Arizona Bill of Sale Form for Mobile Home

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					                                  Arizona Planning Association
                                Legislative Update - May 18, 2007



APA: Posted Calendars and Committee Hearings
H2638: ENERGY PLANS; COUNTIES & M UNICIPALITIES
Calendar:5/21 Senate Third Reading
S1313: ACCOMMODATION SCHOOLS; BOARD
Calendar:5/21 Senate Final Reading
S1570: WATER; CRITICAL AREA STUDY COMM ITTEE
Calendar:5/21 House COW
APA: Bill Summaries
H2067: CRITICAL INFRASTRUCTURE INFO; PENALTY (TECH CORRECTION; CONSTABLES)


A government employee who divulges critical infrastructure information that is maintained by the Dept of Public
Safety is guilty of a class 5 felony. The definition of critical infrastructure information is changed in statute to refer
to information related to the security of critical infrastructure (separately defined) or protected systems regarding an
attack or defense against an attack. AS PASSED SENATE.

First sponsor: Rep. Nelson
H2067: CRITICAL INFRASTRUCTURE INFO; PENALTY 5/17 House concurred in Senate amendments and
                                                  passed on final reading 47-0; ready for
                                                  governor.



H2091: SPECIAL DISTRICTS; BOUNDARY CHANGES; LOT SPLITS (PARCEL SPLITS; ANNEXATIONS &
TAXING DISTRICTS)


Boundaries for special taxing districts submitted after November 1, 2007, may not result in split parcels. AS
SIGNED BY GOVERNOR.

First sponsor: Rep. Nelson
H2091: SPECIAL DISTRICTS; BOUNDARY CHANGES; LOT SPLITS 4/10 signed by governor. Chap. 8, Laws
                                                            2007.



H2152: DRIVER LICEN SES; PERM ITS; M INORS


M inors may apply for a driver license permit when they are 15 years and 6 months old, instead of 15 years and 7
months. The licensed driver who accompanies a permit holder must be at least 21 years old. The number of hours of
supervised driving practice a permit holder must complete, in lieu of a driver‟s education course, before receiving a
license is increased.

First sponsor: Rep. Biggs
H2152: DRIVER LICEN SES; PERM ITS; M INORS 2/15 from House trans with amend #3413.




                                                              1
H2207: PROPERTY TAX COLLECTION; LOT SPLITS


The county treasurer may allocate tax liens among parties when there has been a lot split or consolidation after
September 30 of the valuation year and all other means to allocate the tax have been exhausted. The option for a
county treasurer to extend for a second year the due date on delinquent taxes on a mobile home that accrued under a
previous owner is eliminated, and no extension may be granted to taxes due on a permanently affixed mobile
home. Also, the list as prepared by the county treasurer of outstanding delinquent unsecured personal property taxes
on mobile homes may use the taxpayer identification number as a unique identifier rather than the tax roll ID
number. AS PASSED SENATE.

First sponsor: Rep. Konopnicki
Others: Rep. Brown, Rep. M ason, Sen. Flake, Sen. Tibshraeny, Sen. Waring
H2207: PROPERTY TAX COLLECTION; LOT SPLITS 4/24 signed by governor. Chap. 117, Laws 2007.



H2252: STATE PLUM BING CODE; MUNICIPALITIES


Eliminates statutory references to the state plumbing code. The prohibition against municipalities adopting a
plumbing code other than the state plumbing code (41-619) is repealed. AS SIGNED BY GOVERNOR.

First sponsor: Rep. M cComish
Others: Rep. Konopnicki, Rep. M eza, Rep. Reagan
H2252: STATE PLUM BING CODE; MUNICIPALITIES 4/10 signed by governor. Chap. 15, Laws 2007.



H2312: AIR QUALITY HEARING; NOTICE


The advance notice that the Department of Environmental Quality must provide before a public hearing can be held
on an air quality rule is increased to 30 days from 20 days.

First sponsor: Rep. Barnes
H2312: AIR QUALITY HEARING; NOTICE 3/29 from Senate nat res-rural with amend #4077.



H2321: WATER; ADEQUATE SUPPLY; M UNICIPALITIES


In areas outside active management areas, municipalities may satisfy the requirement to demonstrate adequate water
supply for a new development by committing to provide water service through a contract for Colorado River water.

First sponsor: Rep. M cLain
Others: Rep. Crump, Rep. Groe, Rep. M ason, Rep. M cClure, Rep. Nelson, Rep. Tobin
H2321: WATER; ADEQUATE SUPPLY; M UNICIPALITIES 4/16 signed by governor. Chap. 75, Laws 2007.



H2369: MUNICIPAL SIGN CODE; SIGN WALKERS (COUNTY EM ERGENCY SERVICES; PERM IT
MORATORIUM)




                                                           2
Notwithstanding the authority granted to municipalities to issue ordinances regulating signs and signage within their
boundaries, cities and towns would have been required to issue permits to sign walkers and to assess a fee not to
exceed $25 for a permit for up to 10 walkers for 30 days. Violators would have been fined up to $150 per sign
walker. Permit and fine proceeds were to have been deposited in a beautification enhancement naturalization fund to
be created in all municipalities. Uses of the fund would have been limited to litter removal and the planting of native
flora. An annual report from the League of Arizona Cities and Towns would have been required on cleanup efforts
and plantings. GOVERNOR'S VETO M ESSAGE said the bill is overly broad, forcing every city regardless of
size or traffic flow patterns to license a minimum of 10 sign walkers. M unicipal leaders, who are most familiar with
their community's roads and traffic accident history, must retain the regulatory flexibility to ensure the safety of their
residents.

