140 (602) 926-5549 [email protected] [email protected] [email protected] Buckeye, El Mirage, Glendale, Goodyear, Litchfield Park, Surprise, Wellton, Wickenburg, Yuma DISTRICT 14 [email protected] [email protected] DISTRICT 15 [email protected] [email protected] [email protected] DISTRICT 16 [email protected] [email protected] Apache Junction, Mesa, Queen Creek [email protected] DISTRICT 17 [email protected] [email protected] Chandler, Gilbert [email protected] DISTRICT 18 [email protected] [email protected] [email protected] Chandler, Guadalupe, Mesa, Phoenix, Tempe SENATOR REPRESENTATIVES CITIES/TOWNS DISTRICT 19 Lupe Chavira Contreras(D) Mark Cardenas(D) Diego Espinoza(D) (602) 926-5284 (602) 926-3014 (602) 926-3134 Kimberly Yee(R) Paul Boyer(R) Anthony Kern(R) (602) 926-3024 (602) 926-4173 (602) 926-3102 Debbie Lesko(R) Rick Gray(R) Tony Rivero(R) (602) 926-5413 (602) 926-5993 (602) 926-3104 Judy Burges(R) David Livingston(R) Phil Lovas(R) (602) 926-5861 (602) 926-4178 (602) 926-3297 John Kavanagh(R) Jay Lawrence(R) Michelle Ugenti(R) (602) 926-5170 (602) 926-3095 (602) 926-4480 Katie Hobbs(D) Lela Alston(D) Ken Clark(D) (602) 926-5325 (602) 926-5829 (602) 926-3108 [email protected] [email protected] Avondale, Phoenix, Tolleson [email protected] DISTRICT 20 [email protected] [email protected] Glendale, Phoenix [email protected] DISTRICT 21 [email protected] [email protected] El Mirage, Peoria, Surprise, Youngtown [email protected] DISTRICT 22 [email protected] [email protected] Glendale, Peoria, Surprise [email protected] DISTRICT 23 [email protected] [email protected] Fountain Hills, Paradise Valley, Scottsdale [email protected] DISTRICT 24 [email protected] [email protected] [email protected] Phoenix, Scottsdale, Tempe SENATOR REPRESENTATIVES CITIES/TOWNS DISTRICT 25 Bob Worsley(R) Russell Bowers(R) Justin Olson(R) (602) 926-5760 (602) 926-3128 (602) 926-5288 Ed Ableser(D) Juan Mendez(D) Andrew Sherwood(D) (602) 926-4118 (602) 926-4124 (602) 926-3028 [email protected] [email protected] Mesa [email protected] DISTRICT 26 [email protected] [email protected] Mesa, Phoenix, Tempe [email protected] DISTRICT 27 Catherine Miranda(D) Reginald Bolding(D) (602) 926-4893 [email protected] (602) 926-3132 [email protected] Rebecca Rios(D) Guadalupe, Phoenix, Tempe (602) 926-3073 [email protected] DISTRICT 28 Adam Driggs(R) Kate Brophy McGee(R) Eric Meyer(D) (602) 926-3016 (602) 926-4486 (602) 926-3037 Martin Quezada(D) Richard Andrade(D) (602) 926-5911 (602) 926-3130 Ceci Velasquez(D) [email protected] [email protected] Paradise Valley, Phoenix, Scottsdale [email protected] DISTRICT 29 [email protected] El Mirage, Glendale, Phoenix (602) 926-3144 [email protected] [email protected] Robert Meza(D) Jonathan Larkin(D) Debbie McCune Davis(D) (602) 926-3425 (602) 926-5058 (602) 926-4485 DISTRICT 30 [email protected] [email protected] [email protected] Glendale, Phoenix DISTRICT 29 If you wish to reach a legislator by mail at the Capitol, simply address the correspondence to: Martin Quezada(D) Richard Andrade(D) Ceci Velasquez(D) El Mirage, Glendale, Phoenix (602) 926-5911 (602) 926-3130 The Honorable Senator's Name [email protected] [email protected] State Senator 1700 West Washington Street - Senate Phoenix, DISTRICT 30 Arizona 85007 (602) 926-3144 The Honorable Representative's Name [email protected] State Representative 1700 West Washington Street - House Phoenix, Arizona 85007 Robert Meza(D) Jonathan Larkin(D) Debbie McCune Davis(D) [email protected] [email protected] (602) 926-3425 [email protected] Glendale, Phoenix (602) 926-5058 Toll-free number: 1-800-352-8404 (602) 926-4485 f you wish to reach a legislator by mail at the Capitol, simply address the correspondence to: The Honorable Senator's Name State Senator 1700 West Washington Street - Senate Phoenix, Arizona 85007 The Honorable Representative's Name State Representative 1700 West Washington Street - House Phoenix, Arizona 85007 Toll-free number: 1-800-352-8404 FOR MORE INFORMATION: CALL 602-258-5786 VISIT: WWW.AZLEAGUE.ORG • TWITTER: @AZCITIES Issue 1 - January 16, 2015 Legislative Overview On M onday, January 12, the first regular session of Arizona's 52nd Legislature convened. M any mayors, council members and municipal staff attended the Opening Day ceremonies. In addition to the excitement and activity associated with welcoming legislators, Governor Doug Ducey delivered the annual State of the State Address, where he touted state fiscal responsibility and educational reform. You can find his speech here. The legislature held only a few committee hearings this week, most notably on the Governor's push to include a civics test as a high school graduation requirement. That bill, HB 2064, passed both chambers on Thursday and was signed by the Governor that night. Today the Governor reveals his budget. The League will provide information and analysis in the coming weeks as more details are made available. Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by rule and are subject to change. This year, the schedule is as follows: January 2015 M onday, the 12th - First day of session Thursday, the 15th - House 7-bill Introduction Limit Begins (5 p.m.) February 2015 M onday, the 2nd - Senate Bill Introduction Deadline (5 p.m.) M onday, the 9th - House Bill Introduction Deadline (5 p.m.) Friday, the 20th - Last Day to hear bills in the chamber of origin March 2015 Friday, the 20th - Last Day to hear bills in the opposing chamber April 2015 Tuesday, the 21st - 100th Day of Session Monday Legislative Call The League will continue to host a weekly conference call to report on the status and impact of various legislative bills in the 2015 session. The calls are scheduled for M onday mornings promptly at 10:00 a.m. M ayors, managers and other city or town staff who are interested in legislative activities are invited to participate. Call-in numbers and a brief agenda will be sent out prior to the calls. If you would like to receive the M onday agendas, please contact [email protected] and request to be added to the distribution list for the M onday teleconference. Note that due to the M onday holiday and the limited number of bills to discuss this early in the session, there will not be a call on January 19th. Legislative Bulletin The League will electronically distribute the Legislative Bulletin every Friday during the legislative session. The Bulletin serves as a way for the League to communicate to elected officials, staff and other interested parties about activities at the Le gislature that are relevant to cities and towns. If you know of any municipal official or staff member that would like to subscribe to the Bulletin please have them send their name and email to [email protected] and request to be added to the Legislative Bulletin distribution list. This year will see the continuation of the preferred streamlined format introduced two years ago. The Bulletin will highlight only the top half-dozen or so topics and bills from each week. Other legislation that the League is actively tracking will still be monitored and updated; however, that information will be available on our Legislative Bill M onitoring page on the League website. The Bulletin will contain links to legislation that has been updated in our Legislative Bill M onitoring Section. We hope this will make it more convenient for you to keep up to date on the latest legislative activities, while still providing a resource for more detailed information. APS Legislative Intern The League is pleased to welcome Erin Gantman as its new legislative intern for the 2015 session. Erin's background is in customer service as well as assisting the California League of Cities in Southern California in the summer of 2014. Currently, Erin is in her last semester at Arizona State University and will be receiving her bachelor's degree in both Political Science and Communications. Erin plans to go to law school in the fall of 2015. Erin will be assisting the League's legislative staff for the duration of the spring 2015 semester. Her stipend is being paid by a grant from APS. Your Voice The 2015 edition of Your Voice at the Capitol, our listing of senators and representatives, is available here. Please use this document to find contact information for your delegation. Early communication with your legislative delegation is strongly recommended in order to establish a relationship with the legislators representing your city or town. M aintaining good communications provides your legislators with invaluable insight as to how proposed legislation may affect their communities. Additionally, you can contact our legislative division at (602) 258-5786 or email using the information below: Ryan Peters, Legislative Associate: [email protected] Dale Wiebusch, Legislative Associate: [email protected] Legislative Bulletin is published by the League of Ar izona Cities and Towns. For war d your comments or suggestions to [email protected] g. Issue 2 - January 23, 2015 Legislative Overview This week saw minimal bill action related to municipal concerns. We expect that to change next week as agendas get more fully developed. Last Friday Governor Ducey released his budget proposal which is analyzed further in the article below. To date there have been 665 bills introduced, with 39 memorials and resolutions. One bill has been signed, HB2064, the graduation requirement, civics test bill. Governor's Budget Proposal The Governor's budget proposal came out last Friday afternoon. Here is our analysis of the sections that most directly affect cities and towns. Department of Revenue TPT A charge of $0.76 per resident for the non-program cities for temporary staff to implement TPT simplification. This equals $2.9 million. As of January 1, 2016, all cities are scheduled to become program cities. An allocation of $8.2 million from cities' TPT shared revenue statewide for DOR operations. This is a permanent charge for administering cities' and towns' portion of DOR operations for TPT collections. A charge of $2 million to create the DOR Collections Fund for additional collections staff. This money will come out of the base TPT revenues, before distribution to the state, counties and cities. The estimated impact to cities and towns is approximately $500,000. This is also permanent. The Governor's budget assumes cities and towns will receive an additional $6.5 million in TPT revenue due to enhanced collections activities. HURF The Governor's proposal recommends using M otor Vehicle Registration Fees (which currently sends $35 million into HURF) to fund a portion of DPS as a permanent mechanism. The proposed budget allows the ADOT director to increase that fee to cover 50% of DPS operations. The HURF diversion for FY2016 and FY2017 will be $54 million. In FY2015 it was $89 million. WIFA The state will not appropriate $1 million to WIFA for the Water Supply Development Fund. There are other monies from other sources that still go to WIFA. State Aviation Fund The Governor's proposal transfers $15 million out of the State Aviation Fund to the general fund. The current balance is $37.5 million. This link will take you to all of the Governor's budget documents. Legislative Bulletin is published by the League of Ar izona Cities and Towns. For war d your comments or suggestions to [email protected] g. Issue 3 - January 30, 2015 Legislative Overview Activity in committee and the floor picked up this week as legislators finished their third week of session. To date, 943 bills and 64 resolutions and memorials have been introduced. There is still only one bill signed, HB 2064, graduation requirement; civics test. Residential Rental The House Ways and M eans Committee will be considering HB 2254 (municipal tax exemption; residential lease) M onday afternoon. Sponsored by Representative Darin M itchel (R-Litchfield Park), this bill prohibits municipalities from imposing a residential rental tax and requires those that already have this tax to reduce the rate by 25% each year until the rate is zero. This will be a tremendous revenue loss to many of our cities and towns, with a local budget impact of more than $87 million. We encourage you to register your strong opposition to the bill, both in committee and with your legislative delegation. License Accountability The House Judiciary Committee approved HB 2212 (licensing; accountability; enforcement; exceeding regulation) with a 5-1 vote. Current law prohibits municipalities from basing licensing decisions in whole or in part on licensing requirements not specifically authorized by statute, rule, ordinance, or code. This bill, sponsored by Representative Warren Petersen (R-Gilbert), expressly states that violating this statute can be enforced by private civil action and requires that the language of this section of statute to be printed on license applications. The sponsor agreed to amend the bill to address the League's concerns about opening the door to frivolous lawsuits. Alarm Installers HB 2504 (board of technical registration; alarms), removes alarm installers from the Board of Technical Registration and also eliminates the requirement for alarm installers to have criminal background checks. The League opposed the bill and believes that alarm installers should be fingerprinted and checked for serious crimes before being allowed access to citizens' homes. The bill passed the House Commerce Committee by a vote of 6-2. The sponsor Rep. Warren Peterson (R - Gilbert) did say he would be willing to amend the bill to return some level of criminal background checks for the installers. The bill now proceeds to the Rules Committee. Inclusionary Zoning On Wednesday, the Senate Government Committee passed SB 1072 (local planning; residential housing; prohibitions) by a vote of 4-2. S ponsored by Sen. Steve Smith (R - M aricopa), the bill prevents cities and town from requiring developers to set aside a portion of their new apartments as low income housing. The League opposed the bill as there are no current municipalities that do this and there are current state laws that prohibit rent control and regulatory takings. SB 1072 now goes to the Rules Committee. Waste Management SB 1079 (solid waste collection; multifamily housing) passed the Senate Government Committee on Wednesday by a vote of 5-1. The bill, sponsored by Senator Gail Griffin (R - Hereford), seeks to treat multi-family housing the same as commercial properties, therefore allowing private waste haulers the ability to provide service without having to serve single family homes in the same area. The League opposed the measure based on the need to ensure proper service provision and not require the municipalities to be the provider of last resort. The proponents of the bill did state that they would be willing to work on some of the League's concerns. The bill now moves on to the Rules Committee. