Arizona Nonprofit Corporations - DOC

							                             APA AZ LEGISLATIVE AFFAIRS COMMITTEE
                                      BILL DISCUSSION LIST
                                         MARCH 19, 2010


Posted Calendars and Committee Hearings

H2003: REVITALIZATION DISTRICTS (TECH CORRECTION; NONPROFIT CORPORATIONS)


Minor change in Title 10 (Corporations & Associations), relating to the Arizona Nonprofit Corporation
Act. Apparent striker bus.
First sponsor: Rep. Reagan
 H2003:R EVITALIZATIO N DISTRICTS 3/18 House COW approved with amend #4240 and floor amend #4695. NOTE
                                       SHORT TITLE CHANGE.
APA AZ POSITION: NOT PREVIOUSLY DISCUSSED



H2145: COUNTY PLANNING & ZONING


County planning and zoning boards need not hold monthly meetings unless there is new official
business to transact. Also in a session law section, county boards o f supervisors are not required to
readopt an existing comprehensive plan or adopt a new one until July 1, 2015.
First sponsor: Rep. Konopnick i
 H2145:COUNTY PLANNING & ZO NING 3/18 Senate gov inst amende d; report awaited.
APA AZ POSITION: NEUTRAL W/ SPECIFIED BOARD DIRECTION (SEE APA AZ BILL
POSITION LIST)



H2146: TRUST LANDS; LOSS OF LEASE


If a lessee of state trust land loses the lease whether because the lease was awarded to a
competing bidder or cancelled by the Land Commissioner, provisions are made to compensate the
lessee for non-removable improvements. AS PASSED HOUSE.
First sponsor: Rep. Konopnick i
 H2146:TRUST LANDS; LO SS O F LEASE 3/17 re fe rred to Se nate nat res-inf.
APA AZ POSITION: NO POSTION



H2153: HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS


Homeowners' associations in planned communities have no authority over any public roadway for
which ownership has been dedicated to a governmental entity. AS PASSED HOUSE.
First sponsor: Rep. Barto
 H2153:HO MEOW NER S' ASSOCIATIO NS; PUBLIC RO ADWAYS 3/15 re fe rred to Se nate nat res-inf.
APA AZ POSITION: NO POSTION
 H2188: STATE TRUST LANDS; VETERANS' CEMETERIES


The State Land Commissioner is authorized to "make available" parcels of up to 250 acres in
urbanized areas of the state for use as cemeteries by the Dept of Veterans' Services. Enactment
conditional on voters approving a constitutional amendment to permit the disposition of state trust
lands in this fashion for veterans' cemeteries. AS PASSED HOUSE.
First sponsor: Rep. Je rry Weie rs
 H2188:STATE TRUST LANDS; VETER ANS' C EMETERIES 3/17 Senate ve t-mil he ld.
APA AZ POSITION: NO POSTION



 H2195: VETERANS' SERVICES; MILITARY INSTALLATION FUND


Statutory authority to transfer acquired real estate, property rights and related infras tructure to the
Land Department as a result of expenditures from the Military Installation Fund for the purposes of
preserving or enhancing military installations in the state is changed from the Dept of Veterans'
Services to the Dept of Commerce.
First sponsor: Rep. Je rry Weie rs
 H2195:VETERANS' SER VIC ES; MILITARY INSTALLATIO N FUND 3/8 re fe rred to Se nate ve t-m il.
APA AZ POSITION: NO POSTION



 H2210: LANDLORD TENANT OBLIGATIONS; PEST CONTROL


Establishes regulations for landlord and tenant obligations relating to household pest control. The
Department of Health Services is required to prepare a pamphlet on bedbugs for landlords to
deliver to tenants. Counties and municipalities are prohibited from adopting requirements for
landlords or tenants relating to control of household pests. AS PASSED HOUSE.
First sponsor: Rep. Reagan
 H2210:LANDLOR D TENANT O BLIGATIO NS; PEST CO NTRO L 3/8 re fe rred to Se nate com -e con.
APA AZ POSITION: NO POSTION



 H2249: MUNICIPAL DEVELOPMENT FEES; REFUNDS


If a facility is not completed within 7 years after the first development fee is assessed, the
municipality must refund any fees that were collected to the pa yor. Exempts development fees for
water resource, wastewater or sewer facilities.
First sponsor: Rep. Biggs
 H2249:MUNIC IPAL DEVELOPMENT FEES; R EFUNDS 3/18 re tained on House COW calendar.
APA AZ POSITION: OPPOSE
 H2259: DEVELOPMENT FEES; PROPORTIONAL SHARE