First sponsor: Rep. Robson
H2369: MUNICIPAL SIGN CODE; SIGN WALKERS 4/16 VETOED message



H2391: ALCOHOLIC BEVERAGES; OM NIBUS


Various changes to statutes regarding liquor licenses and regulations, including providing for early expiration of
unused restaurant licenses, allowing producer license holders to sell distilled spirits they produce, allowing liquor
licensees to include a separate non-contiguous patio as part of their premises, prohibiting the Dept of Liquor
Licenses from issuing restaurant licenses to a person who surrendered a license for ceasing to operate as a restaurant
until 12 months after the surrender, and requiring the Dept to use generally accepted accounting principles for
audits. Licensees and their employees who question whether a person purchasing liquor is under the legal drinking
age must demand identification, and must examine the identification to determine whether it appears to be valid, the
photograph appears to be the same person, and the date of birth indicates the person is not under the legal drinking
age (in addition to current requirement of recording identification information). Licensees and their employees are
not required to request identification from a person for second or subsequent purchases during one visit to the
premises if identification was already recorded. It is a class 1 misdemeanor for a doorperson to knowingly admit an
underage person into a liquor establishment. In addition to other penalties, the court may suspend the driver license
of a minor convicted of underage possession or consumption of liquor for up to 180 days. AS PASSED SENATE.

First sponsor: Rep. Crandall
Others: Rep. Adams, Rep. Clark, Rep. Konopnicki, Rep. Reagan
H2391: ALCOHOLIC BEVERAGES; OM NIBUS 5/8 signed by governor. Chap. 187, Laws 2007.



H2440: IRRIGATION DISTRICTS; ACREAGE VOTING


M aricopa County irrigation districts in which the majority of acreage in the district is used for other than agricultural
purposes may use an acreage voting system in district elections. The system provides that each qualified elector is
entitled to the number of votes equal to the number of acres owned, to a maximum of 1,280 votes. AS PASSED
HOUSE.

First sponsor: Rep. Adams
Others: Rep. Anderson, Rep. Crandall, Sen. Chuck Gray
H2440: IRRIGATION DISTRICTS; ACREAGE VOTING 4/20 signed by governor. Chap. 105, Laws 2007.



H2477: MUNICIPAL CODES; ADOPTION


Within one year from the effective date of this act, all municipalities must adopt the 2006 edition of various building
codes, including the International Building Code, the National Electrical Code, the Uniform Plumbing Code, the
Uniform M echanical Code and the International Residential Code. M unicipalities may amend these codes only for



                                                             3
reasons of life, safety, health or regional conditions or if amendment is more restrictive than the code provision.
M unicipalities are subject to civil cause of action for failing to comply.

First sponsor: Rep. Adams
H2477: MUNICIPAL CODES; ADOPTION 2/8 referred to House gov.



H2482: SPECIAL DISTRICTS; SANITARY; REORGANIZATION


Changes in statutes governing the conversion of a sanitary district having an area of less than 160 acres from one
governed by the county board of supervisors to one with its own governing board or the reorganization of a district
with a 3-member governing board to a 5-member board. Ballot question format and public notice requirements are
stipulated. Official canvas of the vote must happen within 20 days (previously, 14 days) of the election. Prohibition
against a district calling an election more than once every two years to convert from governance by the county board
of supervisors to an elected board is deleted. AS PASSED HOUSE.

First sponsor: Rep. M ason
Others: Rep. Brown, Rep. Burns, Rep. Konopnicki, Rep. Tobin, Sen. O'Halleran
H2482: SPECIAL DISTRICTS; SANITARY; REORGANIZATION 4/16 signed by governor. Chap. 80, Laws
                                                        2007.



H2484: WELL IM PACTS; CONTAM INATION


The Dept of Water Resources is authorized to disapprove of an application to drill a new well if the dept determines
the well will likely cause migration of contaminated groundwater from a remedial site to another well. The Dept has
45 days to approve or deny the application. Exemptions are provided for deepening existing wells or for drilling a
replacement well in approximately the same location. Enactment conditional on resolving conflicts between two
enacted versions of ARS 45-596. [Note: this was accomplished by H2485 which was enacted as Laws 2007; Chap ter
91.] AS PASSED SENATE.

First sponsor: Rep. M ason
Others: Rep. Adams, Rep. Bradley, Rep. Burns, Rep. Tobin
H2484: WELL IM PACTS; CONTAM INATION 5/14 signed by governor. Chap. 209, Laws 2007.



H2485: WELLS; COLORADO RIVER WATER (WELLS; COLORADO RIVER ; SANTA CRUZ AMA)


Effective 30 days after final regulations for administering entitlements to Colorado River water are published in the
Federal Register, those who apply to drill a well that will pump Colorado River water must include proof the person
has a right to to the water. Some exceptions for low volume wells.

First sponsor: Rep. M ason
Others: Rep. Bradley, Rep. Burns, Rep. Konopnicki, Rep. Tobin
H2485: WELLS; COLORADO RIVER WATER 4/18 signed by governor. Chap. 91, Laws 2007.



H2486: SPECIAL DISTRICTS; ROAD IM PROVEM ENT


The list of special taxing districts is expanded to include Road Improvement and M aintenance Districts that may be



                                                            4
formed to improve and maintain one or more roads to less than county standard. [Capitol Reports note: Road
improvement districts that are currently authorized require roads to be built to a higher county standard that is more
expensive.] AS PASSED SENATE.

First sponsor: Rep. M ason
Others: Rep. Brown, Rep. Burns, Rep. Hershberger, Rep. Konopnicki, Rep. Tobin, Sen. O'Halleran, Sen. Verschoor
H2486: SPECIAL DISTRICTS; ROAD IM PROVEM ENT 4/26 passed Senate 22-6; ready for House action on
                                                  Senate amendments.



H2488: GROUNDWATER TRANSFERS; DROUGHT EM ERGENCY


Various provisions are added as session law (no changes to current statutes regarding interim water use for "true
emergencies." Retroactive to M ay 1, 2007. Self repeals April 30, 2008.

First sponsor: Rep. M ason
Others: Rep. Adams, Rep. Alvarez, Rep. Anderson, Rep. Barto, Rep. Bradley, Rep. Brown, Rep. Burns, Rep. Clark,
Rep. Groe, Rep. Hershberger, Rep. Konopnicki, Rep. Lujan, Rep. M cClure, Rep. M eza, Rep. M iranda, Rep.
Prezelski, Rep. Sinema, Rep. Tobin, Sen. O'Halleran
H2488: GROUNDWATER TRANSFERS; DROUGHT EM ERGENCY 5/1 signed by governor. Chap. 149, Laws
                                                     2007.