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB 2212: licensing; accountability; enforcement; exceeding regulation HB 2504: board of technical registration; alarms SB 1072: local planning; residential housing; prohibitions SB 1079: solid waste collection; multifamily housing Legislative Bulletin is published by the League of Ar izona Cities and Towns. For war d your comments or suggestions to [email protected] g. By: Howard Fischer, Capitol Media Services February 3, 2015 , 7:33 am State lawmakers took the first steps Monday to strip cities of their ability to tax rents on homes and apartments. The 5-4 vote by the House Committee on Ways and Means came after proponents said the levy is unfair to the one third of Arizonans who rent. Rep. Darin Mitchell, R-Litchfield Park, sponsor of the measure, said this hits the poor who are renting because they can’t afford to buy a home. But Rep. Andrew Sherwood, D-Tempe, pointed out that the tax is legally the responsibility of the landlord. More to the point, there is nothing in HB 2254 that requires the landlords to pass on any savings to their tenants. Monday’s vote came over the objections of several mayors who said the loss of revenues would cause financial problems. Overall, the League of Arizona Cities and Towns figures the legislation when fully implemented would reduce tax revenues by more than $87 million. The legislation bars communities from imposing a new rental tax. Those that now have them would be required to cut the rate by 25 percent at the end of this year and each consecutive year until the levy goes away. Cities and towns could keep any taxes – and even impose new ones – on short-term rentals, defined as less than 30 consecutive days. That also preserves any levies on hotels and motels. Mitchell said the tax “rubs me the wrong way.” He said renters, on average, have just half the income of homeowners. Mitchell said his legislation would provide “real tax relief for Arizona citizens who need it the most.” Courtney LeVinus, lobbyist for the Arizona Multihousing Association, said the levy amounts to double taxation. She said when landlords pay their property taxes for municipal services those already are passed on to the tenants. Christian Price, mayor of Maricopa, said the legislation takes needed revenue from his community. Price said his city is largely a bedroom community for the Phoenix area and lacks the ability to raise the money elsewhere. And he said that his police chief told him that renters do impose costs on the community. LeVinus jumped on the assertion. “It’s actually a little offensive to say that because you rent your home, either by choice or out of necessity, that that means you have a higher propensity to commit crime,” she told lawmakers. LeVinus said any data supporting that is based on the fact that some apartment complexes have a single street address, making the number of calls to that rental address not exactly representative. The committee vote did not occur along party lines. Rep. Michelle Ugenti, R-Scottsdale, said she could not back a ban on the taxes. But Rep. Bruce Wheeler, D-Tucson, supported the measure, calling the tax “regressive.” Wheeler noted, though, that his home city does not impose the levy. Tw eet 2 Like 18 0 Share Copyright © 2014 Arizona Capitol Times 1835 W. Adams Street, Phoenix, AZ 85007 (602) 258-7026 Arizona House panel OKs repeal of city home rental taxes BOB CHRISTIE, Associated Press | Posted: Tuesday, February 3, 2015 2:34 am PHOENIX — An Arizona House committee on Monday voted to force cities and towns to stop charging tax on rental properties, a move that cities argue could trigger major cuts but proponents say eliminates a double tax on renters. House Bill 2254 by Litchfield Park Republican Rep. Darin Mitchell would force 71 cities and towns that now levy rental tax to eliminate residential rental taxes over five years. Phoenix is the largest recipient of the tax money, getting $30 million last year. Twenty cities and towns don't levy the fee, including Flagstaff and Tucson. Mitchell and supporters like the Arizona Multihousing Association call the tax an unfair double tax on renters, who already pay their landlord's share of property taxes through their rents. "There's a genuine disagreement between some of the cities and probably what we are trying to do here," Mitchell said at a Ways and Means Committee hearing. "But the way I see it, it is a regressive double tax. It hits people at the lower level of the economic strata harder than it does others." The League of Arizona Cities and Towns opposes the tax, which raised $87 million last year for services like police and fire departments. Eliminating the tax would hurt city services and be a giveaway to big apartment house owners who aren't required to pass on their savings, league Executive Director Ken Strobeck said. "This is not going to make the economy of our state any better. It's simply going to take $87 million out of our public services and require it to be replaced with new taxes elsewhere," Strobeck said in an interview. "This is just another special-interest group carving out an exemption for itself and narrowing the tax base." The House committee approved the bill on a 5-4 vote, with one Democrat supporting the measure and one Republican opposing it. The committee has nine members, six of whom are Republicans. Courtney Levinus, a lobbyist for the apartment association, said members should discount arguments that multifamily units put more stress on public services. "Shelter is a basic need," Levinus said. "It shouldn't be taxed more because your only option is to rent your home rather than own your home." LOLA Print Report New Title 52nd Legislature - 1st Regular Session, 2015 Tuesday, Feb 3 2015 10:49 AM Bill summaries and histories copyright 2015 Arizona Capitol Reports, L.L.C. Bad Bills Posted Calendars and Committee Hearings H2013: COURTS; DAYS; TRANSACTION OF BUSINESS Calendar: 2/3 House Caucus Calendar: 2/5 House Consent H2061: ONLINE TPT; INCOME TAX REDUCTION Calendar: 2/3 House Caucus Calendar: 2/5 House Consent H2129: MUNICIPAL TAX CODE COMMISSION; CONTINUATION Calendar: 2/3 House Caucus H2140: AMBULANCE SERVICES; TEMPORARY AUTHORITY Hearing: House Health (Tuesday 02/03/15 at 2:00 PM, House Rm. 4) H2320: FIREARMS; PERMIT HOLDERS; PUBLIC PLACES Hearing: House Military Affairs & Public Safety (Thursday 02/05/15 at 9:30 AM, House Rm. 5) H2358: TPT; EXEMPTION; CROP DUSTERS Hearing: House Rural & Economic Development (Tuesday 02/03/15 at 2:00 PM, House Rm. 5) S1069: ORDINANCES; BUSINESSES; PROHIBITED SECURITY REQUIREMENTS Hearing: Senate Rules (Tuesday 02/03/15 at 10:00 AM, Senate Caucus Rm.) Calendar: 2/3 Senate Caucus S1079: SOLID WASTE COLLECTION; MULTIFAMILY HOUSING Hearing: Senate Rules (Tuesday 02/03/15 at 10:00 AM, Senate Caucus Rm.) Calendar: 2/3 Senate Caucus S1145: RESTORATION TO COMPETENCY; STATE COSTS Hearing: Senate Government (Wednesday 02/04/15 at 2:00 PM, Senate Rm. 3) S1169: FIRE CODE REQUIREMENTS; FIRE WATCH Hearing: Senate Rural Affairs & Environment (Tuesday 02/03/15 at 9:00 AM, Senate Rm. 109) Bill Summaries H2048: RECALL; PRIMARY; GENERAL ELECTION Recall elections must have a primary election and, if necessary, a general election. If the office subject to the recall is regularly subject to a partisan primary, the recall primary must also be held as a partisan primary election. If there is only one candidate remaining for office after the recall primary, the recall general election may not be held and the winner of the recall primary is declared elected. First sponsor: Rep. Townsend Others: Rep. Finchem, Rep. Lawrence, Rep. Mitchell H2048 Daily History Date Action RECALL; PRIMARY; GENERAL ELECTION 1/14 referred to House elect. H2056: TECH CORRECTION; STATE BONDS Minor change in Title 35 (Public Finances) related to state tax anticipation bonds. Apparent striker bus. First sponsor: Rep. Thorpe H2056 Daily History No actions posted for this bill within the requested time frame. file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] Date Action LOLA Print Report H2060: STATE BUDGET; CONSENSUS FORECAST On March 1, September 1 and December 1 of each year, the Directors of the Joint Legislative Budget Committee and the Governor's Office of Strategic Planning and Budgeting are required to jointly compile a consensus revenue forecast for the current fiscal year and te next three fiscal years. The consensus revenue forecast must consist of specified information and must be transmitted to the Governor and the Legislature. Revenue estimates in the annual budget submitted to the Legislature by the Governor and in the general appropriation act are required to be based on the most recent consensus revenue forecast. First sponsor: Rep. Mesnard H2060 Daily History Date Action No actions posted for this bill within the requested time frame. H2061: ONLINE TPT; INCOME TAX REDUCTION The Department of Revenue is required to determine the amount of additional revenue collected during the first full taxable year following the date the Dept begins collecting, as a result of a "qualifying federal law" (defined), transaction privilege and use taxes from out-of-state retailers on purchases made by Arizona residents. After the Dept makes this determination, the Dept is required to determine the amount that individual income taxes may be reduced in the following tax year in order to decrease individual income tax revenue by the amount of TPT collected. The Dept must certify these determinations to the Governor and the Legislature and must specify in the certification that the new tax rates take effect in the following tax year. First sponsor: Rep. Mesnard H2061 Daily History Date Action ONLINE TPT; INCOME TAX REDUCTION 1/26 from House ways-means do pass. ONLINE TPT; INCOME TAX REDUCTION 1/26 House ways-means do pass; report awaited. ONLINE TPT; INCOME TAX REDUCTION 1/14 referred to House ways-means. H2071: CANDIDATE'S RESIDENCE ADDRESS; NONDISCLOSURE At the request of a candidate, the filing officer is prohibited from publicly disclosing the candidate’s residence address, and the candidate’s residence address does not constitute a public record. A candidate is permitted to omit the candidate’s specific residence address from nomination petitions and may instead state the s/he resides in the political division or district as appropriate for that office. First sponsor: Rep. Townsend Others: Rep. Borrelli, Rep. Cobb, Rep. Lawrence, Sen. Miranda, Rep. Thorpe, Sen. Ward H2071 Daily History Date Action CANDIDATE'S RESIDENCE ADDRESS; NONDISCLOSURE 1/14 referred to House elect. H2131: TAX ADJUDICATIONS; ATTORNEY FEES The court is required, instead of permitted, to award fees and other expenses to any party other than the state or a county or municipality that prevails by an adjudication on the merits in an action brought by that party against the state or a county or municipality challenging the assessment or collection of taxes, or the denial of a tax refund. The definition of “fees and other expenses” is expanded to include contingent fees. First sponsor: Rep. Mitchell H2131 Daily History Date Action TAX ADJUDICATIONS; ATTORNEY FEES 1/27 referred to House jud. H2156: NATIVE AMERICAN TRIBES; TPT REVENUES Each Indian tribe in the state is to receive 50 percent of transaction privilege tax collections from its reservation. Funds are to be used for file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report telecommunications infrastructure and community development projects. The remainder of collections are deposited in the state general fund. First sponsor: Rep. Hale Others: Rep. Alston, Sen. Begay, Rep. Benally, Rep. Bowers, Rep. Gabaldon, Rep. Gonzales, Rep. Larkin, Rep. Meyer, Rep. Otondo, Rep. Rios, Rep. Saldate, Rep. Sherwood, Rep. Shope, Rep. Steele, Rep. Wheeler H2156 Daily History Date Action NATIVE AMERICAN TRIBES; TPT REVENUES 1/29 referred to House ways-means, appro. H2160: TPT; INDIAN TRIBE; MOTOR VEHICLES The list of items exempt from retail transaction privilege taxes is expanded to include the sale of a motor vehicle to multiple purchasers who are enrolled members of an Indian tribe who resides on the Indian reservation established for the tribe of any of the purchasers. First sponsor: Rep. Hale Others: Rep. Alston, Sen. Begay, Rep. Benally, Rep. Bowers, Rep. Gabaldon, Rep. Gonzales, Rep. Larkin, Rep. Meyer, Rep. Otondo, Rep. Rios, Rep. Saldate, Rep. Sherwood, Rep. Shope, Rep. Steele, Rep. Wheeler H2160 Daily History Date Action TPT; INDIAN TRIBE; MOTOR VEHICLES 1/29 referred to House ways-means, appro. H2209: GOVERNMENT-OWNED REAL PROPERTY; ANNUAL REPORT Beginning in FY2015-16, municipal governing bodies and county boards of supervisors are required to publish a report by June 30 of each year of all the real property owned by the municipality or county. Information that must be included in the report is specified. First sponsor: Rep. Finchem Others: Rep. Barton, Rep. Borrelli, Rep. Campbell, Rep. Cardenas, Rep. Cobb, Rep. Lawrence, Rep. Leach, Rep. Petersen, Sen. Smith, Rep. Thorpe H2209 Daily History Date Action GOVERNMENT-OWNED REAL PROPERTY; ANNUAL REPORT 1/22 referred to House county-muni. H2212: LICENSING; ACCOUNTABILITY; ENFORCEMENT; EXCEEDING REGULATION Statute prohibiting municipalities, counties, special taxing districts and state agencies from basing licensing decisions on requirements or conditions that are not specifically authorized by statute, rule, ordinance or code may be enforced in a private civil action and relief may be awarded against a municipality, county, special taxing district or the state. The court is required to award reasonable attorney fees, costs, damages and license application fees to a party that prevails in an action against the municipality, county, special taxing district or state. The language of these statutes must be prominently printed on all license applications. First sponsor: Rep. Petersen H2212 Daily History Date Action LICENSING; ACCOUNTABILITY; ENFORCEMENT; EXCEEDING REGULATION 1/29 withdrawn from House gov-higher ed. LICENSING; ACCOUNTABILITY; ENFORCEMENT; EXCEEDING REGULATION 1/28 from House jud do pass. LICENSING; ACCOUNTABILITY; ENFORCEMENT; EXCEEDING REGULATION 1/21 additionally referred to House govhigher ed. LICENSING; ACCOUNTABILITY; ENFORCEMENT; EXCEEDING REGULATION 1/20 referred to House jud. H2254: MUNICIPAL TAX EXEMPTION; RESIDENTIAL LEASE Municipalities or other taxing jurisdictions are prohibited from levying a transaction privilege or other similar tax or fee on the business of renting or leasing “real property for residential purposes” (defined). A municipality or other taxing jurisdiction that levies a tax or fee on the business of renting or leasing real property for residential purposes on January 1, 2015 is prohibited from increasing the rate of the tax or fee and is required to annually reduce the rate by 25 percent of the initial rate for four consecutive years beginning file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report