 Municipal development fees cannot exceed the proportionate share of the costs incurred by the
 municipality in providing necessary public services to the development, based on the same level of
 service provided to existing residents in the municipality.
First sponsor: Rep. Biggs

  H2259:DEVELOPMENT FEES; PROPORTIO NAL SHAR E 3/18 re tained on House COW calendar.
APA AZ POSITION: OPPOSE



H2452: MUNICIPALITY; URBANIZED AREAS; INCORPORATION


Areas previously declared to be an “urbanized area” under current statute are no longer considered
an urbanized area 5 years after the event that caused it to exist if the area has not been
incorporated or annexed into a municipality.
First sponsor: Rep. Ante nori
 H2452:MUNIC IPALITY; UR BANIZED AR EAS; INCORPOR ATIO N 3/18 House COW approved.
APA AZ POSITION: NO POSITION



H2477: CIVIL ACTIONS; PUBLIC EMPLOYEE; DEFINITION


Adds leased employees to the definition of “employee” for the purposes of actions against public
entities or public employees.
First sponsor: Rep. Konopnick i
 H2477:CIVIL ACTIO NS; PUBLIC EMPLOYEE; DEFINITIO N 3/15 House COW approved with floor amend #4614.
APA AZ POSITION: NO POSITION



 H2596: FREE EXERCISE OF RELIGION


 Prohibits land use regulations that impose an unreasonable burden on a person's exercise of
 religion, that treats a religious assembly or institution on less than equal terms with a nonreligious
 assembly or institution, or that discriminate against or exclude religious assemblies or institu tions,
 regardless of a compelling governmental interest. Some exceptions.
First sponsor: Rep. Yarbrough

  H2596:FR EE EXERC ISE O F R ELIGIO N 3/8 re fe rred to Se nate jud.
APA AZ POSITION: OPPOSE
 H2605: SUBDIVISIONS; ACTING IN CONCERT


Counties and municipalities must waive platting requirements for any subdivision with ten or fewer
lots or parcels, each of which meets a minimum size as determined by the entity's governing body.
A parcel or fractional interest that is sold or leased more than five years after sale of another lot or
fractional interest is excluded from the definition of subdivision if the other lot or parcel was
likewise excluded. In statutes related to subdividing land, the definition of "acting in concert" is
changed to state overlapping corporate membership or a familial relationship among principals is
not sufficient evidence in itself to constitute unlawful acting in concert. More.
First sponsor: Rep. Burges
 H2605:SUBDIVISIO NS; ACTING IN CO NC ERT 3/18 House COW approved.
APA AZ POSITION: OPPOSE



 H2617: REGULATORY REFORM: MINING; WATER; PERMITS


Various changes in statutes dealing with the regulatory authority of state agencies, including a
prohibition against agencies adopting requirements that exceed or conflict with federal law unless
specifically authorized by state law. Stipulates the conditions under which the Governor's
Regulatory Review Council is authorized to accept early review of a proposed rule. Qualifications of
the state Mining Inspector are changed. Also makes numerous changes in water law.
First sponsor: Rep. Jones
 H2617:R EGULATORY R EFOR M: MINING; W ATER; PERMITS 3/18 House COW approved with floor amend #4714, a
                                                          substitute for amend 4451.
APA AZ POSITION: NO POSITION



 H2641: CONDOS; DECLARATION; AMENDMENT; CONSENT REQUIREMENT


Amendments to a condo association's declaration that would create or increase special declarant
rights or that would increase the number of units in the plan or that would change the boundaries
of any unit shall become effective upon a 3/4 majority vote of the unit owners. Previously,
unanimous consent was required.
First sponsor: Rep. Hendrix
 H2641:CO NDO S; DECLAR ATIO N; AMENDMENT; CO NSENT R EQUIR EMENT 3/8 re tained on House COW calendar.
APA AZ POSITION: NO POSITION



 H2676: ENERGY PARK AUTHORITY


Establishes a statewide Energy Park Authority as a corporate and political body with all the rights
and powers of municipal corporations, to support, diversify and expand the Arizona energy
economy through the development of electric generation facilities and the improvement and
expansion of transmission facilities and supporting infrastructure. The Authority is governed by a 7 -
member Board of Directors. The Authority may issue bonds and other obligations. Establishes a
class 10 property classification for electric generation and transmission facilities, with 20% of class
10 property tax revenues being deposited in the Authority's General Fund.
First sponsor: Rep. Nichols
 H2676: ENER GY PAR K AUTHORITY 3/8 House COW approved with floor amend #4569, a substitute for amend 4386;
                                    the rules te ch amendment was withdrawn.
APA AZ POSITION: NO POSITION
 H2767: WATER QUALITY FEES