H2515: HEARING AID DISPENSERS; CONTINUING EDUCATION


The minimum amount of continuing education that hearing-aid dispensers must complete to renew their
annual license is increased to 12 hours per year from 8 hours. Continuing education for audiologists and speech
language pathologists is increased to 10 hours per year from 8 hours. Courses sponsored by a single hearing aid
manufacturer may not be used to satisfy more then 4 hours of the CE requirement. AS PASSED HOUSE.

First sponsor: Rep. M urphy
Others: Rep. Stump, Sen. Allen
H2515: HEARING AID DISPENSERS; CONTINUING EDUCATION 4/5 retained on Senate COW calendar.



H2569: HIGHWAY EXPANSION FUND; GROWTH CITIES


In each fiscal year until fiscal 2011-12, $20 million dollars of the Highway Expansion and Extension Loan Program
Fund shall be used for street improvements in cities with a population growth of at least 50% in the preceding 5
years. "Street improvement" is defined as a major arterial that is included either in the local government's
transportation plan or the transportation improvement plan of the regional association of governments. AS PASSED
HOUSE.

First sponsor: Rep. Biggs
H2569: HIGHWAY EXPANSION FUND; GROWTH CITIES 3/7 referred to Senate trans, appro.



H2570: RAILROAD RIGHT-OF-WAY ACQUISITION


Repeals a provision of Laws 2002, Chapter 328 (a public finance BRB) that transferred $650,000 of vehicle license



                                                            5
tax revenue to purchase a 78-mile railroad right-of-way from Phoenix to Wellton. Those monies have remained
unused and now revert to the State Highway Fund. Appropriates $650,000 from the part of vehicle license tax
revenues that would ordinarily go to the State Highway Fund for deposit in a special account to be used to purchase
railroad rights-of-way in areas the director of the Dept of Transportation believes necessary to accommodate future
freight or passenger rail service that would be in the best interests of the state. Session law only, does not amend
statute.

First sponsor: Rep. Biggs
H2570: RAILROAD RIGHT-OF-WAY ACQUISITION 4/2 withdrawn from Senate appro.



H2612: TRANSPORTATION DISTRICTS


Beginning Jan 1, 2008, any county with a population of at least 500,000 persons shall form a transportation district
comprised of only that county. Currently, only M aricopa and Pima have their own transportation districts; the
remainder of the counties are grouped into four districts. Changes composition and membership of the state
Transportation Board. AS PASSED HOUSE.

First sponsor: Rep. Rios
Others: Rep. Biggs, Rep. Brown, Rep. M cGuire, Sen. Rios, Sen. Soltero, Sen. Verschoor
H2612: TRANSPORTATION DISTRICTS 3/14 referred to Senate trans.



H2625: WATER SUPPLY; RESIDENTIAL PROPERTY; DISCLO SURE


Before the close of escrow, real estate brokers or salespersons must provide buyers of residential property with
written notice of the water supply status of the property as designated by the Department of Water Resources.

First sponsor: Rep. Groe
H2625: WATER SUPPLY; RESIDENTIAL PROPERTY; DISCLOSURE 2/15 House water-agri held.



H2638: ENERGY PLANS; COUNTIES & M UNICIPALITIES


M unicipal general plans and comprehensive long-term county plans must include an energy element that (a)
identifies policies to encourage and incentivize efficient energy use, and (b) assesses policies to provide for greater
use of renewable energy. AS PASSED HOUSE.

First sponsor: Rep. Cajero Bedford
Others: Rep. Ableser, Rep. Alvarez, Rep. Bradley, Rep. Brown, Rep. Burges, Rep. Burns, Rep. Chad Campbell,
Rep. Crandall, Rep. Driggs, Rep. Hershberger, Rep. Kavanagh, Rep. Konopnicki, Rep. Lopez, Rep. M ason, Rep.
M iranda, Rep. Nelson, Rep. Pancrazi, Rep. Prezelski, Rep. Reagan, Rep. Saradnik, Rep. Tobin, Rep. Tom, Rep.
Jerry Weiers, Rep. Yarbrough, Sen. Aboud, Sen. Garcia
H2638: ENERGY PLANS; COUNTIES & M UNICIPALITIES 5/15 Senate COW approved with floor amend
                                                     #4418.



H2663: INCOM E TAX CREDIT; RESIDENTIAL SEWER FEES


Beginning Jan 1, 2007, a credit is allowed against income taxes for annual residential sewer expenses. M aximum



                                                             6
amount of the credit is $250. M aximum programmatic statewide maximum credit is $3 million. Retroactive to Jan 1,
2007.

First sponsor: Rep. M cLain
Others: Rep. Ableser, Rep. Barnes, Rep. Crump, Rep. Groe, Rep. M ason, Rep. M cClure, Sen. Flake
H2663: INCOM E TAX CREDIT; RESIDENTIAL SEWER FEES 2/12 from House ways-means with amend
                                                       #3281.



H2664: WATER; INTERSTATE TRANSPORTATION


In determining whether a water transfer out of state is detrimental to the public welfare (thus giving grounds for
disapproval of the transfer), the director of the Dept of Water Resources must presume detriment if the primary use
of the water is to provide a constant and reliable water supply in another state. The applicant may appeal the
determination and has the burden of proof to rebut each of the factors used the DWR in making its determination.
AS PASSED HOUSE.

First sponsor: Rep. Groe
Others: Rep. Biggs, Rep. Burns, Rep. Lopez, Rep. M cLain, Sen. Gould, Sen. Verschoor
H2664: WATER; INTERSTATE TRANSPORTATION 3/14 referred to Senate nat res-rural.