on July 1, 2016 and each July 1 thereafter. Beginning July 1, 2019, municipalities and other taxing jurisdictions are required to repeal any tax or fee on the business of renting or leasing real property for residential purposes. Retroactive to January 1, 2015. First sponsor: Rep. Mitchell H2254 Daily History Date Action MUNICIPAL TAX EXEMPTION; RESIDENTIAL LEASE 2/2 House ways-means do pass; report awaited. MUNICIPAL TAX EXEMPTION; RESIDENTIAL LEASE 1/22 referred to House ways-means. H2264: TPT EXEMPTION; SCHOOL PURCHASES The lists of exemptions from the retail classification of transaction privilege and use taxes are expanded to include tangible personal property sold to a school district or to a public or private elementary or secondary school for use by the district or school. First sponsor: Rep. Bowers H2264 Daily History Date Action TPT EXEMPTION; SCHOOL PURCHASES 1/22 referred to House ways-means, appro. H2315: FINANCIAL INFORMATION; COMPREHENSIVE DATABASE; POSTING If a “local government” (defined) fails to comply with the requirement to establish and maintain an official internet website that is available to the public and that contains a comprehensive reporting of all revenues and expenditures over $5,000 of local monies, the public officer responsible for posting the information is subject to removal for malfeasance in office. First sponsor: Rep. Barton Others: Rep. Bowers H2315 Daily History Date Action FINANCIAL INFORMATION; COMPREHENSIVE DATABASE; POSTING 1/27 referred to House gov-higher ed. H2320: FIREARMS; PERMIT HOLDERS; PUBLIC PLACES It is not considered misconduct involving weapons to carry a deadly weapon at a public establishment or event if the person possesses a valid concealed weapons permit. Does not apply to public establishments or events that have security personnel and electronic weapons screening devices and that require each person carrying a deadly weapon to leave it in possession of the security personnel while the person is in the establishment or event. First sponsor: Rep. Barton Others: Rep. Borrelli, Rep. Bowers, Sen. Burges, Rep. Finchem, Rep. Lawrence, Rep. Shope, Sen. Smith, Rep. Thorpe H2320 Daily History Date Action FIREARMS; PERMIT HOLDERS; PUBLIC PLACES 1/27 referred to House mil-pub. H2328: TPT; HOST FACILITY; SPORTING EVENT The State Treasurer is required to pay from the transaction privilege tax distribution base a specified amount to the Office of Tourism for the sole benefit of the “host facility” of a “special sporting event” (both defined) where the cost of the event is at least $50 million. The amount to be paid is $1 million to $2 million, based on the total amount spent by the owner of the host facility on the special sporting event. The Office is required to use the monies for the promotion and marketing of the special sporting event and its host facility. First sponsor: Rep. Robson H2328 Daily History Date Action TPT; HOST FACILITY; SPORTING EVENT 1/27 referred to House ways-means. H2354: PUBLIC RECORDS; ATTORNEY FEES file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report The court is prohibited from awarding attorney fees to a public officer or public body in an action under public records law. First sponsor: Rep. Gonzales Others: Rep. Andrade, Rep. Gabaldon, Rep. Steele, Rep. Velasquez H2354 Daily History Date Action No actions posted for this bill within the requested time frame. H2358: TPT; EXEMPTION; CROP DUSTERS The list of deductions from the tax base for the retail classification of transaction privilege taxes and use taxes is expanded to include the gross proceeds of sales or gross income derived from sales of “agricultural aircraft,” defined as an aircraft built for agricultural use for the aerial application of pesticides or fertilizer or for aerial seeding. Retroactive to taxable periods beginning October 1, 1988. First sponsor: Rep. Shope Others: Rep. Barton, Rep. Leach, Rep. Mitchell, Rep. Pratt, Sen. Smith, Rep. Townsend H2358 Daily History Date Action TPT; EXEMPTION; CROP DUSTERS 1/28 referred to House rural-econ. H2381: TPT; USE TAX EXEMPTION; AIRCRAFT The list of deductions from the tax base for the retail classification of transaction privilege taxes and use taxes is expanded to include the gross proceeds of sales or gross income derived from sales of aircraft, navigational and communication instruments and related equipment leased or otherwise transferred to a specified list of persons, in addition to sold to those persons. The list of persons to whom the exempted aircraft and related equipment may be sold, leased or transferred to is expanded to include a certificated or licensed carrier of persons for hire to be used to transport persons or property for hire in intrastate, interstate or foreign commerce. First sponsor: Rep. Olson H2381 Daily History Date Action TPT; USE TAX EXEMPTION; AIRCRAFT 1/28 referred to House ways-means. H2382: LOW-INCOME HOUSING; PROPERTY TAX Adds a new article to Title 42 (Taxation) governing the valuation of "lowincome multifamily residential rental property" (defined). The owner of such property may elect a statutory income method for valuing the property by submitting specified information to the county assessor. Properties valued according to this method are added to class 4 property for property tax purposes. First sponsor: Rep. Olson H2382 Daily History Date Action LOW-INCOME HOUSING; PROPERTY TAX 1/28 referred to House ways-means. H2383: CONTRACTING; TPT; LAND VALUE The list of deductions from the tax base for the prime contracting classification of transaction privilege taxes is modified to include the value of any land included in the sales price, instead of the sales price of land. Applies retroactively to taxable periods beginning June 1, 2002. Any claim for refund based on the retroactive application must be submitted to the Department of Revenue by December 31, 2015. The aggregate amount of refunds cannot exceed $10,000, and interest is not allowed on any refundable amount if paid before July 1, 2016. First sponsor: Rep. Olson H2383 Daily History Date Action CONTRACTING; TPT; LAND VALUE 1/28 referred to House ways-means. file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report H2504: BD OF TECHNICAL REGISTRATION; ALARMS Statutes requiring alarm businesses and alarm agents to be certified by the Board of Technical Registration and specifying requirements for certification are repealed. First sponsor: Rep. Petersen H2504 Daily History Date Action BD OF TECHNICAL REGISTRATION; ALARMS 1/28 from House com do pass. BD OF TECHNICAL REGISTRATION; ALARMS 1/22 referred to House com. H2560: COMMUNICATIONS NETWORK FACILITATORS; REGULATION “Communications network facilitators” (defined) may only be regulated or required to obtain licensure or certification in the role of an operator of a communications network. The regulation of communications network facilitators is of statewide concern and is not subject to further regulation by counties or municipalities. Communications network facilitators and the Attorney General are authorized to bring an action in superior court to enjoin any unlawful regulation by the state or political subdivisions. First sponsor: Rep. Petersen H2560 Daily History Date Action COMMUNICATIONS NETWORK FACILITATORS; REGULATION 2/2 referred to House com. H2564: PHOTO RADAR; LAW ENFORCEMENT OPERATION A violation of traffic signal or speed restriction regulations that is detected by a photo enforcement system may result in a traffic ticket and complaint only if the system is manned, operated and monitored by a uniformed law enforcement officer who is a member in good standing of a local law enforcement agency in the municipality or county where the system is located. First sponsor: Rep. Thorpe H2564 Daily History Date Action No actions posted for this bill within the requested time frame. H2570: MUNICIPALITIES; VEGETATION REQUIREMENTS; PROHIBITION Municipalities are prohibited from adopting any ordinance or other legal requirement that requires a property owner to salvage or install plants, trees or other vegetation species or to install a density of landscaping that exceeds the recommendations of a registered landscape architect or specified landscaping standards. First sponsor: Rep. Mitchell H2570 Daily History Date Action No actions posted for this bill within the requested time frame. H2579: TOBACCO RETAILER; LOCATION RESTRICTION Municipalities are prohibited from adopting a zoning ordinance that allows a “tobacco retailer” (defined) to be located within 300 feet of a licensed child care facility, public or private school, public playground or public recreational facility. First sponsor: Rep. Otondo Others: Rep. Boyer, Rep. Cardenas, Rep. Carter, Rep. Coleman, Rep. Lawrence, Rep. Pratt, Rep. Thorpe H2579 Daily History Date Action No actions posted for this bill within the requested time frame. HCR2001: CONSTITUTIONAL AMENDMENTS; SIXTY PERCENT APPROVAL The 2016 general election ballot is to carry the question of whether to amend file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report the state Constitution to require initiatives and referendums that propose amendments to the state Constitution to be approved by at least 60 percent of the voters for passage. First sponsor: Rep. Lovas Others: Rep. J. Allen, Rep. Shope HCR2001 Daily History Date Action No actions posted for this bill within the requested time frame. S1013: EMPLOYMENT DISCRIMINATION; ENFORCEMENT; DAMAGES Increases the statute of limitations on filing employment discrimination charges to 2 years from 1 year. Allows the recovering party in unlawful employment practice cases to recover punitive or compensatory damages if specified conditions are met. First sponsor: Sen. Ableser S1013 Daily History Date Action EMPLOYMENT DISCRIMINATION; ENFORCEMENT; DAMAGES 1/12 referred to Senate gov. S1069: ORDINANCES; BUSINESSES; PROHIBITED SECURITY REQUIREMENTS Municipalities and counties are prohibited from adopting an ordinance requiring a retail business to comply with specific security requirements. Does not include a bar or restaurant. First sponsor: Sen. Smith S1069 Daily History Date Action ORDINANCES; BUSINESSES; PROHIBITED SECURITY REQUIREMENTS 1/29 from Senate pub-mil-tech with amend #4020. ORDINANCES; BUSINESSES; PROHIBITED SECURITY REQUIREMENTS 1/28 Senate pub-mil-tech amended; report awaited. ORDINANCES; BUSINESSES; PROHIBITED SECURITY REQUIREMENTS 1/20 referred to Senate pub-mil-tech. S1079: SOLID WASTE COLLECTION; MULTIFAMILY HOUSING Municipalities cannot prohibit or unreasonably restrain a private enterprise from delivering recycling or solid waste management services to “multifamily residential properties” (defined) within the municipality. Effective January 1, 2016. First sponsor: Sen. Griffin Others: Sen. S. Allen, Sen. Begay, Rep. Boyer, Rep. Carter, Sen. McGuire, Sen. Meza, Rep. Mitchell, Rep. Pratt, Sen. Shooter, Rep. Shope, Rep. Stevens, Rep. Thorpe S1079 Daily History Date Action SOLID WASTE COLLECTION; MULTIFAMILY HOUSING 1/29 from Senate gov with amend #4024. SOLID WASTE COLLECTION; MULTIFAMILY HOUSING 1/20 referred to Senate gov. S1133: TPT; MUNICIPALITIES; CUSTOMER REFUND CLAIMS A customer who paid to a “vendor” (defined) an amount equal to a transaction privilege tax that was passed on by the vendor to the customer or who paid a use tax to a vendor is permitted to file a claim for a refund of the tax if the vendor assigns to the customer its right to claim an amount equal to any tax and interest that the vendor could otherwise claim. The process for customers to file claims under these provisions is specified. If a vendor fails or refuses to assign its right to a claim within 60 days of the customer’s written request or if the vendor is no longer in business, the customer may provide the Department of Revenue or municipal tax collector with a statement explaining the efforts made to obtain an assignment from the vendor, which must contain specified information. The Dept or tax collector must attempt to notify the vendor of the claim and continue processing the claim. On paying or crediting monies to the customer pursuant to the claim, the Dept or tax collector must amend the vendor’s returns or account to reflect the amount paid or credited. The Dept or tax collector may disallow a claim filed by a customer if the Dept already paid or credited a refund arising from the same transaction. The Dept file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report or tax collector is required to notify the customer and the vendor of any disallowed claim. First sponsor: Sen. Lesko S1133 Daily History Date Action TPT; MUNICIPALITIES; CUSTOMER REFUND CLAIMS 1/22 referred to Senate fin. S1145: RESTORATION TO COMPETENCY; STATE COSTS If the state pays the costs of a defendant’s inpatient, in custody competency restoration treatment, the municipality or county is required to reimburse the Department of Health Services for 100 percent of these costs for FY2015-16. Reimbursements must be deposited in the Arizona State Hospital Fund. County contributions made for reimbursements are excluded from the county expenditure limitations. First sponsor: Sen. Griffin S1145 Daily History Date Action RESTORATION TO COMPETENCY; STATE COSTS 1/27 referred to Senate gov, appro. S1169: FIRE CODE REQUIREMENTS; FIRE WATCH The State Fire Safety Committee, county boards of supervisors and municipalities are prohibited from requiring the use of a “fire watch,” defined as a person who is stationed in a building or in a place relative to a building to observe building openings when the fire protection system for the building is temporarily nonoperational or absent. First sponsor: Sen. S. Allen Others: Sen. Burges, Sen. Dial, Sen. Driggs, Sen. Griffin, Sen. Shooter, Sen. Yee S1169 Daily History Date Action FIRE CODE REQUIREMENTS; FIRE WATCH 2/3 Senate rural-env amended; report awaited. FIRE CODE REQUIREMENTS; FIRE WATCH 1/26 referred to Senate rural-env. S1224: MUNICIPALITIES; COUNTIES; PROHIBITED SECURITY REQUIREMENTS Municipalities and counties are prohibited from adopting an ordinance requiring a business to comply with specific security requirements. Does not include a bar or restaurant. First sponsor: Sen. Kavanagh Others: Sen. S. Allen, Rep. Coleman, Rep. Espinoza S1224 Daily History Date Action MUNICIPALITIES; COUNTIES; PROHIBITED SECURITY REQUIREMENTS 1/27 referred to Senate pub-mil-tech. S1291: FIREARMS; STATE PREEMPTION; PENALTIES If a political subdivision enacts any ordinance, regulation, tax or rule that violates statute limiting political subdivisions regulating firearms, a court is required to declare the improper act invalid and issue a permanent injunction against the political subdivision from continuing the act. If a court determines the violation was knowing and willful, the court is required to assess a civil penalty of up to $5,000 against the elected or appointed government