Expands the authority of the Dept of Environmental Quality (DEQ) to charge a fee for va rious
permits related to water quality. Existing fees stipulated in statute are changed to fee amounts
established by rule. Establishes a 13-member Water Quality Fees Advisory Committee to
recommend appropriate fee structures to the DEQ director.
First sponsor: Rep. Jones
 H2767: W ATER QUALITY FEES       3/18 re tained on House COW calendar.
APA AZ POSITION: NO POSITION



S1135: AGGRAVATED ASSAULT; CODE ENFORCEMENT OFFICER (TECH CORRECTION;
CHILD CUSTODY )


Minor change in Title 25 (marital & domestic relations) related to child custody enforcement.
Apparent striker bus.
First sponsor: Sen. Nelson
 S1135:AGGR AVATED ASSAULT; CO DE ENFORC EMENT O FFIC ER 3/18 Senate COW approved with amend #4299. NOTE
                                                              SHORT TITLE CHANGE.
APA AZ POSITION: NO POSITION



 S1200: GAME & FISH COMMISSION; SELECTION BD (LAND DEPARTMENT; PROCEDURAL
 CORRECTIONS)


Various minor corrections in language related to the State Land Department, including a
requirement that a notice or order of a final decision on classification or appraisal of land must be
mailed to the last known post office address of record.
First sponsor: Sen. Nelson

 S1200:GAME & FISH CO MMISSIO N; SELECTIO N BD 3/18 Senate vote d to re conside r 3/18 failure to pass bill and
                                                    passed 16-7; ready for House .
APA AZ POSITION: NO POSITION



 S1207: MUNICIPAL ANNEXATION (MUNICIPAL ANNEXATION; COUNTY ISLANDS)


For purposes of municipal annexation, all county roadways within the annexation boundaries are
included. Formerly, only those "with no taxable value" were included in the annexation. The copy of
the annexation ordinance must be provided by the municipal clerk to the clerk of the board of
supervisors within 60 of final adoption. AS PASSED SENATE.
First sponsor: Sen. Nelson
 S1207: MUNIC IPAL ANNEXATIO N 3/15 re fe rred to House gov.
APA AZ POSITION: NO POSITION
S1357: REZONING; MAJORITY VOTE


If rezoning of land within a zoning district is proposed, the county board of supervisors of a three -
member board may approve the rezoning in all cases by a simple majority vote. Previously, if 20%
of land owners in the district filed a written protest, a 3/4 majority vote of the board was necessary
for approval. Procedures for a county with a five -member board of supervisors are unchanged, i.e.,
a simple majority if no protest is filed, and a 3/4 majority if a protest is filed. AS PASSED SENATE.
First sponsor: Sen. Pie rce
 S1357:R EZO NING; MAJORITY VOTE 3/15 re fe rred to House gov.
APA AZ POSITION: NO POSITION



 S1359: WATER RESOURCES DEPT; FUND


 Revenue derived from various fees charged by the Dept of Water Resources is deposited in a Water
 Resources Fund established by this act and used to carry out any statutory purpose as contained in
 A.R.S. Title 45 pertaining to waters. Statutes authorizing the Assured and Adequate Water Supp ly
 Administration Fund and the Well Administration and Enforcement Fund are repealed. Emergency
 clause.
First sponsor: Sen. Pie rce
  S1359:W ATER R ESOURC ES DEPT; FUND 3/18 Senate COW approved with amend #4357 and the rules te ch
                                           amendment.
APA AZ POSITION: NO POSITION



 S1362: EMINENT DOMAIN; ATTORNEY FEES; INTEREST


 In an action on eminent domain, the court may award attorney fees and the payment of interest at
 3 percentage points above the federal postjudgment interest rate (in addition to reasonable costs
 already allowed in statute). Also authorizes the court to award reasonable costs and attorney fees if
 the final judgment for compensation to the property owner is 10% more than the plaintiff's last
 best written offer.
First sponsor: Sen. C . Gray
  S1362:EMINENT DOMAIN; ATTOR NEY FEES; INTER EST 3/18 Senate COW approved with floor amend #4688.
APA AZ POSITION: OPPOSE