H2682: TRANSPORTATION; BLUE RIBBON STUDY COMM ITTEE


Creates a 10-person legislative committee to recommend transportation issues that should be address in the next
legislative session, including road planning, highway financing alternatives and road safety. M embers include:
speaker of the House, president of the Senate, chair and vice-chair of both legislative transportation committees, two
representatives (not of the same party) and two senators (not of the same party. Report is due by Nov 30, 2007. AS
PASSED HOUSE.

First sponsor: Rep. Biggs
H2682: TRANSPORTATION; BLUE RIBBON STUDY COMMITTEE 4/25 FAILED to pass Senate 13-16.



H2692: WATER SUPPLY DEVELOPM ENT REVOLVING FUND


A Water Supply Development Revolving Fund is established consisting of monies received from the sale of water
supply development bonds, loan repayments, appropriations and grants. The Water Infrastructure Finance Authority
may issue water supply development bonds, provide financial assistance to eligible water providers from the Fund,
and provide grants and other professional assistance to eligible providers in connection with the planning or design
of water supply development projects. The Fund will provide financial assistance to water providers in active
management areas or areas that have adopted water adequacy ordinances. M aximum amount per grant is $100,000;
repayment must be completed within three years. Enactment conditional on passage and signing of a bill
(unspecified in House engrossed version) relating to water adequacy. AS PASSED HOUSE.

First sponsor: Rep. M ason
Others: Rep. Ableser, Rep. Alvarez, Rep. Brown, Rep. Clark, Rep. Groe, Rep. Konopnicki, Rep. M cLain, Rep.
Saradnik, Rep. Stump, Sen. Harper, Sen. O'Halleran
H2692: WATER SUPPLY DEVELOPM ENT REVOLVING FUND 5/14 passed Senate 20-8; ready for House
                                                     action on Senate amendments.




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H2693: WATER ADEQUACY PROVISIONS


Subdivisions outside active management areas cannot be approved unless the Department of Water Resources
determines there is an adequate water supply or a municipality or private water company with an adequate water
supply has committed to provide water service to the subdivision. Situations where municipalities or counties may
provide an exemption to a subdivision are outlined. M unicipalities and counties may adopt ordinances requiring
adequate water supplies for subdivisions, and must give written notice of exemptions or ordinances adopted to the
Department and the State Real Estate Commissioner. Sellers of property that received an exemption must disclose
the exemption to the buyer. A process for a municipality or water company to be designated as having an adequate
water supply is established.

First sponsor: Rep. M ason
Others: Rep. Ableser, Rep. Alvarez, Rep. Barto, Rep. Brown, Rep. Clark, Rep. Groe, Rep. Konopnicki, Rep.
M cLain, Rep. Saradnik, Rep. Stump, Sen. Harper, Sen. O'Halleran
H2693: WATER ADEQUACY PROVISIONS 3/14 House COW approved with amend #3240 and floor amend
                                      #3905.



H2713: RAILROAD RIGHT-OF-WAY; NOTICE & HEARINGS


Within 15 days of a railroad company acquiring private land for a right-of-way, the company must publish a public
notice of the acquisition. Within 30 days of publication of the notice, the board of supervisors must hold a public
hearing on the impact of the right-of-way on the residents.

First sponsor: Rep. Pancrazi
Others: Rep. Barnes, Rep. Cajero Bedford, Rep. Chad Campbell, Rep. Cloves Campbell Jr., Rep. Clark, Rep.
Gallardo, Rep. Kirkpatrick, Rep. Lopes, Rep. Lopez, Rep. M ason, Rep. Nelson, Rep. Prezelski, Rep. Rios, Rep.
Saradnik, Rep. Schapira, Rep. Sinema, Rep. Ulmer, Sen. A guirre, Sen. Verschoor
H2713: RAILROAD RIGHT-OF-WAY; NOTICE & HEARINGS 2/14 from House county-muni do pass.



H2740: FIRE DISTRICTS; NONCONTIGUOUS AREAS


Definition of "county island" is changed. M aricopa County may (previously, "shall") enter into an agreement with a
municipality to provide fire protection and emergency medical services in a county island. A section in Title 48
(special taxing districts) is added to permit any M aricopa County resident in a county island to petition the county
board of supervisors to form a noncontiguous county island fire district. Formation procedures are the same as for
any fire district. Various sections in statutes related to county island fire districts are deleted.

First sponsor: Rep. Biggs
H2740: FIRE DISTRICTS; NONCONTIGUOUS AREAS 2/8 referred to House rules only.



H2754: GREATER ARIZONA DEVELOPM ENT AUTHORITY; APPRO


The list of purposes for which the Greater Arizona Development Authority (GADA) may issue bonds is expanded to
include for counties, municipalities, special districts or Indian tribes to acquire, imp rove, or equip infrastructure.
M onies in the GADA Revolving Fund are continuously appropriated. Appropriates $5 million from the general fund




                                                            8
in each of F Y 2007-08 and FY 2008-09 to the GADA Revolving Fund.

First sponsor: Rep. M cLain
Others: Rep. Brown, Rep. Konopnicki, Rep. Lopes, Rep. M ason, Rep. Reagan, Sen. Arzberger, Sen. Flake, Sen.
O'Halleran
H2754: GREATER ARIZONA DEVELOPM ENT AUTHORITY; APPRO 2/21 withdrawn from House appro.



HCM 2002: COMMUNITY DEVELOPM ENT BLOCK GRANT; FUNDING


The Legislature asks Congress to fully fund the federal Community Development Block Grant (CDBG) program.

First sponsor: Rep. Nelson
HCM 2002: COMM UNITY DEVELOPM ENT BLOCK GRANT; FUNDING 2/20 referred to Senate gov.



HCR2039: STATE TRUST LAND; CONSERVATION (TECH CORRECTION; CONSTITUTION; DEBT
CAPACITY)


The 2008 general election ballot will carry the question of whether to amend Article X of the state constitution to
permit the sale of certain state trust land to local governments or nonprofit conservation groups rather than being
sold to the highest bidder at pubic auction. A companion bill (H2312) contains the legal descriptions of all affected
parcels. Conditional on Congressional approval of amendments to the Arizona-New M exico Enabling Act of 1910
permitting disposal of trust land in the manner proposed. AS PASSED HOUSE.