official or administrative agency head under whose jurisdiction the violation occurred. A person or organization whose membership was adversely affected by an act is permitted to file a civil action against the political subdivision in any court having jurisdiction over any defendant for declaratory relief and actual damages. The court is required to award the prevailing plaintiff in any civil action reasonable attorney fees and the actual damages incurred, up to $100,000. First sponsor: Sen. Smith Others: Sen. S. Allen, Sen. Barto, Rep. Borrelli, Sen. Burges, Sen. D. Farnsworth, Sen. Kavanagh, Rep. Leach, Sen. McGuire, Sen. Shooter, Rep. Shope, Rep. Thorpe, Rep. Townsend S1291 Daily History Date Action FIREARMS; STATE PREEMPTION; PENALTIES 1/29 referred to Senate pub-mil-tech, fed-man-fiscal. file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report S1292: DOG BREED RESTRICTIONS; PROHIBITION Municipalities may regulate the control of dogs if the regulation is not specific to any breed. First sponsor: Sen. Smith Others: Rep. Borrelli, Sen. Shooter S1292 Daily History Date Action No actions posted for this bill within the requested time frame. S1300: LAW ENFORCEMENT OFFICERS; BODY CAMERAS Law enforcement agencies are authorized to employ a law enforcement officer body camera that operates on a continuous basis or that is manually turned on or off by the officer. If a body camera is continuously on, an officer is permitted to turn the camera off during specified “nonrecordable incidents” (defined) or during specified “recordable incidents” (defined) if the officer announces on the recording that the camera is being turned off. If a body camera does not operate continuously, an officer may activate the camera only during a recordable incident or any other situation when a person informs the officer that the person is going to submit a complaint against the officer or when all parties consent to the recording. Also establishes regulations for the viewing, erasing and release of law enforcement officer body camera recordings. First sponsor: Sen. Kavanagh S1300 Daily History Date Action LAW ENFORCEMENT OFFICERS; BODY CAMERAS 2/2 referred to Senate pub-mil-tech, appro. S1335: FIRE ACCESS ROADS; LIMITATIONS; ENFORCEMENT Statute prohibiting counties and municipalities from adopting a fire code or other legal requirement for an approved fire apparatus access road that requires the installation of fire sprinklers may be enforced in a private civil action, and relief may be awarded against the county or municipality, including an injunction, reasonable attorney fees, and other specified costs. The Legislature determines that property rights are a matter of statewide concern, and this statutory prohibition preempts any regulation adopted by a county or municipality regarding an approved fire apparatus access road. First sponsor: Sen. D. Farnsworth Others: Sen. Begay, Sen. Burges, Sen. Lesko, Sen. Miranda, Sen. Yee S1335 Daily History Date Action FIRE ACCESS ROADS; LIMITATIONS; ENFORCEMENT 2/2 referred to Senate pub-mil-tech. S1342: RESPONSIBILITY OF PAYMENT; UTILITY SERVICES For residential property of four or fewer units, a garbage collection service provider, private water company or sewer corporation is prohibited from requiring payment of garbage collection service rates and charges by anyone other than the person who the provider or company contracted with to provide the service, who physically resides or resided at the property and who receives or received the service. For residential property of four or fewer units, municipalities are prohibited from requiring payment of unpaid utility user fees by anyone other than the person who the municipality contracted with to provide the service, who physically resides or resided at the property and who receives or received the service. First sponsor: Sen. Griffin S1342 Daily History Date Action RESPONSIBILITY OF PAYMENT; UTILITY SERVICES 2/2 referred to Senate gov. S1345: GOVERNMENT PURCHASE OF PRIVATE PROPERTY If a “government entity” (defined) purchases, acquires an option to purchase or files an action to condemn privately owned real property, the government file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report entity is required to make available for sale to private parties real property that the entity owns and that has an appraised value equal to the appraised value of the real property acquired. The ownership of real property by a government entity is an issue of statewide concern and is not subject to further regulation by a county, municipality or other political subdivision. First sponsor: Sen. Griffin S1345 Daily History Date Action GOVERNMENT PURCHASE OF PRIVATE PROPERTY 2/2 referred to Senate gov. S1368: MUNICIPALITIES; ADDITIONAL BUSINESS LICENSES; PROHIBITION Municipalities are prohibited from requiring a licensed real estate broker or salesperson to obtain an additional business license to do business within that municipality if the person is licensed to do business in the municipality in which the person’s primary place of business is located. First sponsor: Sen. Griffin S1368 Daily History Date Action No actions posted for this bill within the requested time frame. Good Bills Posted Calendars and Committee Hearings H2013: COURTS; DAYS; TRANSACTION OF BUSINESS Calendar: 2/3 House Caucus Calendar: 2/5 House Consent H2061: ONLINE TPT; INCOME TAX REDUCTION Calendar: 2/3 House Caucus Calendar: 2/5 House Consent H2129: MUNICIPAL TAX CODE COMMISSION; CONTINUATION Calendar: 2/3 House Caucus H2140: AMBULANCE SERVICES; TEMPORARY AUTHORITY Hearing: House Health (Tuesday 02/03/15 at 2:00 PM, House Rm. 4) H2320: FIREARMS; PERMIT HOLDERS; PUBLIC PLACES Hearing: House Military Affairs & Public Safety (Thursday 02/05/15 at 9:30 AM, House Rm. 5) H2358: TPT; EXEMPTION; CROP DUSTERS Hearing: House Rural & Economic Development (Tuesday 02/03/15 at 2:00 PM, House Rm. 5) S1069: ORDINANCES; BUSINESSES; PROHIBITED SECURITY REQUIREMENTS Hearing: Senate Rules (Tuesday 02/03/15 at 10:00 AM, Senate Caucus Rm.) Calendar: 2/3 Senate Caucus S1079: SOLID WASTE COLLECTION; MULTIFAMILY HOUSING Hearing: Senate Rules (Tuesday 02/03/15 at 10:00 AM, Senate Caucus Rm.) Calendar: 2/3 Senate Caucus S1145: RESTORATION TO COMPETENCY; STATE COSTS Hearing: Senate Government (Wednesday 02/04/15 at 2:00 PM, Senate Rm. 3) S1169: FIRE CODE REQUIREMENTS; FIRE WATCH Hearing: Senate Rural Affairs & Environment (Tuesday 02/03/15 at 9:00 AM, Senate Rm. 109) Bill Summaries H2007: MARIJUANA; REGULATION; TAXATION A person who is at least 21 years of age may possess, consume, use, display, purchase or transport one ounce or less of marijuana, may grow up to five marijuana plants and may possess, process or transport the marijuana produced by the plants on the premises where the plants were grown. Some file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report restrictions. It is unlawful to smoke marijuana in a public place. Establishes regulations for marijuana accessories and retail marijuana stores. Establishes an excise tax on the sale or transfer of marijuana at the rate of $50 per ounce. Revenues generated by the tax must be used to enforce these regulations, and any remaining monies are distributed as follows: 30 percent to the Department of Education, 20 percent to the Department of Health Services for specified drug programs, and 50 percent to the general fund. The Department of Health Services is required to adopt rules necessary for implementation. Due to a potential increase in state revenue, this bill requires the affirmative vote of at least 2/3 of each house of the Legislature for passage. First sponsor: Rep. Cardenas H2007 Daily History Date Action No actions posted for this bill within the requested time frame. H2013: COURTS; DAYS; TRANSACTION OF BUSINESS Municipal courts are authorized to transact business on the second Monday in October if the municipality is open on that day and the presiding judge of the municipal court approves. First sponsor: Rep. Coleman H2013 Daily History Date Action COURTS; DAYS; TRANSACTION OF BUSINESS 1/26 from House county-muni do pass. COURTS; DAYS; TRANSACTION OF BUSINESS 1/14 referred to House county-muni. H2095: JOB-ORDER-CONTRACTING; BOND; WAIVER For job-order-contracting construction services, the agent or purchasing agency may waive the required performance bond if the amount of construction under the contract does not exceed $500,000, including change orders. First sponsor: Rep. Coleman H2095 Daily History Date Action JOB-ORDER-CONTRACTING; BOND; WAIVER 2/2 House county-muni amended; report awaited. JOB-ORDER-CONTRACTING; BOND; WAIVER 1/26 House county-muni held. JOB-ORDER-CONTRACTING; BOND; WAIVER 1/22 referred to House county-muni. H2123: COMPETENCY RESTORATION; TREATMENT; COSTS The requirement contained in the FY2014-15 budget for municipalities and counties to reimburse the Department of Health Services for 100 percent of the costs of a defendant’s inpatient competency restoration treatment for FY2014-15 applies only if the competency proceeding occur in a county with a population of 500,000 persons or more (Maricopa and Pima). Retroactive to July 24, 2014. The Dept is required to refund all monies that were paid by a municipality or county to the Dept in FY2014-15 if the competency proceedings occurred in a county with a population of less than 500,000 persons. Emergency clause. First sponsor: Rep. Gabaldon Others: Rep. Andrade, Rep. Benally, Rep. Cardenas, Sen. Dalessandro, Rep. Espinoza, Rep. Gonzales, Rep. Hale, Rep. Mendez, Sen. Quezada, Rep. Saldate, Rep. Velasquez H2123 Daily History Date Action No actions posted for this bill within the requested time frame. H2124: WQARF FUNDING; STATE TREASURER; TRANSFERS Repeals the cap on the appropriation from the general fund to the Water Quality Assurance Revolving Fund for FY2014-15 of $7 million that was contained in the FY2013-14 budget. The State Treasurer is required to make the transfers to WQARF required by statute to assure an annual funding amount of $18 million for FY2014-15. First sponsor: Rep. Gabaldon Others: Rep. Andrade, Rep. Benally, Rep. Bolding, Rep. Cardenas, Rep. Clark, Sen. file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report Dalessandro, Rep. Espinoza, Rep. Gonzales, Rep. Hale, Rep. Mendez, Rep. Saldate, Rep. Steele, Rep. Velasquez H2124 Daily History Date Action WQARF FUNDING; STATE TREASURER; TRANSFERS 1/29 referred to House agri-water-land, appro. H2129: MUNICIPAL TAX CODE COMMISSION; CONTINUATION The statutory life of the Municipal Tax Code Commission is extended 10 years to July 1, 2025. Retroactive to July 1, 2015. First sponsor: Rep. Mitchell H2129 Daily History Date Action MUNICIPAL TAX CODE COMMISSION; CONTINUATION 1/26 from House ways-means with amend #4015 MUNICIPAL TAX CODE COMMISSION; CONTINUATION 1/26 House ways-means amended; report awaited. MUNICIPAL TAX CODE COMMISSION; CONTINUATION 1/15 referred to House ways-means. H2133: COUNTYWIDE ELECTIONS; VOTE BY MAIL On approval of the county board of supervisors, a county is authorized to conduct a mail ballot election for all elections administered by that county, including elections for federal and state offices and measures, and elections for county, municipal, school district and special districts. Counties that conduct mail ballot elections are required to report specified information about the election to the Legislature by January 1 of each year following a mail ballot election. First sponsor: Rep. Shope H2133 Daily History Date Action COUNTYWIDE ELECTIONS; VOTE BY MAIL 1/21 referred to House elect, county-muni. H2138: MAY PRIMARY ELECTION DATE The primary election is moved to the 24th Tuesday before a general election, from the 10th Tuesday before. First sponsor: Rep. Shope H2138 Daily History Date Action MAY PRIMARY ELECTION DATE 1/22 referred to House elect. H2140: AMBULANCE SERVICES; TEMPORARY AUTHORITY The Director of the Department of Health Services may grant temporary authority to provide needed ambulance service for up to 365 days, increased from 90 days, and may be renewed once. First sponsor: Rep. Carter H2140 Daily History Date Action AMBULANCE SERVICES; TEMPORARY AUTHORITY 1/22 referred to House hel. H2142: WATER INFRASTRUCTURE FINANCE AUTHORITY; PREPAYMENT For financial assistance from the clean water revolving fund or drinking water revolving fund, the Water Infrastructure Finance Authority (WIFA) is prohibited from unilaterally amending the financial assistance agreement, loan or bond after its execution. WIFA is prohibited from imposing a redemption premium as a condition of refinancing or receiving prepayment on a financial assistance agreement, loan or bond if the agreement, loan or bond did not contain a redemption premium. Applies to all financial assistance agreements, loans or bonds issued or executed by WIFA before or after the effective date of this legislation. Emergency clause. First sponsor: Rep. Borrelli Others: Rep. Ackerley, Rep. Barton, Rep. Bowers, Rep. Boyer, Rep. Campbell, Rep. Cardenas, Rep. Carter, Rep. Cobb, Rep. Coleman, Rep. Fann, Rep. Finchem, Sen. Griffin, Rep. Hale, Rep. Kern, Rep. Larkin, Rep. Lawrence, Rep. Mitchell, Rep. Pratt, Rep. Shope, Rep. Thorpe, Rep. Townsend, Sen. Ward, Sen. Yee file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report H2142 Daily History Date Action WATER INFRASTRUCTURE FINANCE AUTHORITY; PREPAYMENT 1/21 referred to House agri-water-land. H2147: MUNICIPAL TAX; POLE ATTACHMENT The list of items exempt from the utilities, telecommunications, commercial lease and personal property rental classifications of transaction privilege taxes is expanded to include the leasing or renting of space to make attachments to “utility poles” (defined) by or to a person engaged in business under the utilities or telecommunications classifications or to a person that is a “cable operator” (defined elsewhere in statute). The list of items of items that municipalities are prohibited from levying a transaction privilege tax or other similar tax on is expanded to include the charges for leasing or renting of space to make attachments to utility poles by or to a person engaged in the business of providing “electrical services” or “telecommunications services” (both defined) or that is a cable operator. The exemption from the personal property rental classification applies retroactively to taxable period beginning September 1, 2006. Any claim for a refund of transaction privilege tax paid based on the retroactive application of this legislation must be submitted to the Department of Revenue by December 31, 2015. The burden is on the taxpayer to establish by competent evidence the amount of any such refund claim. The total amount of refunds issued based on the retroactive application cannot exceed $200,000. Interest is not allowed or compounded on a refund paid before June 30, 2016. First sponsor: Rep. Olson Others: Sen. Lesko, Rep. Mitchell, Sen. Shooter