 S1363: EMINENT DOMAIN; GOVERNING BODY; VOTE


 Specifies information that must be provided to a governing body before the governing body votes
 on a matter of eminent domain. Requires the governor to approve the acquisition of property before
 the property may be taken by a state agency.
First sponsor: Sen. C . Gray
  S1363:EMINENT DOMAIN; GO VER NING BODY; VOTE 3/18 Senate COW approved with amend #4204 and floor amend
                                                    #4689.
APA AZ POSITION: OPPOSE
 S1365: EMINENT DOMAIN; DISCLOSURE VIOLATION


 Moves the deadline to deliver a written offer to purchase property to 120 days prior to filing an
 action for condemnation using eminent domain from 20 days prior. Defines “just compensation” for
 the purposes of the offer to purchase the property. Requires full disclosure in writing regarding the
 final project to be included with the offer to purchase.
First sponsor: Sen. C . Gray
  S1365:EMINENT DOMAIN; DISC LO SUR E VIOLATIO N 3/18 Senate COW approved.
APA AZ POSITION: OPPOSE



 S1366: EMINENT DOMAIN; RELOCATION ASSISTANCE


 Removes the Dept of Transportation's exemption from statutes governing the use of eminent
 domain. Authorizes the Dept to negotiate and purchase property that is expected to be needed for
 future transportation facilities. Allows the department to reimburse municipalities or counties for the
 cost of adjusting or relocating a utility facility within the right-of-way of a public roadway if the
 roadway is modified or improved. Requires programs or projects undertaken using eminent domain
 to ensure that displaced persons benefit more from the program or project than the general public.
 Requires eminent domain relocation assistance to include provide a displacement action plan
 designed to mitigate the social and economic risks associated with the displacement of persons.
 Repeals an article of statute governing relocation assistance for property obtained for state
 highways.
First sponsor: Sen. C . Gray
  S1366:EMINENT DOMAIN; R ELOC ATIO N ASSISTANC E 3/18 Senate COW approved with amend #4352 and floor
                                                       amend #4690.
APA AZ POSITION: OPPOSE



 S1408: AGRICULTURAL BEST MANAGEMENT; DUST; DISTRICTS


 To qualify for an agricultural general permit in those parts of the Phoenix metro area that became
 regulated for PM-10 particulate emissions subsequent to June 1, 2009, the list of best practices that
 must be complied with is expanded to include activities of an irrigation district related to canals and
 unpaved roads.
First sponsor: Sen. Melvin
  S1408:AGRICULTUR AL BEST MANAGEMENT; DUST; DISTRICTS 3/15 re fe rred to House env.
APA AZ POSITION: NO POSITION



S1410: TRUST LAND EXCHANGES; MILITARY PRESERVATION


Authorizes state trust land exchanges with the United States or federal agencies, and disallows
exchanges with private parties. Establishes a 9-member State Trust Land Review Committee to
review, evaluate and comment on proposed exchanges of state trust land. Conditionally enacted on
the voters amending the Arizona Constitution at the 2010 general election to authorize exchanges or
state trust land for other public lands.
First sponsor: Sen. Nelson
S1410:TRUST LAND EXC HANGES; MILITARY PR ESERVATIO N 3/18 Senate COW approved with floor amend #4686, a
                                                          substitute for amend 4200.

APA AZ POSITION: NO POSITION
SCR1046: JURISDICTION OVER INTRASTATE WATERS


The 2010 general election ballot is to carry the question of whethe r to amend Article XVII of the
state Constitution to declare that sole jurisdiction over intrastate waters resides with the state.
First sponsor: Sen. C . Gray
 SCR1046:JURISDICTIO N O VER INTR ASTATE W ATER S 3/18 Senate COW approved.
APA AZ POSITION: NO POSITION



SCR1047: STATE LANDS; MILITARY INSTALLATION PRESERVATION


The 2010 general election ballot is to carry the question of whether to amend Article X of the state
Constitution to permit the state to exchange trust land for other public land of equal or greater
value to assist in the preservation and protection of military installations in the state.
First sponsor: Sen. Nelson

 SCR1047:STATE LANDS; MILITARY INSTALLATIO N PR ESERVATIO N 3/18 Senate COW approved with floor amend
                                                                 #4693, a substitute for amend 4360; the
                                                                 rule s te ch amendment was withdrawn.
APA AZ POSITION: NO POSITION