First sponsor: Rep. Nelson
HCR2039: STATE TRUST LAND; CONSERVATION 3/29 from Senate nat res-rural with amend #4075.



HCR2041: M ILITARY BASES; EXPRESSING SUPPORT


The Legislature expresses support for enhancing the mission capabilities of Arizona's military facilities
and for basing the Joint Strike Fighter Program in Arizona, and reaffirms the state's commitment to protect the
current and future missions of the state's military bases. AS PASSED SENATE.

First sponsor: Rep. Nelson
Others: Rep. Ableser, Rep. Anderson, Rep. Barnes, Rep. Brown, Rep. Burges, Rep. Burns, Rep. Chad Campbell,
Rep. Clark, Rep. Desimone, Rep. Garcia, Rep. Hershberger, Rep. Kavanagh, Rep. Lopes, Rep. M eza, Rep. M iranda,
Rep. Nichols, Rep. Pancrazi, Rep. Pearce, Rep. Prezelski, Rep. Rios, Rep. Schapira, Rep. Stump, Rep. Thrasher,
Rep. Jerry Weiers, Sen. Aboud, Sen. A guirre, Sen. Blendu, Sen. Gorman, Sen. Chuck Gray, Sen. Leff, Sen.
M iranda, Sen. O'Halleran
HCR2041: M ILITARY BASES; EXPRESSING SUPPORT 5/3 House concurred in Senate amendments and
                                                 passed on final reading 56-0; to secretary of state.



S1004: TECH CORRECTION; DEFERRED COMPENSATION


M inor change in Title 38 (public officers and employees) relating to deferred compensation programs. Apparent
striker bus.




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First sponsor: Sen. Bee
S1004: TECH CORRECTION; DEFERRED COMPENSATION 3/27 from House home sec-property with amend
                                                   #4037.



S1082: PLANNING & ZONING COMM ISSIONS; ALTERNATES


Boards of supervisors in counties with fewer than 179,000 population are permitted to appoint alternate members of
county planning and zoning commissions to serve in the absence of the regular member. The alternate may be from
any supervisorial district. During a meeting convened with an alternative member, if the regular member becomes
available, the alternative shall conclude the agenda item and then withdraw so the regular member may be seated for
remaining items. Also, in a county with a 5-member board of supervisors, requirement concerning whether one or
both members from a district may reside in a city or town if 60% of the district is incorporated is deleted. AS
SIGNED BY GOVERNOR.

First sponsor: Sen. Flake
Others: Rep. Brown, Rep. Konopnicki
S1082: PLANNING & ZONING COMM ISSIONS; ALTERNATES 4/10 signed by governor. Chap. 30, Laws
                                                       2007.



S1119: WATER; OVERLAPPING SERVICE AREA PROVIDERS


A landowner's right to use water that is supplied by a water provider within the provider's service area could not
have been limited by ordinance, regulation or provision of another provider with an overlapping service
area. GOVERNOR'S VETO M ESSAGE said the bill would have preempted local governments' ability to coordinate
services and plan for future growth. She also said it would have eliminated incentives for municipalities and
irrigation districts to work together to provide water to residents. She noted the bill was opposed by environmental
and conservation leaders.

First sponsor: Sen. Chuck Gray
Others: Rep. Adams, Sen. Aguirre, Sen. Harper
S1119: WATER; OVERLAPPING SERVICE AREA PROVIDERS 5/1 VETOED message



S1172: HIGHWAY FUND BONDS; M ATURITY


The maximum maturity date for state highway fund bonds is increased to 30 years from 20.

First sponsor: Sen. Blendu
S1172: HIGHWAY FUND BONDS; M ATURITY 2/8 from Senate fin do pass.



S1182: SUMM ERHAVEN FIRE; ASSURED WATER SUPPLY


Subdivided lands within an active water management area that meet a list of specifications are exempt from the
requirement that a certificate of assured water supply is necessary for the land to be offered for sale or lease. One of
the stipulations is that a majority of structures on the property were destroyed by fire and the land has not been
redeveloped. [Capitol Reports note: legislative research staff indicates this bill applies specifically to land at
Summerhaven in the Catalina M ountains near Tucson. Session law only, no change to statute. Emergency clause. A S




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SIGNED BY GOVERNOR.

First sponsor: Sen. Bee
Others: Rep. M cClure
S1182: SUMM ERHAVEN FIRE; ASSURED WATER SUPPLY 4/16 signed by governor. Chap. 51, Laws 2007.



S1193: WATER; DWR; ADJUDICATION SUPPORT; APPRO


Appropriates $1 million plus money for 12 full time employees from the general fund in fisc al 07-08 to the Dept of
Water Resources for "general adjudications support."

First sponsor: Sen. Flake
S1193: WATER; DWR; ADJUDICATION SUPPORT; APPRO 2/22 from Senate appro with amend #3545.



S1312: WATER; UNDERGROUND STORAGE PERM ITS; NOTICE


Within 15 days of receiving an application for an underground water storage permit, the Department of Water
Resources must post notice of the application on the department's website. The notice shall state the name of the
applicant, location of the proposed facility, the date of the application and application number. This Internet notice
does not replace requirement to publish notice in a general circulation newspaper. AS PASSED SENATE.

First sponsor: Sen. Flake
S1312: WATER; UNDERGROUND STORAGE PERM ITS; NOTICE 5/1 signed by governor. Chap. 161, Laws
                                                       2007.



S1313: ACCOMMODATION SCHOOLS; BOARD (STATE TRUST LANDS; PLANNING)


M anagement and operation of accommodation schools are removed from the county school superintendent and
placed with a 5-person accommodation school board which, at the option of the county board of supervisors, may be
appointed or elected. If appointed, two members are appointed by the county school superintendent, two by the
county board of supervisors and the fifth named by the other four. An accommodation school on a military
reservation shall be managed and administered by an appointed 5-person military reservation accommodation school
board, two of whom are named by the county school superintendent, two by the commanding officer of the base and
the fifth by the other four. Both types of accommodation school boards shall have all the powers of school district
governing boards except ithey may not levy taxes or issue debt. Administration of education programs in jails and
juvenile detention centers are not affected by this law and remain with the county school superintendent and juvenile
court judge or sheriff. AS PASSED HOUSE.