H2147 Daily History Date Action MUNICIPAL TAX; POLE ATTACHMENT 2/2 House ways-means amended; report awaited. MUNICIPAL TAX; POLE ATTACHMENT 1/22 referred to House ways-means, appro. H2324: INTERGOVERNMENTAL AGREEMENTS; PUBLIC AGENCY INDEMNIFICATION An intergovernmental agreement may require one public agency to defend, indemnify or hold harmless the other public agency for liabilities, damages, losses and costs only to the extent caused by the negligence, recklessness or intentional wrongful conduct of the indemnifying public agency. Any other indemnity clause in an intergovernmental agreement is void. First sponsor: Rep. Weninger Others: Rep. Barton, Rep. Cobb, Rep. Fann, Rep. Shope H2324 Daily History Date Action INTERGOVERNMENTAL AGREEMENTS; PUBLIC AGENCY INDEMNIFICATION 2/2 House county-muni do pass; report awaited. INTERGOVERNMENTAL AGREEMENTS; PUBLIC AGENCY INDEMNIFICATION 1/28 referred to House county-muni. H2517: INTERNET CRIMES AGAINST CHILDREN; FUND Establishes the Internet Crimes Against Children Enforcement Fund, to be administered by the Attorney General to continue the operation of the federally recognized Internet Crimes Against Children Task Force Program. Of the monies remaining in the State Lottery Fund each fiscal year after appropriations and statutory deposits, $4.5 million is deposited in the Internet Crimes Against Children Enforcement Fund and $500,000 is deposited in the Victims’ Rights Enforcement Fund. If a law enforcement agency receives information that a communication service provider is hosting a website containing an alleged violation of crimes of sexual exploitation of children, the agency is required to serve a notice of the alleged violation on the statutory agent of the communication service provider. In any prosecution for a violation of crimes of sexual exploitation of children, the defendant or any person assisting the defendant is prohibited from removing any visual depiction or any computer or other device that contains a visual depiction that is alleged to be in violation and that is in the possession of a law enforcement agency or the prosecutor. Emergency clause. First sponsor: Rep. Boyer Others: Sen. Ableser, Rep. Ackerley, Rep. J. Allen, Sen. S. Allen, Rep. Alston, Rep. Andrade, Sen. Barto, Rep. Barton, Sen. Begay, Rep. Benally, Rep. Bolding, Rep. Borrelli, Rep. Bowers, file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report Sen. Bradley, Rep. Brophy McGee, Sen. Burges, Sen. Cajero Bedford, Rep. Campbell, Rep. Cardenas, Rep. Carter, Rep. Clark, Rep. Cobb, Rep. Coleman, Sen. Contreras, Sen. Dalessandro, Sen. Dial, Sen. Driggs, Rep. Espinoza, Rep. Fann, Sen. Farley, Sen. D. Farnsworth, Rep. E. Farnsworth, Rep. Fernandez, Rep. Finchem, Rep. Friese, Rep. Gabaldon, Rep. Gonzales, Rep. Gray, Sen. Griffin, Rep. Hale, Sen. Hobbs, Rep. Kern, Rep. Larkin, Rep. Lawrence, Rep. Leach, Rep. Livingston, Rep. Lovas, Rep. Mach, Rep. McCune Davis, Rep. Mendez, Rep. Mesnard, Rep. Meyer, Sen. Miranda, Rep. Mitchell, Rep. Montenegro, Rep. Norgaard, Rep. Olson, Rep. Otondo, Rep. Petersen, Sen. Pierce, Rep. Pratt, Sen. Quezada, Rep. Rios, Rep. Rivero, Rep. Robson, Rep. Saldate, Rep. Sherwood, Sen. Shooter, Rep. Shope, Sen. Smith, Rep. Steele, Rep. Thorpe, Rep. Townsend, Rep. Velasquez, Sen. Ward, Rep. Weninger, Sen. Worsley, Sen. Yee H2517 Daily History Date Action INTERNET CRIMES AGAINST CHILDREN; FUND 1/28 from House jud with amend #4022. INTERNET CRIMES AGAINST CHILDREN; FUND 1/26 referred to House jud, appro. H2543: MUNICIPAL ELECTIONS; MAJORITY VOTE CALCULATION Establishes a formula for determining the majority of votes cast in municipal elections for the office of mayor or city council. If more candidates receive a majority of votes cast than there are seats to be filled for that office, the candidates who receive the highest number of votes shall be declared elected to that office. If no candidates or not enough candidates receive the majority of votes cast, the number of candidates who advance to the general or runoff election must be equal to twice the number of seats to be filled. First sponsor: Rep. Ugenti H2543 Daily History Date Action MUNICIPAL ELECTIONS; MAJORITY VOTE CALCULATION 2/2 from House elect do pass. MUNICIPAL ELECTIONS; MAJORITY VOTE CALCULATION 1/29 referred to House elect. H2558: MUNIS; PROPERTY SALE THRESHOLD; ELECTION The value of real property being sold by a municipality that triggers a special election for voter approval of the sale is increased to $1.5 million, from $500,000. First sponsor: Rep. Pratt Others: Rep. Finchem, Rep. Leach, Rep. Shope H2558 Daily History Date Action MUNIS; PROPERTY SALE THRESHOLD; ELECTION 1/29 referred to House county-muni. H2563: HEALTH FACILITIES; SUBSTANCE ABUSE RECOVERY For the purpose of statutes regulating health care institutions, the definition of “facilities” is expanded to include any residential property owned or operated by or affiliated with a health care institution even if services are not offered at those locations, and the definitions of certain services are expanded to include substance abuse recovery support. First sponsor: Rep. Campbell Others: Rep. Andrade, Sen. Begay, Rep. Bolding, Rep. Borrelli, Rep. Boyer, Rep. Cobb, Rep. Fann, Rep. Fernandez, Rep. Finchem, Rep. Hale, Rep. Lawrence, Rep. Meyer, Rep. Norgaard, Rep. Rios, Rep. Robson, Rep. Townsend, Rep. Wheeler H2563 Daily History Date Action No actions posted for this bill within the requested time frame. HCM2003: URGING CONGRESS; INCREASE CUSTOMS PERSONNEL The Legislature urges the U.S. Congress to increase and maintain staffing for Customs Field Office personnel at the ports of entry in Nogales, Douglas and San Luis, Arizona in order to speed the flow of goods and commerce. The Secretary of State is directed to transmit copies of this memorial to the President of the U.S. Senate, the Speaker of the U.S. House and each member of Congress from Arizona. First sponsor: Rep. Steele Others: Rep. Ackerley, Rep. J. Allen, Rep. Andrade, Rep. Barton, Rep. Benally, Rep. Bolding, file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report Rep. Bowers, Rep. Boyer, Rep. Campbell, Rep. Cardenas, Rep. Carter, Rep. Clark, Rep. Cobb, Rep. Coleman, Rep. Espinoza, Rep. Fann, Rep. Fernandez, Rep. Finchem, Rep. Friese, Rep. Gabaldon, Rep. Gonzales, Rep. Gray, Rep. Hale, Sen. Hobbs, Rep. Larkin, Rep. Lawrence, Rep. Leach, Rep. Mach, Rep. McCune Davis, Rep. Mendez, Rep. Mesnard, Rep. Meyer, Rep. Mitchell, Rep. Olson, Rep. Otondo, Rep. Petersen, Rep. Rios, Rep. Rivero, Rep. Robson, Rep. Saldate, Rep. Sherwood, Sen. Shooter, Rep. Shope, Rep. Stevens, Rep. Thorpe, Rep. Velasquez, Rep. Weninger, Rep. Wheeler HCM2003 Daily History Date Action No actions posted for this bill within the requested time frame. S1048: VEXATIOUS LITIGANTS; FEES; COSTS; DESIGNATION A party is permitted to make an amended request for the superior court to designate a pro se litigant a vexatious litigant if specified conditions are met. The court is prohibited from granting a waiver of court fees or costs for civil actions filed by a pro se litigant who has previously been declared a vexatious litigant. First sponsor: Sen. Kavanagh S1048 Daily History Date Action VEXATIOUS LITIGANTS; FEES; COSTS; DESIGNATION 1/27 from Senate rules okay. VEXATIOUS LITIGANTS; FEES; COSTS; DESIGNATION 1/22 from Senate jud with amend #4005. VEXATIOUS LITIGANTS; FEES; COSTS; DESIGNATION 1/13 referred to Senate jud. S1050: ANIMAL ABUSE; PROHIBITED ANIMAL OWNERSHIP A person who is convicted of specified animal cruelty related crimes is prohibited from adopting, owning or otherwise having care or custody of any animal in the person's household. Violations are a class 1 misdemeanor. Within 90 days after conviction of specified animal cruelty related crimes, the person must transfer all animals to another person who is not in the same household. After two years, the person may apply to the sentencing court to have their right to possess an animal restored, unless the person was convicted of a subsequent violation. First sponsor: Sen. Kavanagh S1050 Daily History Date Action ANIMAL ABUSE; PROHIBITED ANIMAL OWNERSHIP 1/13 referred to Senate jud, gov. S1055: EORP; HEALTH BENEFITS; RETIREMENT BENEFITS If a member of the Elected Officials’ Retirement Plan who is eligible for group health and accident coverage benefits forfeits his/her interest in the account before the termination of the plan, an amount equal to the amount of the forfeiture must be applied as soon as possible to reduce employer contributions to fund the benefits. Retroactive to May 16, 1990. Also, lump sum payments made for an increase in retirement benefits under specified conditions are no longer eligible for a direct rollover distribution. First sponsor: Sen. Lesko S1055 Daily History Date Action EORP; HEALTH BENEFITS; RETIREMENT BENEFITS 1/29 passed Senate 28-0; ready for House. EORP; HEALTH BENEFITS; RETIREMENT BENEFITS 1/27 from Senate rules okay. EORP; HEALTH BENEFITS; RETIREMENT BENEFITS 1/26 to Senate consent calendar. EORP; HEALTH BENEFITS; RETIREMENT BENEFITS 1/21 from Senate fin do pass. EORP; HEALTH BENEFITS; RETIREMENT BENEFITS 1/14 referred to Senate fin. S1057: PSPRS; HEALTH BENEFITS; RETIRMENT BENEFITS If a member of the Public Safety Personnel Retirement System who is eligible for group health and accident coverage benefits forfeits his/her interest in the account before the termination of the plan, an amount equal to the amount of the forfeiture must be applied as soon as possible to reduce employer contributions to fund the benefits. Retroactive to September 30, 1988. Also, lump sum payments made for an increase in retirement benefits under specified conditions are no longer eligible for a direct rollover distribution. file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] LOLA Print Report First sponsor: Sen. Lesko S1057 Daily History Date Action PSPRS; HEALTH BENEFITS; RETIRMENT BENEFITS 1/29 passed Senate 28-0; ready for House. PSPRS; HEALTH BENEFITS; RETIRMENT BENEFITS 1/27 from Senate rules okay. PSPRS; HEALTH BENEFITS; RETIRMENT BENEFITS 1/26 to Senate consent calendar. PSPRS; HEALTH BENEFITS; RETIRMENT BENEFITS 1/21 from Senate fin do pass. PSPRS; HEALTH BENEFITS; RETIRMENT BENEFITS 1/14 referred to Senate fin. S1108: TASK FORCE; GAS TAX REPLACEMENT Establishes a 24-member Highway User Fee Replacement Task Force to develop a design for revenue collection for the state's transportation system that will replace the motor fuel tax and use fuel tax. The Task Force is required to design pilot programs to be used to test alternative approaches by December 15, 2016. By October 1, 2017, the Department of Transportation is required to develop and implement pilot programs as directed by the Task Force to test alternatives to motor vehicle fuel taxes and use fuel taxes to pay for highway use. The Dept is authorized to use monies in the State Highway Fund to implement and support the Task Force and pilot programs. Effective September 1, 2015. Self-repeals October 1, 2025. First sponsor: Sen. Farley Others: Sen. Begay, Rep. Gabaldon, Sen. Hobbs, Rep. Sherwood, Rep. Steele S1108 Daily History Date Action TASK FORCE; GAS TAX REPLACEMENT 1/22 referred to Senate trans, appro, fin. S1183: IMPROVEMENT DIST; ENHANCED MUNICIPAL SVCS Improvement districts for enhanced municipal services are no longer required to be formed within a "designated area" (defined elsewhere in statute). First sponsor: Sen. Ward Others: Rep. Barton, Rep. Borrelli, Rep. Cobb, Sen. Dial, Rep. Fann, Rep. Gray, Rep. Shope S1183 Daily History Date Action IMPROVEMENT DIST; ENHANCED MUNICIPAL SVCS 1/26 referred to Senate fin ins. S1369: SPEED LIMITS; LOCAL AUTHORITIES; SIGNAGE On the request of an interested party, a local authority is permitted to determine the proper maximum speed and erect a speed limit sign for a street even if the street is not maintained by the local authority but is in the local authority’s jurisdiction. First sponsor: Sen. Griffin S1369 Daily History Date Action No actions posted for this bill within the requested time frame. SCM1013: RULEMAKING; ELECTRIC GENERATING UNITS; OPPOSITION The Legislature urges the U.S. Congress to oppose the implementation of rules for existing electric generating units that exceed the U.S. Environmental Protection Agency’s legal authority, and to exercise oversight over the EPA to ensure that the primary role of states in establishing rules under the Clean Air Act (CAA) is respected. The Legislature urges the Governor and the Attorney General to take appropriate actions to uphold the state’s responsibilities under the CAA and defend the state against overreaching regulations. The Secretary of State is directed to transmit copies of this memorial to the President of the U.S., the President of the U.S. Senate, the Speaker of the U.S. House, each member of Congress from Arizona, the EPA Administrator, the Governor and the Attorney General. First sponsor: Sen. Griffin Others: Sen. S. Allen, Sen. Burges, Rep. Cardenas, Sen. D. Farnsworth, Rep. Leach, Sen. Lesko, Sen. McGuire, Sen. Miranda, Rep. Pratt, Sen. Shooter, Sen. Ward SCM1013 Daily History file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] Date Action LOLA Print Report RULEMAKING; ELECTRIC GENERATING UNITS; OPPOSITION 2/2 Senate water-energy amended; report awaited. RULEMAKING; ELECTRIC GENERATING UNITS; OPPOSITION 2/2 referred to Senate water-energy. SCR1014: MILITARY BASES; EXPRESSING SUPPORT The members of the Legislature express their continued support for and acknowledge the extreme importance of Arizona’s military facilities. First sponsor: Sen. Griffin SCR1014 Daily History Date Action MILITARY BASES; EXPRESSING SUPPORT 2/2 referred to Senate pub-mil-tech. file:///H|/Everyone/Legislature/2015/Good-Bad%20bill.html[2/3/2015 11:15:54 AM] EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Agenda Item #6 Report from Budget Subcommittee Summary: Presentation from League Budget Subcommittee of preliminary FY 2015-16 League Budget and Adoption of FY16 Dues Responsible Person: Mayor Thomas Schoaf, Budget Subcommittee Chairman; Ken Strobeck Attachments: Preliminary FY 2015-16 League and Property Corporation Budgets Recommended FY 2015-16 League Dues Action Requested: Information/Discussion of budgets; Approval of FY 2016 Dues Schedule PRELIMINARY 2015-2016 League Budget REVENUES Affiliate Group Contracts Annual Conference Dues Executive Recruitment Interest Miscellaneous Property Corporation - Mgmt Fee Risk Pool Seminars and Meetings US Communities Purchasing Program Valley Schools Health Pool TOTAL REVENUES Budget FY 2015 136,200 Expected FY 2015 Over / (Under) PROPOSED FY 2016 136,200 0 350,000 457,092 107,092 1,818,423 1,749,423 6,000 5,000 14,000 --138,898 50,000 13,000 25,000 0 2,531 22,500 --140,666 29,546 10,952 25,000 (69,000) (6,000) (2,469) 8,500 --1,768 (20,454) (2,048) 0 % of % Total Change Budget 131,450 -3.5% 17.8% 375,000 7.1% 50.9% TBD Notes ACMA reduced contract by 7% beginning July 1, 2014. Range: $1,907,816 - $1,929,533 6,000 0.0% 2,500 -50.0% 14,000 0.0% --141,000 1.5% 30,000 -40.0% 12,000 -7.7% 25,000 0.0% 0.8% 0.3% 1.9% Received $9400 for APS Intern 19.1% ($35,313.73 quarterly) 4.1% 1.6% 3.4% $2,556,521 $2,573,910 $17,389 $736,950 -71.2% EXPENDITURES Annual Conference 220,000 277,550 57,550 220,000 0.0% 7.8% Benefits 525,000 527,385 2,385 596,000 13.5% 21.2% Capital Outlay Contingency Equipment Rental & Maintenance Executive Committee Executive Recruitment Insurance Postage & Shipping PR & Communications 20,000 10,000 25,000 12,000 3,000 7,600 4,000 110,000 18,900 0 19,400 10,875 0 7,520 4,368 66,330 (1,100) (10,000) (5,600) (1,125) (3,000) (80) 368 (43,670) 20,000 10,000 25,000 12,000 3,000 7,600 4,000 70,000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% -36.4% Printing Professional Services 10,000 162,000 10,260 126,990 260 (35,010) 10,000 162,000 0.0% 0.0% Accounting 42,000 41,875 (125) 42,000 5.8% 1.5% Includes audit & accountants Contract Lobbying & Consulting 80,000 55,200 (24,800) 80,000 2.8% Legal Rent Salaries 40,000 29,915 (10,085) 40,000 105,000 105,000 0 105,000 0.0% 1,255,000 1,257,375 2,375 1,361,500 8.5% 50,000 55,000 35,000 32,000 26,000 48,200 54,913 38,996 31,498 20,594 (1,800) (87) 3,996 (502) (5,406) 50,000 58,000 38,000 32,000 26,000 0.0% 5.5% 8.6% 0.0% 0.0% $2,666,600 $2,626,154 ($40,446) $2,810,100 5.4% Estimated 15% increase to UHC; estimate a 10% increase to dental. (Additional coverage for new position and FT General Counsel.) 