First sponsor: Sen. Flake
S1313: ACCOMMODATION SCHOOLS; BOARD 5/9 Senate voted to reconsider 5/8 failure to pass bill. Date of
                                        second vote to be set by president.



S1350: REAL ESTATE LICENSURE


Retroactive to July 1, 2007, real estate licenses are valid for 4 years instead of 2. The minimum and maximum
amounts for license renewal fees are increased: the fee for a renewal of a broker's license is changed to a range of



                                                            11
$100 to $400 (from $75 to $250) and the fee for a renewal of a salesperson's license is changed from a range of $60
to $200 (from $$35 to $125). The number of credit hours of real estate schooling required for the second and
subsequent license renewal is increased to 24 credit hours within a 24-month period. AS PASSED SENATE.

First sponsor: Sen. Cheuvront
S1350: REAL ESTATE LICENSURE 4/5 from House appro with amend #4145.



S1352: WELL DRILLERS; CONTINUING EDUCATION


As a prerequisite for renewal of a license, a well driller must complete a continuing education requirement as
specified in this act. A Well Drillers Continuing Education Advisory Committee is established to make
recommendations to the director of the Dept of Water Resources related to continuing education. The director may
waive all or a portion of the CE requirement for good cause. A purpose section states the act is intended to increase
compliance with rules, increase protection for well owners and increase public confidence in well contractors. AS
PASSED SENATE.

First sponsor: Sen. Flake
Others: Sen. Arzberger
S1352: WELL DRILLERS; CONTINUING EDUCATION 4/23 FAILED to pass House 26-29.



S1402: WATER PROTECTION FUND; APPROPRIATIONS


Appropriates $4 million from the general fund in each of fiscal 07-08 and fiscal 08-09 to the Arizona Water
Protection Fund.

First sponsor: Sen. Hale
Others: Sen. Aguirre, Sen. Arzberger, Sen. Burton Cahill, Sen. Garcia, Sen. M iranda, Sen. Rios
S1402: WATER PROTECTION FUND; APPROPRIATIONS 2/1 referred to Senate appro.



S1423: M UNICIPAL DEVELOPM ENT FEES


“Necessary public services” for which municipalities may charge development fees is defined. Changes to
procedures for giving public notice and assessing a new or modified development fee, including requiring
municipalities to adopt or amend an infrastructure improvements plan that estimates future public services that will
be required as a result of new development, forecasts associated costs, and includes supportive documentation. A
public hearing must be held on the plan at least 30 days prior to adoption. Any action to collect a development fee
must be started within 2 years after the obligation to pay begins. AS PASSED SENATE.

First sponsor: Sen. Bee
Others: Rep. M cClure
S1423: MUNICIPAL DEVELOPM ENT FEES 4/24 signed by governor. Chap. 136, Laws 2007.



S1509: WATER; ADEQUATE SUPPLY; NOTICE


The authority of a municipal council and of a county board of supervisors to regulate the subdivision of lands within
its boundaries is expanded to include requirement that a final subdivision plat must be rejected unless a report on the



                                                           12
adequacy of the water supply is submitted. If the Dept of Water Resources determines there is an inadequate water
supply, the council may still approve the subdivision with or without conditions such as mandat ed reuse of water,
purchase of development rights or other water management provisions.

First sponsor: Sen. O'Halleran
S1509: WATER; ADEQUATE SUPPLY; NOTICE 1/30 referred to Senate nat res-rural.



S1527: WATER; DROUGHT EM ERGENCY TRANSFERS


In areas outside active management areas, groundwater may be transported away from a groundwater basin during
an emergency declared by the Governor due to a water shortage, and with approval from the Department of Water
Resources. Retroactive to M ay 1, 2007.

First sponsor: Sen. O'Halleran
Others: Sen. Aboud
S1527: WATER; DROUGHT EM ERGENCY TRANSFERS 1/30 referred to Senate nat res-rural.



S1542: INCOM E TAX CREDITS; STAN ACCOUNT; HIGHWAYS


A credit against income taxes is provided to taxpayers who contribute to the Statewide Transportation Acceleration
Needs Account (STAN). Amount of credit is blank in original.

First sponsor: Sen. Verschoor
S1542: INCOM E TAX CREDITS; STAN ACCOUNT; HIGHWAYS 2/19 from Senate gov with amend #3485.



S1543: INCOM E TAX ; DEDUCTION; STAN ACCOUNT; HIGHWAYS


IN determining a taxpayer's taxable income, contributions to the Statewide Transportation Acceleration Needs
Account are deducted from a taxpayer's gross income. M aximum amount of the deduction is blank in original.

First sponsor: Sen. Verschoor
S1543: INCOM E TAX ; DEDUCTION; STAN ACCOUNT; HIGHWAYS 2/19 from Senate fin with amend
                                                            #3459.



S1544: M UNICIPALITIES; CONSTRUCTION SALES TAX; USES (M UNICIPAL PLANNING; FEE
DISCLOSURE)


A municipal planning department must disclose all planning fees collected by the department within 10 days of a
request.

First sponsor: Sen. Verschoor
S1544: MUNICIPALITIES; CONSTRUCTION SALES TAX; USES 5/10 FAILED to pass House on
                                                         reconsideration 25-30.




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S1552: AIR QUALITY REGULATIONS; LOCAL ORDINANCES (AIR QUALITY PROGRAM)


By October 31, 2007, counties included in Active M anagement Area „A‟ (metro Phoenix), must adopt an ordinance
banning wood burning on high pollution advisory days, and cities and counties in Area „A‟ must adopt ordinances
restricting leaf blowers on high pollution advisory days. The Department of Environmental Quality must produce
material for companies that sell or rent leaf blowers to distribute to consumers that educate the consumer on
applicable dust control ordinances. By September 1, 2007, municipalities and counties must adopt ordinances that
prohibit vehicles from being on the road unless they prevent any of their loads from dropping or leaking, with some
exceptions. Civil penalties are established for violations of the required ordinance. In Area „A‟ it is illegal to
operate off-highway vehicles on an unpaved surface during high pollution advisory days for particulate matter or to
burn an open outdoor fire between M ay 1 and September 30 of each year. AS PASSED HOUSE.