0.7% 0.4% 0.9% 0.4% 0.1% 0.3% 0.1% 2.5% Includes Scutari & Ideas Collide 0.4% Includes directory, MPS, calendar & legis poster Includes Cathy & HighGround; additional lobbying contingency 1.4% 3.7% Additional position-Tax Policy 48.5% Analyst (Jan '14) & FT General Counsel (Jan '15) Seminars and Meetings Subscriptions and Dues Supplies / Office Expenses Telecommunications Travel TOTAL EXPENDITURES Revenues Over (Under) Expenditures ($110,079) ($52,244) $57,835 TBD Beginning Fund Balance $1,827,844 $1,827,844 $1,775,600 Ending Fund Balance $1,717,765 $1,775,600 $1,775,600 Total fund balance as of July 1, 2014 Total fund balance as of July 1, 2013 Total fund balance as of July 1, 2012 Total fund balance as of July 1, 2011 Total fund balance as of July 1, 2010 Total fund balance as of July 1, 2009 Total fund balance as of July 1, 2008 Total fund balance as of July 1, 2007 Total fund balance as of July 1, 2006 Total fund balance as of July 1, 2005 Total fund balance as of July 1, 2004 Ending Balance $1,827,844 $1,624,059 $1,458,676 $1,257,723 $1,311,436 $1,213,123 $1,000,197 $677,128 $485,033 $383,472 $406,717 FY 13-14 12-13 11-12 10-11 09-10 08-09 07-08 06-07 05-06 04-05 03-04 Rev over Exp $203,785 $165,383 $200,953 ($53,713) $98,313 $212,926 $323,069 $192,095 $101,561 ($23,245) ($11,936) 1.8% 2.1% 1.4% 1.1% 0.9% Range: ($165,334) - ($143,617) PRELIMINARY 2015-2016 Property Corporation Budget REVENUES Rental Income Interest Miscellaneous TOTAL REVENUES Budget FY 2015 Expected FY 2015 Over / (Under) 119,400 119,400 0 50 67 17 3,100 3,320 220 122,550 122,787 237 6,450 25,000 6,450 2,697 PROPOSED FY 2016 119,400 LACT: $105,000; Press: $14,400 50 3,100 AGC's 1/2 share of dumpster cost 122,550 EXPENDITURES Accounting and Auditing Capital Outlay Contingency Insurance Maintenance Services/Agreements Management Services 0 (22,303) 6,700 $4200 accountants; $2500 audit 25,000 replaced elevator door 0 0 0 0 4,900 5,039 139 5,050 32,000 32,085 85 33,000 0 0 5,000 4,771 Repairs and Maintenance 12,000 12,000 Utilities 36,000 35,000 (1,000) 36,000 121,350 98,042 (23,308) 122,550 $1,200 $24,745 $23,545 Beginning Fund Balance $83,073 $83,073 Ending Fund Balance $84,273 $107,818 Operating Expenses TOTAL EXPENDITURES Revenues Over (Under) Expenditures 0 (229) 0 0 4,800 League no longer pays Phx rental tax 12,000 $0 $107,818 $23,545 $107,818 PROPOSED FY 15-16 DUES Option C - 2014 Adjusted populations to the 2014 DES estimates; added 4% to caps; added 1¢ to per capita rates. Provides $112,393 increase to budget. CITY/TOWN WINKELMAN JEROME TUSAYAN* HAYDEN DUNCAN PATAGONIA FREDONIA TOMBSTONE MAMMOTH HUACHUCA CITY MIAMI GILA BEND SPRINGERVILLE KEARNY STAR VALLEY PIMA SUPERIOR WELLTON WILLIAMS PARKER CAREFREE ST. JOHNS WILLCOX QUARTZSITE DEWEY-HUMBOLDT CLARKDALE TAYLOR PINETOP-LAKESIDE CLIFTON COLORADO CITY EAGAR BENSON HOLBROOK THATCHER CAVE CREEK BISBEE SNOWFLAKE SOUTH TUCSON LITCHFIELD PARK GUADALUPE YOUNGTOWN WICKENBURG TOLLESON GLOBE PAGE WINSLOW SAFFORD SEDONA CHINO VALLEY CAMP VERDE SHOW LOW COTTONWOOD COOLIDGE PARADISE VALLEY SOMERTON PAYSON ELOY July 1, 2014 Population Estimates 353 444 579 661 840 953 1,324 1,344 1,451 1,810 1,826 1,960 1,971 1,989 2,321 2,479 2,869 3,083 3,129 3,199 3,453 3,475 3,674 3,801 3,910 4,102 4,178 4,340 4,459 4,800 4,909 5,027 5,067 5,113 5,354 5,394 5,697 5,751 5,893 6,084 6,415 6,602 6,777 7,525 7,582 9,672 9,734 10,176 10,844 10,925 10,958 11,402 12,027 13,457 15,499 15,551 16,531 $3,750 BASE $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 PER CAPITA $173 $218 $284 $324 $412 $467 $649 $659 $711 $887 $895 $960 $966 $975 $1,137 $1,215 $1,406 $1,511 $1,533 $1,568 $1,692 $1,703 $1,800 $1,862 $1,916 $2,010 $2,047 $2,127 $2,185 $2,352 $2,405 $2,463 $2,483 $2,505 $2,623 $2,643 $2,792 $2,818 $2,888 $2,981 $3,143 $3,235 $3,321 $3,687 $3,715 $4,739 $4,770 $4,986 $5,314 $5,353 $5,369 $5,587 $5,893 $6,594 $7,595 $7,620 $8,100 TOTAL DUES FY 15-16 $3,923 $3,968 $4,034 $4,074 $4,162 $4,217 $4,399 $4,409 $4,461 $4,637 $4,645 $4,710 $4,716 $4,725 $4,887 $4,965 $5,156 $5,261 $5,283 $5,318 $5,442 $5,453 $5,550 $5,612 $5,666 $5,760 $5,797 $5,877 $5,935 $6,102 $6,155 $6,213 $6,233 $6,255 $6,373 $6,393 $6,542 $6,568 $6,638 $6,731 $6,893 $6,985 $7,071 $7,437 $7,465 $8,489 $8,520 $8,736 $9,064 $9,103 $9,119 $9,337 $9,643 $10,344 $11,345 $11,370 $11,850 FY14-15 Dues $3,919 $3,963 $4,018 $4,068 $4,084 $4,188 $4,381 $4,412 $4,434 $4,639 $4,632 $4,673 $4,691 $4,686 $4,859 $4,896 $5,112 $5,133 $5,201 $5,230 $5,364 $5,420 $5,553 $5,515 $5,619 $5,717 $5,724 $5,805 $5,339 $6,064 $6,095 $6,200 $6,175 $6,085 $6,157 $6,426 $6,433 $6,463 $6,378 $6,401 $6,705 $6,804 $6,892 $7,365 $7,229 $8,384 $8,342 $8,565 $8,942 $8,969 $8,867 $9,157 $9,426 $9,904 $10,608 $11,094 $11,733 % Difference increase $4 0.09% $4 0.11% $16 0.39% $6 0.15% $78 1.90% $29 0.69% $18 0.41% -$4 -0.09% $27 0.60% -$3 -0.05% $13 0.28% $38 0.81% $25 0.52% $39 0.82% $28 0.59% $69 1.41% $44 0.86% $127 2.48% $82 1.58% $88 1.68% $78 1.45% $32 0.60% -$3 -0.06% $98 1.77% $47 0.83% $43 0.76% $73 1.28% $71 1.23% $596 11.16% $38 0.63% $61 0.99% $13 0.21% $57 0.93% $170 2.80% $216 3.51% -$33 -0.51% $108 1.68% $105 1.63% $259 4.06% $330 5.16% $188 2.81% $181 2.66% $179 2.60% $72 0.98% $237 3.27% $105 1.25% $178 2.13% $171 2.00% $121 1.36% $134 1.50% $253 2.85% $180 1.96% $217 2.30% $440 4.45% $737 6.95% $276 2.48% $117 1.00% PROPOSED FY 15-16 DUES Option C - 2014 Adjusted populations to the 2014 DES estimates; added 4% to caps; added 1¢ to per capita rates. Provides $112,393 increase to budget. CITY/TOWN DOUGLAS NOGALES FOUNTAIN HILLS FLORENCE SAHUARITA KINGMAN QUEEN CREEK EL MIRAGE SAN LUIS APACHE JUNCTION BULLHEAD CITY MARANA PRESCOTT VALLEY PRESCOTT ORO VALLEY SIERRA VISTA MARICOPA CASA GRANDE LAKE HAVASU CITY BUCKEYE FLAGSTAFF GOODYEAR AVONDALE YUMA SURPRISE PEORIA TEMPE SCOTTSDALE GLENDALE GILBERT CHANDLER MESA TUCSON PHOENIX July 1, 2014 Population Estimates 16,989 21,647 23,090 26,828 27,476 28,620 31,767 32,857 33,190 37,639 39,465 40,342 40,485 40,520 42,190 44,286 46,708 50,821 53,193 58,795 69,391 74,743 78,090 96,522 123,797 163,839 169,529 225,698 232,680 235,493 249,423 455,567 529,336 1,506,439 5,258,198 $3,750 BASE $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 PER CAPITA $8,325 $10,607 $11,314 $12,877 $13,188 $13,738 $15,248 $15,771 $15,931 $18,067 $18,943 $19,364 $19,433 $19,450 $20,251 $21,257 $22,420 $23,886 $25,001 $27,634 $32,614 $35,129 $36,702 $45,365 $56,947 $75,366 $77,983 TOTAL DUES FY 15-16 $12,075 $14,357 $15,064 $16,627 $16,938 $17,488 $18,998 $19,521 $19,681 $21,817 $22,693 $23,114 $23,183 $23,200 $24,001 $25,007 $26,170 $27,636 $28,751 $31,384 $36,364 $38,879 $40,452 $49,115 $60,697 $79,116 $81,733 $91,780 $91,780 $91,780 $91,780 $106,340 $106,340 $147,940 $1,907,816 FY14-15 % Dues Difference increase $12,091 -$17 -0.14% $13,752 $605 4.40% $14,545 $519 3.57% $15,752 $876 5.56% $15,622 $1,317 8.43% $16,942 $546 3.22% $16,140 $2,858 17.71% $18,695 $827 4.42% $15,737 $3,944 25.06% $20,595 $1,222 5.93% $22,334 $359 1.61% $20,182 $2,932 14.53% $21,996 $1,186 5.39% $22,476 $723 3.22% $23,025 $976 4.24% $24,377 $630 2.58% $24,187 $1,983 8.20% $26,578 $1,058 3.98% $27,912 $838 3.00% $27,153 $4,231 15.58% $34,050 $2,314 6.79% $33,777 $5,103 15.11% $38,819 $1,633 4.21% $46,559 $2,556 5.49% $56,633 $4,064 7.18% $73,079 $6,037 8.26% $76,524 $5,210 6.81% $88,250 $3,530 4.00% $88,250 $3,530 4.00% $88,250 $3,530 4.00% $88,250 $3,530 4.00% $102,250 $4,090 4.00% $102,250 $4,090 4.00% $119,250 $28,690 24.06% $1,795,423 $112,393 6.26% Current dues formula was adopted by the Executive Committee at their October 27, 2006 meeting. *For FY 09-10, the Executive Committee approved to keep dues at the same rate as 08-09. *For FY 10-11, the Executive Committee approved a 5% reduction to the 09-10 rate. *For FY 11-12, the Executive Committee approved a base increase to $3500; a per capita increase of .025; with dues figures calculated using the 2009 DES estimate figures; also increased the caps by ~3%. *For FY 12-13, the Executive Committee approved a base increase to $3750 with dues figures calculated using the 2010 census figures; also increased the caps by $250. *For FY 13-14, the Executive Committee approved to keep dues at the same rate as 12-13. *For FY 14-15, the Executive Committee approved to keep dues at the same rate as 12-13. PER CAPITA RATES 0 - 25,000 25,001 - 50,000 50,001 - 100,000 100,001 - 200,000 DUES CAP FORMULA Populations over 1.5 million Populations over 1 million Populations 400,000 - 999,999 Populations 200,000 - 399,999 FY09, FY10, FY11 .455 .445 .435 .425 FY09, FY10, FY11 $138,000 $115,000 $99,000 $85,000 FY12, FY13, FY14, FY15 .48 .47 .46 .45 FY12 $142,000 $119,000 $102,000 $88,000 FY16 .49 .48 .47 .46 FY13, FY14, FY15 $142,250 $119,250 $102,250 $88,250 FY16 $147,940 $124,020 $106,340 $91,780 PROPOSED FY 15-16 DUES Option A - 2014 Adjusted populations to the 2014 DES estimates; added 4% to caps and $150 to base; added 1.5¢ to per capita rates. Provides $134,111 increase to budget. CITY/TOWN WINKELMAN JEROME TUSAYAN* HAYDEN DUNCAN PATAGONIA FREDONIA TOMBSTONE MAMMOTH HUACHUCA CITY MIAMI GILA BEND SPRINGERVILLE KEARNY STAR VALLEY PIMA SUPERIOR WELLTON WILLIAMS PARKER CAREFREE ST. JOHNS WILLCOX QUARTZSITE DEWEY-HUMBOLDT CLARKDALE TAYLOR PINETOP-LAKESIDE CLIFTON COLORADO CITY EAGAR BENSON HOLBROOK THATCHER CAVE CREEK BISBEE SNOWFLAKE SOUTH TUCSON LITCHFIELD PARK GUADALUPE YOUNGTOWN WICKENBURG TOLLESON GLOBE PAGE WINSLOW SAFFORD SEDONA CHINO VALLEY CAMP VERDE SHOW LOW COTTONWOOD COOLIDGE PARADISE VALLEY SOMERTON PAYSON ELOY July 1, 2014 Population Estimates 353 444 579 661 840 953 1,324 1,344 1,451 1,810 1,826 1,960 1,971 1,989 2,321 2,479 2,869 3,083 3,129 3,199 3,453 3,475 3,674 3,801 3,910 4,102 4,178 4,340 4,459 4,800 4,909 5,027 5,067 5,113 5,354 5,394 5,697 5,751 5,893 6,084 6,415 6,602 6,777 7,525 7,582 9,672 9,734 10,176 10,844 10,925 10,958 11,402 12,027 13,457 15,499 15,551 16,531 $3,900 BASE $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 PER CAPITA $175 $220 $287 $327 $416 $472 $655 $665 $718 $896 $904 $970 $976 $985 $1,149 $1,227 $1,420 $1,526 $1,549 $1,584 $1,709 $1,720 $1,819 $1,881 $1,935 $2,030 $2,068 $2,148 $2,207 $2,376 $2,430 $2,488 $2,508 $2,531 $2,650 $2,670 $2,820 $2,847 $2,917 $3,012 $3,175 $3,268 $3,355 $3,725 $3,753 $4,788 $4,818 $5,037 $5,368 $5,408 $5,424 $5,644 $5,953 $6,661 $7,672 $7,698 $8,183 TOTAL DUES FY 15-16 $4,075 $4,120 $4,187 $4,227 $4,316 $4,372 $4,555 $4,565 $4,618 $4,796 $4,804 $4,870 $4,876 $4,885 $5,049 $5,127 $5,320 $5,426 $5,449 $5,484 $5,609 $5,620 $5,719 $5,781 $5,835 $5,930 $5,968 $6,048 $6,107 $6,276 $6,330 $6,388 $6,408 $6,431 $6,550 $6,570 $6,720 $6,747 $6,817 $6,912 $7,075 $7,168 $7,255 $7,625 $7,653 $8,688 $8,718 $8,937 $9,268 $9,308 $9,324 $9,544 $9,853 $10,561 $11,572 $11,598 $12,083 FY14-15 Dues $3,919 $3,963 $4,018 $4,068 $4,084 $4,188 $4,381 $4,412 $4,434 $4,639 $4,632 $4,673 $4,691 $4,686 $4,859 $4,896 $5,112 $5,133 $5,201 $5,230 $5,364 $5,420 $5,553 $5,515 $5,619 $5,717 $5,724 $5,805 $5,339 $6,064 $6,095 $6,200 $6,175 $6,085 $6,157 $6,426 $6,433 $6,463 $6,378 $6,401 $6,705 $6,804 $6,892 $7,365 $7,229 $8,384 $8,342 $8,565 $8,942 $8,969 $8,867 $9,157 $9,426 $9,904 $10,608 $11,094 $11,733 % Difference increase $155 3.96% $157 3.95% $169 4.20% $159 3.92% $232 5.67% $183 4.38% $175 3.99% $153 3.46% $184 4.14% $157 3.37% $172 3.72% $198 4.23% $184 3.93% $199 4.24% $190 3.91% $231 4.73% $208 4.08% $293 5.70% $248 4.76% $254 4.85% $245 4.57% $200 3.68% $165 2.98% $267 4.83% $216 3.85% $214 3.74% $244 4.27% $243 4.18% $768 14.38% $212 3.49% $235 3.86% $188 3.03% $233 3.77% $346 5.68% $393 6.38% $144 2.24% $287 4.46% $284 4.39% $439 6.88% $511 7.98% $371 5.53% $364 5.35% $363 5.27% $260 3.52% $425 5.87% $303 3.62% $377 4.52% $372 4.35% $326 3.64% $339 3.78% $457 5.16% $387 4.22% $427 4.53% $658 6.64% $964 9.09% $503 4.54% $350 2.98% PROPOSED FY 15-16 DUES Option A - 2014 Adjusted populations to the 2014 DES estimates; added 4% to caps and $150 to base; added 1.5¢ to per capita rates. Provides $134,111 increase to budget. CITY/TOWN DOUGLAS NOGALES FOUNTAIN HILLS FLORENCE SAHUARITA KINGMAN QUEEN CREEK EL MIRAGE SAN LUIS APACHE JUNCTION BULLHEAD CITY MARANA PRESCOTT VALLEY PRESCOTT ORO VALLEY SIERRA VISTA MARICOPA CASA GRANDE LAKE HAVASU CITY BUCKEYE FLAGSTAFF GOODYEAR AVONDALE YUMA SURPRISE PEORIA TEMPE SCOTTSDALE GLENDALE GILBERT CHANDLER MESA TUCSON PHOENIX July 1, 2014 Population Estimates 16,989 21,647 23,090 26,828 27,476 28,620 31,767 32,857 33,190 37,639 39,465 40,342 40,485 40,520 42,190 44,286 46,708 50,821 53,193 58,795 69,391 74,743 78,090 96,522 123,797 163,839 169,529 225,698 232,680 235,493 249,423 455,567 529,336 1,506,439 5,258,198 $3,900 BASE $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 $3,900 PER CAPITA $8,410 $10,715 $11,430 $13,012 $13,326 $13,881 $15,407 $15,936 $16,097 $18,255 $19,141 $19,566 $19,635 $19,652 $20,462 $21,479 $22,653 $24,140 $25,267 $27,928 $32,961 $35,503 $37,093 $45,848 $57,566 $76,185 $78,831 TOTAL DUES FY 15-16 $12,310 $14,615 $15,330 $16,912 $17,226 $17,781 $19,307 $19,836 $19,997 $22,155 $23,041 $23,466 $23,535 $23,552 $24,362 $25,379 $26,553 $28,040 $29,167 $31,828 $36,861 $39,403 $40,993 $49,748 $61,466 $80,085 $82,731 $91,780 $91,780 $91,780 $91,780 $106,340 $106,340 $147,940 $1,929,533 FY14-15 % Dues Difference increase $12,091 $218 1.80% $13,752 $864 6.28% $14,545 $785 5.40% $15,752 $1,160 7.36% $15,622 $1,604 10.27% $16,942 $839 4.95% $16,140 $3,167 19.62% $18,695 $1,141 6.10% $15,737 $4,260 27.07% $20,595 $1,560 7.58% $22,334 $707 3.16% $20,182 $3,284 16.27% $21,996 $1,539 7.00% $22,476 $1,076 4.79% $23,025 $1,337 5.81% $24,377 $1,001 4.11% $24,187 $2,367 9.79% $26,578 $1,462 5.50% $27,912 $1,254 4.49% $27,153 $4,675 17.22% $34,050 $2,811 8.25% $33,777 $5,626 16.66% $38,819 $2,173 5.60% $46,559 $3,189 6.85% $56,633 $4,833 8.53% $73,079 $7,006 9.59% $76,524 $6,207 8.11% $88,250 $3,530 4.00% $88,250 $3,530 4.00% $88,250 $3,530 4.00% $88,250 $3,530 4.00% $102,250 $4,090 4.00% $102,250 $4,090 4.00% $119,250 $28,690 24.06% $1,795,423 $134,111 7.47% Current dues formula was adopted by the Executive Committee at their October 27, 2006 meeting. *For FY 09-10, the Executive Committee approved to keep dues at the same rate as 08-09. *For FY 10-11, the Executive Committee approved a 5% reduction to the 09-10 rate. *For FY 11-12, the Executive Committee approved a base increase to $3500; a per capita increase of .025; with dues figures calculated using the 2009 DES estimate figures; also increased the caps by ~3%. *For FY 12-13, the Executive Committee approved a base increase to $3750 with dues figures calculated using the 2010 census figures; also increased the caps by $250. *For FY 13-14, the Executive Committee approved to keep dues at the same rate as 12-13. *For FY 14-15, the Executive Committee approved to keep dues at the same rate as 12-13. PER CAPITA RATES 0 - 25,000 25,001 - 50,000 50,001 - 100,000 100,001 - 200,000 DUES CAP FORMULA Populations over 1.5 million Populations over 1 million Populations 400,000 - 999,999 Populations 200,000 - 399,999 FY09, FY10, FY11 .455 .445 .435 .425 FY09, FY10, FY11 $138,000 $115,000 $99,000 $85,000 FY12, FY13, FY14, FY15 .48 .47 .46 .45 FY12 $142,000 $119,000 $102,000 $88,000 FY16 .495 .485 .478 .465 FY13, FY14, FY15 $142,250 $119,250 $102,250 $88,250 FY16 $147,940 $124,020 $106,340 $91,780 EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Agenda Item #7 PSPRS Task Force Update Summary: The League-sponsored PSPRS Task Force is doing a two-tier effort to assist employers in managing the costs of the PSPRS system. First, the Task Force is holding a series of workshops around the state to educate employers about steps they can legally take today to lower their PSPRS liability. Secondly, the Task Force has divided up into three subcommittees to develop the various components of the yardstick. There is a group looking at cost sharing, another on unfunded liabilities, etc., and another looking at COLAs. On March 6, the entire Task Force will meet to discuss the recommendations of each subcommittee. At that point, they expect to be in a position to then prepare a draft “yardstick” document to be used to evaluate any legislative proposal that is put forward. The initial draft is expected to be completed by March 20. Responsible Person: Scott McCarty, Chairman of PSPRS Employer Task Force Attachments: PSPRS Update report sent to legislators Schedule of PSPRS Employer Workshops PSPRS PowerPoint presentation January 20, 2015 Dear Arizona Senator/Representative, The state of Arizona's various retirement systems have a major impact on both local governments as well as the state. . The unfunded liabilities within our various plans put greater stress on budgets and greater pressure on our taxpayers. Undoubtedly, the topic of pension reform will carry through the halls of the Capitol this session. Therefore, I would like to take the opportunity to update you on the steps the League has taken to tackle this critical issue. With the problem of increasing contribution rates in the Public Safety Personnel Retirement System (PSPRS), which was only exacerbated by the decision in the Fields lawsuit, and the important role our first responders play in keeping our communities safe, the League is currently focusing just on PSPRS. On June 24, 2014, the League, in partnership with the Arizona City/County Management Association and the Government Finance Officers Association of Arizona formed a Pension Reform Task Force (PTF) to examine the Public Safety Personnel Retirement System (PSPRS) system. The PTF is reviewing all aspects of PSPRS to identify areas for improvement and make recommendations for reform. The PTF dedicated the remainder of 2014 to education, bringing in both local and national experts to discuss the various forms of public pensions outside of Arizona so that we can learn from their experience. The materials from those meetings can be found on the PTF website at www.leagueaz.org/pension. Currently, the PTF is working to help educate Arizona public employers about how they can impact their individual PSPRS accounts, and arm them with the tools to begin reducing their unfunded liability today. The unfunded liability is the main reason contribution amounts and rates are currently so high and there are specific actions employers can take to reduce some of those costs now, without legislative changes. To provide this education, the PTF has partnered with PSPRS to host a series of employer workshops across the state to discuss the most recent actuarial reports and the options available to employers in the wake of the Fields decision. Additionally, the PTF is developing a "best practices" document for employers that provides tips on evaluating the status of their individual plans and determining what steps they can take to address their concerns even without action from the Legislature or the PSPRS board. We believe it is important that employers get their house in order before turning to outside groups for assistance. I recognize that there are many individuals and groups keenly interested in pension reform and their ideas may very well be introduced this session. Rather than sit on the sidelines, the League has directed the Pension Task Force to create a “guiding principles” document for sound pension plan design. This "yardstick" can then be used as the tool to evaluate any proposed legislation regarding reform. If any group wishes, we will have the PTF evaluate their proposal against this "yardstick" and provide a response highlighting how it does, or does not, meet the needs of employers and employees as identified by the PTF. This process can serve as a starting point for potential collaboration on a unified pension reform proposal. This approach demonstrates our willingness to work with any interested party without unduly hindering our efforts to craft our own PSPRS reform proposal. After the "yardstick" is completed, the PTF will turn its labors towards developing reforms for the consideration of the League Executive Committee. The task force is working with a deadline of having legislation ready for the 2016 legislative session. Ideally, the PTF will have a product available for review at our League Annual Conference (August 18-21), affording time to gain input from additional sources and stakeholders. I hope this update gives you a better understanding regarding the League's approach to pension reform for this session. Please feel free to contact me if you have additional questions. Thank you. Ken Strobeck Executive Director The past, present and future of pension debt and what employers can do about it today Jared Smout from PSPRS will discuss the current state of PSPRS with regards to unfunded liability and the impact of recent court decisions. Jared will also unveil tools developed by PSPRS designed to aid employers in making decisions impacting their account. Scott McCarty will discuss options currently available to employers to help assess their own situation and the tools they can utilize to pay down their unfunded pension liabilities. Scott’s presentation will include discussion of a document being developed by the Task Force highlighting employer best practices for managing your individual PSPRS account. You can always get more information about PSPRS by heading to their website www.psprs.com and you can find out more about the work of the League’s Pension Task Force on their website, www.leagueaz.org/pension. Dates & Locations Monday, February 2, 2015 – Oro Valley Tuesday, February 10, 2015 – Yuma Monday, February 23, 2015 – Phoenix Tuesday, February 24, 2015 – Flagstaff Friday, February 27, 2015 – Show Low 1/30/2015 LEAGUE OF ARIZONA’S CITIES AND TOWNS: PENSION TASK FORCE UPDATE #2 Executive Committee Scott McCarty, Chair [email protected] 480-392-1711 F e b r u a r y 1 3 , 2 01 5 TASK FORCE APPROACH Phase 1 Information and Education (11/14/14 meeting) Phase 2 Employer Recommended Practices Phase 3 Characteristics of a Well-Designed Plan (A Yardstick) 2 Phase 1 3 1 1/30/2015 PHASE 1 MAJOR OBSERVATIONS 1. 2. 3. 4. 5. 6. Causes of Deteriorating Financial Condition Success is a Combined Responsibility Employers are Managing a Pension Plan “Know Your Numbers” Improve Employer Engagement Plan Changes that Effect Current Members are Legally Challengeable 4 Phase 2 5 PHASE 2 EMPLOYER RECOMMENDED PRACTICES Employers Can Improve Their Plan’s Financial Condition Today Without Waiting for Resolution of Pending Litigation or Legislative Changes 6 2 1/30/2015 RECOMMENDED PRACTICES ARE DESIGNED TO ANSWER T WO KEY QUESTIONS 1. What is the Financial Condition of My Plan? 2. How Can I Improve the Financial Condition of My Plan Now? Increase Assets Decrease Liabilities 7 EMPLOYER RECOMMENDED PRACTICES 1. 2. 3. 4. 5. 6. 7. Budget Contributions for DROP Members Prepay Your Budgeted Contribution Do Not Defer the Fields’ Case Review Local Board Practices Prepare a Comprehensive Study Payoff Unfunded Liability (Debt) Earlier Create a Pension Funding Policy 8 RECOMMENDATION #3: DO NOT DEFER THE FIELDS CASE PSPRS Board Adopted a Policy to Allow for a 3-Year Deferral Due to the Potential Financial Impact ER Decision Due by 3/1/15 Deferring Will Cost More In the End Model Created to Calculate Cost of Deferral Available on PSPRS and League’s Website 9 3 1/30/2015 RECOMMENDATION #3: DO NOT DEFER THE FIELDS CASE ( C O N T I N U E D ) Fields’ Case Deferral Decision Model 6/30/14 Unfunded Liability Cost of Deferral City of Tucson Police $466M $15M City of Tempe Police $146M $4M City of Chandler Fire $35M $1.4M City of Bisbee Fire $9.8M ~$270k 10 CIT Y OF TEMPE POLICE: $4M DIFFERENCE DEFERRING VS. NOT DEFERRING Annual Contribution (in millions) $13 $12 $11 $10 $11.1 $10.0 $9 $10.4 $10.9 $11.6 $11.3 $12.1 $11.7 $9.4 $8 $7 $7.9 $6 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 Years 11 CIT Y OF BISBEE FIRE: ~$270K DIFFERENCE DEFERRING VS. NOT DEFERRING $900,000 Annual Contribution $800,000 $700,000 $673,665 $600,000 $500,000 $700,612 $744,523 $728,636 $774,304 $757,782 $805,276 $788,093 $631,261 $540,297 $400,000 $300,000 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 12 4 1/30/2015 RECOMMENDATION #3: DO NOT DEFER THE FIELDS CASE (CONCLUDED) Reasons Not to Defer: 1. It’s Not About Fields…It’s a Correction 2. Another Increase Coming if Hall Case Upheld 3. Best to Offset Bad News Against Today’s Good Investment Earnings 4. Sooner is Better… Deferring Masks Your Plan’s True Financial Condition 5. Recommendation in Governor’s Budget 13 Phase 3 14 PHASE 3 DESIGN A WELL-STRUCTURED PLAN (A YARDSTICK) Goal Principles Plan Design Elements 15 5 1/30/2015 KEY QUESTIONS What should the Employee, Retiree, Employer, and Taxpayer get out of the System? How is this Accomplished? Type of Plan, Cost Sharing, Annual Pension Increase (PBI), etc. 16 GUIDING PRINCIPLES 1. Adequate and Affordable 2. Financially Solvent 3. Transparent and Accountable 17 KEY PLAN DESIGN ELEMENTS 1. 2. 3. 4. 5. 6. 7. Pension Amount Retirement Age COLA / PBI Cost / Risk Sharing Funded Status DROP Pooled Assets and Liabilities 8. Investment Strategies 9. Dedicated Revenues 10.Governance 11.Loan Program 12.Legal 13.Smoothing (Deferring) 14.Funding Policy 15.Healthcare 18 6 1/30/2015 USE THE MARKET CYCLE TO EVALUATE YOUR FUNDED STATUS 140% Market Cycle (Asset Value) Funded Status 120% 100% 80% 60% A B 40% 20% 0% 19 THE YARDSTICK Tool to Evaluate Reform Proposals Recommendation to League Executive Committee Fire/Police Associations Requested Task Force Formally Evaluate Their Proposal 20 STATEWIDE EDUCATIONAL MEETINGS February 2 Oro Valley February 10 Yuma February 23 Phoenix February 24 Flagstaff February 27 Show Low 21 7 1/30/2015 WHAT ARE EMPLOYERS DOING? Paradise Valley Completed Comprehensive Analysis Developing Pension Funding Policy Sierra Vista, Apache Junction Developing Comprehensive Report Youngtown Considering Payoff of Entire Unfunded Liability 22 Comments and Questions 23 8 EXECUTIVE COMMITTEE MEETING Friday, February 13, 2015 at 10:00 a.m. Agenda Item #8 NLC Congressional Cities Conference Report Summary: The National League of Cities Congressional Cities Conference will be in Washington DC, March 7-11. A group of approximately 80 Arizona delegates typically attend the conference. A joint meeting with Senators McCain and Flake is schedule for the Arizona group on Wednesday, March 11. Responsible Person: Ken Strobeck Attachments: NLC CCC Schedule of Events Schedule of Arizona-specific events at NLC Preliminary Conference Schedule and Travel Planner Main Conference Events: Monday, March 9– Tuesday, March 10 (note times are subject to change) Monday, March 9 7:30 a.m. – 9:00 a.m. Celebrate Diversity Breakfast* 9:00 a.m. – 10:30 a.m. Opening General Session 10:45 a.m. – 12:15 p.m. Concurrent Workshops 1:45 p.m. – 3:15 p.m. Concurrent Workshops 3:30 p.m. – 5:00 p.m. General Session 5:15 p.m. – 6:30 p.m. State League Caucuses and Receptions Constituency and Special Group Meetings/Events* Tuesday, March 10 8:45 a.m. – 10:15 a.m. Concurrent Workshops 10:30 a.m. – Noon Concurrent Workshops 12:30 p.m. – 2:00 p.m. General Session and Lunch 2:00 p.m. – 5:00 p.m. Delegates’ Pre-scheduled Capitol Hill Visits 5:15 p.m. – 6:30 p.m. State League Caucuses and Receptions 6:30 p.m. – 7:30 p.m. The Capitol Steps Wednesday, March 11 All-Day-Delegates’ Pre-scheduled Capitol Hill Visits Pre-conference Activities: Saturday, March 7 9:00 p.m. – 5:00 p.m. NLC University Seminars* 5:30 p.m. – 7:00 p.m. Constituency and Special Group Meetings/Events* Sunday, March 8 8:30 a.m. – Noon NLC Board of Directors Meeting NLC Advisory Council Meeting 9:00 a.m. – 5:00 p.m. NLC University Seminars* 1:30 p.m. – 4:00 p.m. Policy and Advocacy Committee Meetings/Events* 5:15 p.m. – 7:00 p.m. Constituency and Special Group Meetings 5:30 p.m. – 6:45 p.m. Orientation to NLC for First Time Attendees * Additional fees may apply 2015 NLC Congressional City Conference Washington, D.C., March 7-11 When you are in Washington D.C. for the NLC Congressional City Conference, please make plans to attend these two events planned specifically for Arizona conference delegates. 