First sponsor: Sen. Allen
Others: Sen. Huppenthal
S1552: AIR QUALITY REGULATIONS; LOCAL ORDINANCES 4/9 passed House 35-21; ready for Senate
                                                     action on House amendments.



S1556: RETIREM ENT; ASRS; ELIGIBILITY; POSTDOC (FIRE DISTRICTS; NONCONTIGUOUS COUNTY
ISLANDS)


A postdoctoral scholar at a state university is not eligible for retirement under ASRS. AS PASSED HOUSE.

First sponsor: Sen. Tibshraeny
S1556: RETIREM ENT; ASRS; ELIGIBILITY; POSTDOC 5/1 signed by governor. Chap. 173, Laws 2007.



S1557: WATER; CONSERVATION; M UNICIPAL & AGRICULTURE (WATER; M UNICIPAL CONSERVATION
REQUIREM ENTS)


Beginning January 1, 2008 and effective through the end of 2025, the Department of Water Resources (DWR) must
modify the non-per capita water conservation program to comply with new requirements contained in this
legislation. Unless otherwise exempt, municipal providers must submit a provider profile to DWR by July 1, 2009.
DWR must approve or disapprove the profile within 90 days and notify the provider. Providers must have an
approved profile by January 1, 2010, may appeal a decision to disapprove a profile, and may revise a profile to
correct deficiencies. DWR regulation of providers under the new program begins on the date of approval, but not
before January 1, 2010. Conservation requirements for municipal providers are established. For groundwater
management periods beginning in 2010, DWR must include agricultural best practices in the management
plans. DWR must periodically review the agricultural best practices conservation program to evaluate its
effectiveness and may modify the program. If the modifications are not consistent with statute, DWR must give
written notice to the Governor and the Legislature. AS PASSED SENATE.

First sponsor: Sen. Flake
Others: Sen. Arzberger
S1557: WATER; CONSERVATION; M UNICIPAL & AGRICULTURE 4/24 signed by governor. Chap. 139,
                                                          Laws 2007.



S1570: WATER; CRITICAL AREA STUDY COMM ITTEE (WATER; CRITICAL AREA PILOT DISTRICTS)




                                                         14
A 14-member Critical Water Area Study Committee is created to consider water issues for areas outside Active
M anagement Areas but are still areas where water is a critical concern. Report due by Dec 31, 2008. AS PASSED
SENATE.

First sponsor: Sen. Arzberger
S1570: WATER; CRITICAL AREA STUDY COMM ITTEE 5/10 from House rules okay.



S1575: WATER ADEQUACY AM ENDM ENTS


Subdivisions outside Active M anagement Areas cannot be approved unless the Department of Water Resources
(DWR) determines there is an adequate water supply or a municipal or private water company with an adequate
water supply has committed to provide water service to the subdivision. Situations where municipalities or counties
may provide an exemption to a subdivision are outlined. M unicipalities and counties may adopt ordinances
requiring adequate water supplies for subdivisions, and must give written notice of exemptions or adopted
ordinances to DWR and the State Real Estate Commissioner. M unicipalities or counties must give notice at the site
of an exempt subdivision that DWR determined the water supply for the subdivision is inadequat e and include a
statement describing the exemption under which the subdivision was approved. Developers of property that
received an exemption must record with the land a document describing the property and a statement that the lots are
served by an inadequate water supply and water must be hauled to the lot. A process for a municipality or water
company to be designated as having an adequate water supply is established. Developers may receive an exemption
to water adequacy requirements from DWR if the developer made substantial capital investment toward construction
before the new requirements were in effect and was unaware of proposed changes when investment was made. AS
PASSED SENATE.

First sponsor: Sen. Arzberger
Others: Rep. Alvarez, Rep. Burns, Rep. Lopes, Sen. Aguirre, Sen. Garcia, Sen. Hale, Sen. Landrum Taylor, Sen.
O'Halleran, Sen. Pesquiera, Sen. Rios, Sen. Soltero
S1575: WATER ADEQUACY AM ENDM ENTS 3/8 Passed Senate 26-2; ready for House.



S1576: PUBLIC HIGHWAY AUTHORITIES


The chapter in the transportation code pertaining to private transportation projects is repealed and at least partially
replaced with a new chapter authorizing formation of transportation authorities by combinations of local
governmental entities with or without state participation. Highway authorities may construct, finance and operate
public highways including toll roads. M ore.

First sponsor: Sen. Tibshraeny
S1576: PUBLIC HIGHWAY AUTHORITIES 2/13 Senate trans FAILED (2-2).



S1585: HOV LANE CONVERSION; TOLL LANE


By Nov. 15, 2012, ADOT shall issue an RFP to convert the HOV lane on I-17 between Loop 101 and I-10 to an
HOV toll lane. Allows ADOT to issue additional RFPs to convert HOC lanes on other state highways.

First sponsor: Sen. Gould
Others: Sen. Gorman, Sen. Harper
S1585: HOV LANE CONVERSION; TOLL LANE 2/14 from Senate trans with amend #3362.




                                                            15
S1586: TRANSPORTATION PROJECTS; UNSOLICITED PROPOSALS


ADOT is required to accept unsolicited proposals for transportation construction projects without charging a fee to
the person submitting the proposal. It shall evaluate the proposal based on criteria established by the director and
shall submit a report on the evaluation to appropriate legislative committees.

First sponsor: Sen. Gould
Others: Sen. Blendu, Sen. Gorman
S1586: TRANSPORTATION PROJECTS; UNSOLICITED PROPOSALS 2/14 from Senate trans do pass.



S1587: TRANSPORTATION; INNOVATIVE PARTNERSHIPS PROGRAM


Repeals a section on privatized transportation projects and requires ADOT to establish innovative partnerships for
planning, acquisition, financing, development, design and construction for leasing and operating of construction
projects. The stated purpose of the new section is to develop an expedited transportation project delivery process,
maximize innovation, and develop partnerships with private entities.

First sponsor: Sen. Gould
Others: Sen. Blendu, Sen. Harper
S1587: TRANSPORTATION; INNOVATIVE PARTNERSHIPS PROGRAM 2/22 from Senate appro do pass.



S1591: TRANSPORTATION; LIGHT RAIL; PERFORM ANCE AUDITS


If the M aricopa County light rail system is not completed before Jan. 1, 2009, an independent outside performance
audit shall be conducted 12 months after the minimum operating system is open.

First sponsor: Sen. Gould
Others: Sen. Harper
S1591: TRANSPORTATION; LIGHT RAIL; PERFORM ANCE AUDITS 4/24 FAILED to pass House 27-27.



S1602: CONSTRUCTION DEBRIS; M UNICIPAL REGULATION (WASTE REGULATION; MUNICIPAL
PERM ITS)


A city or town with fewer than 100,000 population is prohibited from regulating collection or removal of
construction debris except as it may be considered solid waste, nor may any city or town interfere with competition
in the collection and removal of construction debris. Also, a municipality is prohibited from requiring an applicant
for a grading, building, construction or other similar permit to use a preferred or exclusive provider designated by
the municipality. Emergency clause. AS PASSED SENATE.

First sponsor: Sen. Gould
Others: Rep. Adams, Rep. Barnes, Rep. Biggs, Rep. Burges, Rep. Burns, Rep. Cajero Bedford, Rep. Chad Campbell,
Rep. Cloves Campbell Jr., Rep. Crump, Rep. Driggs, Rep. Groe, Rep. Kirkpatrick, Rep. Lopez, Rep. M eza, Rep.
Nichols, Rep. Saradnik, Rep. Stump, Rep. Thrasher, Rep. Tobin, Rep. Yarbrough, Sen. Gorman, Sen. Harper, Sen.
Johnson, Sen. Waring
S1602: CONSTRUCTION DEBRIS; M UNICIPAL REGULATION 4/18 From House rules okay.




                                                          16
S1607: STATE FORESTER; FIRE FUND (STATE FORESTER)


The maximum amount of unobligated money that may be in the Fire Suppression Revolving Fund at the end of any
calendar year is increased to $2 million from $600,000. (Capitol Reports note: amounts in excess of the cap are
transferred to the state general fund.) A S PASSED SENATE.

First sponsor: Sen. Flake
Others: Sen. Arzberger
S1607: STATE FORESTER; FIRE FUND 5/1 signed by governor. Chap. 175, Laws 2007.



S1608: WATER SUPPLY DEVELOPM ENT FUND CTES


Two new committees are created within the Water Infrastructure Finance Authority. The Urban Water Supply
Development Fund Committee is established to provide water supply development and watershed projects in the
area served by the Central Arizona Project. The Rural WSDF Committee is established for rural areas not served by
the CAP. WIFA is authorized to issue bonds to provide financial assistance to water providers for water supply
development purposes and watershed improvement purposes. Appropriates $40 million from the general fund in
fiscal 07-08 to a revolving fund created by this act (one quarter for urban projects; the balance for rural projects).
Enactment is conditional on passage of a bill (unnumbered in original) relating to water adequacy.

First sponsor: Sen. Flake
S1608: WATER SUPPLY DEVELOPM ENT FUND CTES 2/19 from Senate nat res-rural with amend #3490.



S1609: WATER CONSERVATION DISTRICTS; LAW OFFICERS (WATER; ADEQUACY PROGRAM
PROVISIONS)


The governing board of a multi-county water conservation district (e.g., Central Arizona Project) is exempt from
state personnel rules. Also, in statutes pertaining to a law enforcement officer's rights during a
disciplinary proceeding, authority to exclude a person employed by a multi-county water conservation district from
the definition of law enforcement officer is moved from a section dealing with detention officers to one dealing
with AZPOST certified officers. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Flake
S1609: WATER CONSERVATION DISTRICTS; LAW OFFICERS 4/16 signed by governor. Chap. 61, Laws
                                                       2007.



S1638: WATER; WELLS; GROUNDWATER CONTAMINATION


The Dept of Water Resources must not approve an application to drill a well if it will likely cause migr ation of
contaminated groundwater from a remedial site to another well, resulting in unreasonably increasing damage to the
owner of the well or persons using water from the well. An exception is granted to deepening an existing well or
drilling a replacement well in the same location. The department must approve or deny a request to drill a well near a
mitigation site within 45 days (previously, 15 days) of receipt of an intention to drill. Enactment is conditional on
regulations for administering entitlements to Colorado River water being published in the Federal Register. AS
PASSED SENATE.




                                                           17
First sponsor: Sen. Arzberger
Others: Rep. Lopes, Sen. Garcia, Sen. Hale, Sen. Landrum Taylor, Sen. O'Halleran, Sen. Pesquiera, Sen. Rios, Sen.
Soltero
S1638: WATER; WELLS; GROUNDWATER CONTAMINATION 3/14 referred to House water-agri.



SJR1001: LOWER COLORADO BASIN; FORBEARANCE AUTHORITY


Resolves and declares the state may forbear its rights to use certain quantities of intentionally created surplus water
and domestic surplus water from the Colorado River that would otherwise be available to the state under current
contracts and decrees. Authorizes the director of the Dept of Water Resources to enter into an agreement
substantially similar to the Lower Colorado Rive Basin Intentionally Created Surplus Forbearance Agreement. Also
authorizes the director to enter into additional agreements with Lower Colorado River contractors to forbear future
intentionally created surpluses.

First sponsor: Sen. Bee
Others: Sen. Arzberger, Sen. Flake
SJR1001: LOWER COLORADO BASIN; FORBEARANCE AUTHORITY 3/1 Senate COW approved.



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