1. The League of Arizona Cities and Towns will host our annual Arizona Reception during the conference. All Arizona delegates, spouses and guests are invited to attend. The reception will take place: Monday, March 9, 2015 5:30 p.m. to 7:00 p.m. Marriott Wardman Park Hotel Room: Thurgood Marshall South 2. U.S. Senators John McCain and Jeff Flake will also host our traditional Q&A session for AZ delegates during the conference. The meeting will take place: Wednesday, March 11, 2015 8:00 a.m. to 9:30 a.m. Russell Senate Office Building, SR – 236 There will be light refreshments available at this meeting. If you have specific topics you want to discuss at the meeting with our senators, please let Ken Strobeck know in advance at [email protected] so he may brief their staff. Please Note: If you are planning to set up city or individual meetings with your congressman, we suggest you do so right away. Their schedules are always very full. Because they are sometimes traveling during these dates, many cities have found a meeting with congressional staff very productive. Ken Strobeck from the League will be attending the conference. If you need to reach him at any time you may call him or text him on his cell phone at (602) 501-4989. Additional Informational Materials Not Part of the Agenda League Budget Report Property Corporation Budget Report ARTICLE: George Miller, Tucson mayor in 1990s, dies ARTICLE: No traffic-ticket quotas? Sounds nice, but bad idea League of Arizona Cities & Towns FY 2014-2015 Budget vs. Actual July through December 2014 Jul - Dec 14 Ordinary Income/Expense Income 4057 · Valley Schools Health Pool 4000 · Affiliate Group Contribution 4005 · Annual Conference 4010 · Dues 4012 · Executive Recruitment Income 4020 · Miscellaneous 4030 · Risk Pool 4035 · Seminars & Meetings 4040 · Interest Income 4055 · US Communities Purchasing Prog Total Income Expense 5005 · Annual Conference (Expense) 5010 · Benefits 5015 · Capital Outlay 5025 · Contingency 5030 · Equipment Rental & Maintenance 5035 · Executive Committee 5043 · Executive Recruitment 5050 · Insurance 5055 · Postage & Shipping 5057 · PR & Communications 5060 · Printing 5065 · Professional Services 5065-1 · Accounting Services 5065-3 · Legal Services 5065-2 · Contract Lobbying & Consulti... Total 5065 · Professional Services 5070 · Rent 5071 · Salaries 5075 · Seminars and Meetings 5085 · Subscriptions & Dues 5090 · Supplies 5095 · Telecommunications 5100 · Travel Total Expense Net Ordinary Income Net Income Budget $ Over Budget % of Budget 0.00 54,770.84 457,091.90 1,749,420.00 0.00 16,868.38 70,038.47 12,485.84 1,478.92 3,951.82 25,000.00 136,200.00 350,000.00 1,818,423.00 6,000.00 14,000.00 138,898.00 50,000.00 5,000.00 13,000.00 -25,000.00 -81,429.16 107,091.90 -69,003.00 -6,000.00 2,868.38 -68,859.53 -37,514.16 -3,521.08 -9,048.18 0.0% 40.2% 130.6% 96.2% 0.0% 120.5% 50.4% 25.0% 29.6% 30.4% 2,366,106.17 2,556,521.00 -190,414.83 92.6% 277,550.43 260,151.52 8,009.68 0.00 8,981.31 3,699.17 0.00 3,819.76 3,346.62 28,330.95 1,792.36 220,000.00 525,000.00 20,000.00 10,000.00 25,000.00 12,000.00 3,000.00 7,600.00 4,000.00 110,000.00 10,000.00 57,550.43 -264,848.48 -11,990.32 -10,000.00 -16,018.69 -8,300.83 -3,000.00 -3,780.24 -653.38 -81,669.05 -8,207.64 126.2% 49.6% 40.0% 0.0% 35.9% 30.8% 0.0% 50.3% 83.7% 25.8% 17.9% 23,790.70 24,164.88 22,599.96 42,000.00 40,000.00 80,000.00 -18,209.30 -15,835.12 -57,400.04 56.6% 60.4% 28.2% 70,555.54 162,000.00 -91,444.46 43.6% 52,500.00 588,391.42 4,132.45 41,168.72 15,951.51 17,040.53 8,002.47 105,000.00 1,255,000.00 50,000.00 55,000.00 35,000.00 32,000.00 26,000.00 -52,500.00 -666,608.58 -45,867.55 -13,831.28 -19,048.49 -14,959.47 -17,997.53 50.0% 46.9% 8.3% 74.9% 45.6% 53.3% 30.8% 1,393,424.44 2,666,600.00 -1,273,175.56 52.3% 972,681.73 -110,079.00 1,082,760.73 -883.6% 972,681.73 -110,079.00 1,082,760.73 -883.6% Property Corporation FY 2014-2015 Budget vs. Actual July through December 2014 Jul - Dec 14 Ordinary Income/Expense Income 4000 · Rental Income 4005 · Miscellaneous 4010 · Interest Budget $ Over Budget % of Budget 66,043.20 0.00 28.54 119,400.00 3,100.00 50.00 -53,356.80 -3,100.00 -21.46 55.3% 0.0% 57.1% Total Income 66,071.74 122,550.00 -56,478.26 53.9% Expense 5000 · Maintenance Services/Agreements 5015 · Utilities 5020 · Repairs and Maintenance 5025 · Operating Expenses 5030 · Accounting and Auditing 5035 · Insurance 5040 · Capital Outlay 17,779.10 16,765.74 2,204.09 2,681.72 4,000.00 2,519.74 2,697.06 32,000.00 36,000.00 12,000.00 5,000.00 6,450.00 4,900.00 25,000.00 -14,220.90 -19,234.26 -9,795.91 -2,318.28 -2,450.00 -2,380.26 -22,302.94 55.6% 46.6% 18.4% 53.6% 62.0% 51.4% 10.8% Total Expense 48,647.45 121,350.00 -72,702.55 40.1% 17,424.29 1,200.00 16,224.29 1,452.0% 17,424.29 1,200.00 16,224.29 1,452.0% Net Ordinary Income Net Income George Miller, Tucson mayor in 1990s, dies DECEMBER 25, 2014 8:00 PM • BY TIFFANY KJOS ARIZONA DAILY STAR Former Tucson Mayor George Miller died minutes after midnight Christmas morning at 92. “There was no greater advocate for peace on earth and good will towards men,” his stepson, Gene Einfrank, said via email. Miller died at 12:15 a.m. at a nursing home here, Einfrank said. “He was sharp as a tack all the way to the end. He just had a body that was failing. He always loved to tell jokes, and he told jokes to the very end.” Miller, a Democrat, served more than two decades at City Hall. He spent 14 years as a city councilman and eight years as mayor. He retired in 1999. The family will have a small private gathering today and is planning a larger community event in the next couple of weeks. “George was a really kind man who cared enormously about social conditions, both in the community around him and nationally,” said Tom Volgy, who was elected to the City Council along with Miller in 1977, and later became mayor. Miller took over as mayor in 1991. “He dedicated a very large part of his adult life dealing with social-justice issues. He did so on the council and he did so as an activist before the City Council,” Volgy said. “He was involved in one of the first sit-ins in the late ’50s and early ’60s in Tucson on the lunch counters when they were racially segregated. It was a kind of orientation to life that carried with him all the time.” Although in private Miller demonstrated his sense of humor, “in the public he was always business,” Volgy said, “He took his job very seriously.” And it was a serious time, with many challenges, Volgy said. “It was a period of ups and downs in the economy. He and I came into the office recognizing there was an enormous amount of poverty in Tucson and that we needed to work to deal with that.” Ward 4 Councilwoman Shirley Scott served with Miller for eight years on the City Council, she said. “He invited homeless people up to his office to talk to him about their needs. … He really did care about the issues and the people.” Miller pushed to create JobPath, a program that helps low-income workers learn and refine skills. And he served as a kind of mentor to everyone from Volgy to current Mayor Jonathan Rothschild. “I’ve known George for close to my whole life. In the last few years, I would upon occasion go to him for not so much advice as perspective,” said Rothschild, who last met with Miller about six weeks ago. “His mind was as strong as ever. And we just talked about the perspective of representing a city — the relationships with your council people, your citizens and doing the best for the community as a whole. And that was a passion that George had until his final days. “George’s obvious legacy was one of service to the community and, again, guiding the city through a time of great change, from the late 1970s to practically 2000. His last real strong political act was helping create the Rio Nuevo district,” Rothschild continued, referring to what some view as a bungled opportunity for the city but is now showing signs of success. “He obviously expressed some dissatisfaction in what occurred over the years of the district, but I think he was hopeful over the last few years that we were regaining the spirit of what he was hoping would be achieved, which was a downtown revitalization,” Rothschild said. Miller’s family provided a list of his achievements, which as a councilman included passing legislation prohibiting smoking in restaurants, hiring magistrates based on merit, establishing a sign code and developing Kidco after-school programs. He advocated for the creation of the Domestic Violence Commission and the GLBT Commission and forged an intergovernmental agreement with the Tucson Unified School District allowing for the purchase of land for a new Drachman school. Miller was born in Detroit. He moved to Tucson in 1939, where he attended Tucson High during his senior year but graduated after summer school in Detroit, according to his family. He returned to Tucson for its climate and attended the University of Arizona until World War II, when he joined the Marine Corps. In the Battle of Saipan, he was wounded and awarded the Purple Heart. After the war, he earned both his bachelor’s degree and master’s in education at the UA. Miller practice-taught at Tucson High in 1947, then taught summer school classes in American history and American problems. He taught social studies in the Amphitheater Public Schools district, then returned to Michigan. While there he refused to testify before the House Un-American Activities Committee during the McCarthy era and was forced to leave teaching. He became a painting contractor, operating a business for 31 years. From 2000 to 2010, Miller taught history and government at Pima Community College. Later, as a volunteer, he taught citizen-preparation classes through the Pima County Adult Education program. In addition to the Purple Heart, Miller earned many awards, including the UA Alumni Association Distinguished Citizen Award (1993), the Tucson Urban League’s Whitney Young Humanitarian Award (2000) and the ACLU Civil Libertarian Award (2000). The MillerGolf Links Library is named after him, and he was a Father of the Year Honoree in 1995. He is survived by his wife, Roslyn, and their eight children, 12 grandchildren and five greatgrandchildren. Miller's public life 1953: Miller is called before U.S. Sen. Joseph McCarthy's House Un-American Activities Committee to explain why he refused to sign a loyalty oath required to keep his teaching job. He refused to testify, ending his teaching career. 1963: Miller joins pickets in a 10-day NAACP protest at the Pickwick Inn, one of Tucson's last segregated restaurants. The demonstration forced the southside eatery to open its doors to all races and prompted the city to enact laws desegregating the remaining white-only businesses. 1977: Miller is elected to the first of four terms on the City Council. 1978: The newly seated councilman sues the city to block the city's takeover of Old Pueblo Rapid Transit and the creation of a single consolidated bus service for the metropolitan area. 1981: Miller and other council members are charged with criminal violations of the state Open Meetings Law after going into an unannounced closed session where they threatened to fire the police chief and deputy police chief over remarks they made in an Arizona Daily Star story. The remarks were based on racial incidents at what is now Reid Park. They were acquitted. 1991: Miller steps down in the middle of his fourth council term to run his first successful campaign for mayor. 1992: Hughes Aircraft (now Raytheon) announces the first of several moves that result in thousands of jobs being shifted from California to Tucson. Miller was a leader in the Hughes recruitment. 1993: Central Arizona Project water, which the city started delivering in late 1992, starts corroding water mains. Miller had been an advocate of bringing Colorado River water to Tucson. The smelly, brown water delivered to many homes was undrinkable, damaged appliances and plumbing, and led to voter approval of an initiative restricting the use of CAP water in 1995. 1995: Miller spearheads the adoption of a hate-crimes law, making Tucson the first city in Arizona and one of the first in the country to have such a law. 1995: Miller is elected to a second term as mayor. 1999: After 22 years in public office, Miller announces he won't seek another term. Source: Star archives No traffic-ticket quotas? Sounds nice, but bad idea Editorial board, The Republic | azcentral.com 3:35 p.m. MST January 27, 2015 Our View: We all hate traffic tickets. But a quota ban usurps local control. And don't lawmakers say they hate that? There must be a lot of lead-footed red-light runners in the House County and Municipal Affairs Committee. Or maybe committee members are big-time boosters of government meddling in local affairs. On Monday, Republicans and Democrats gave unanimous approval to House Bill 2410 (http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HB2410&Session_ID=114), a bill that would prohibit municipalities and police departments from instituting quotas for traffic tickets. It would also forbid judging (Photo: The Republic) cops based on how many tickets they write. A welcome relief for the rule-challenged driver. RELATED: Police union calls for end to quotas (http://tucson.com/news/blogs/police-beat/police-union-calls-for-elimination-of-traffic-ticketquota/article_2cde50a7-10a0-5e18-8908-7335510ce811.html) OK. OK. There can be pressure for police to write citations. In June, the Tucson Police Department imposed a quota of one ticket per day. One. If you've driven in Tucson lately, you know a traffic cop would have to be unconscious not to see at least one infraction per hour, let alone one per day. Besides, Tucson Police Chief Roberto Villasenor subsequently backed off, requiring one "traffic contact" per day. He decided a good talking to can sometimes get the job done. Which brings up a question you might miss if you go by at 100 mph: Whose job is this? Police departments deserve the autonomy to handle traffic in local communities. Sierra Vista Republican Rep. David Stevens' bill (http://tucson.com/news/local/crime/arizona-bill-would-outlaw-police-traffic-ticketquotas/article_d6bf8125-aec6-5e2e-ad0d-4ab16b181d4c.html) takes away a tool that police chiefs might need and local communities might want. We suspect the rare show of bipartisan support for this bill springs from a deep and lingering grudge over some undeserved (aren't they all?) citation. But a shared sense of ticket victimhood is no reason to micromanage municipalities. RELATED: Chandler scales back motorcycle enforcers (/story/news/local/chandler/2015/01/21/chandler-police-motorcycles-duienforcement/22108801/) Whenever Uncle Sam tries to impose rules on the states, lawmakers are ready with homilies about local control. The same goes for the state's relationship with local law enforcement. Unless there is some egregious problem — which has not been demonstrated — traffic tickets are none of the Legislature's business. So, c'mon, lawmakers: Focus on state issues. And drive safely. 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