Az Commercial Property Lease Settlement Agreement by qgx11821

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									                             Arizona Planning Association
                         Legislative Update - January 28, 2010



                                                APA

APA: Posted Calendars and Committee Hearings
H2153: HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS
Hearing:House Government (Tuesday 02/02/10 at 2:00 PM, House Rm. 4)
H2154: PRIVATE EASEMENTS; MAINTENANCE
Hearing:House Government (Tuesday 02/02/10 at 2:00 PM, House Rm. 4)
H2218: IRRIGATION DISTRICTS; CONTRACTS; CERTIFICATION BOARD
Hearing:House Water & Energy (Thursday 01/28/10 at 9:00 AM, House Rm. 5)
H2241: RENEWABLE ENERGY PRODUCTION TAX CREDIT
Hearing:House Water & Energy (Thursday 01/28/10 at 9:00 AM, House Rm. 5)
H2249: MUNICIPAL DEVELOPMENT FEES; REFUNDS
Hearing:House Government (Tuesday 02/02/10 at 2:00 PM, House Rm. 4)
H2259: DEVELOPMENT FEES; PROPORTIONAL SHARE
Hearing:House Government (Tuesday 02/02/10 at 2:00 PM, House Rm. 4)
H2428: COUNTY ZONING HEARINGS; APPEAL
Hearing:House Government (Tuesday 02/02/10 at 2:00 PM, House Rm. 4)
H2442: GREENHOUSE GAS EMISSIONS; REGULATIONS
Hearing:House Environment (Tuesday 02/02/10 at 2:00 PM, House Rm. 5)
H2596: FREE EXERCISE OF RELIGION
Hearing:House Government (Tuesday 02/02/10 at 2:00 PM, House Rm. 4)
S1140: COUNTIES; BOARDS OF ADJUSTMENT
Hearing:Senate Rules (Monday 02/01/10, Senate Caucus Rm.)
Hearing:Senate Government Institutions (Thursday 01/28/10 at 10:30 AM, Senate Rm. 1)
S1141: CAGRD REVENUE BONDING; SUSTAINABILITY POLICIES
Hearing:Senate Natural Resources, Infrastructure & Public Debt (Monday 02/01/10 at 1:30 PM,
Senate Rm. 109)
SCR1033: REPEAL 1998 PROP 105
Hearing:Senate Appropriations (Tuesday 02/02/10 at 1:30 PM, Senate Rm. 109)


APA: Bill Summaries


H2003: 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




H2060: PUBLIC CONSERVATION MONIES; TRANSFER




                                                  1
Extends for one year to fiscal 2011-12 the annual appropriation of $20 million from the General
Fund to the public conservation account controlled by the State Parks Board and dedicated to land
acquisition for conservation purposes. [Note: the annual appropriation was to have expired in the
fiscal year 2010-11.] The entire $20 million appropriated to the fund for fiscal 2008-09 is
transferred to other state agencies. Because this act changes a voter-approved initiative, passage
requires a 3/4 majority in each chamber (Prop 105 clause). Emergency clause.
First sponsor: Rep. Nichols
 H2060:PUBLIC CONSERVATION MONIES; TRANSFER 1/19 from House gov do pass.


H2081: DEPARTMENT OF WATER RESOURCES; CONTINUATION


The statutory life of the Department of Water Resources is extended ten years to July 1, 2020. A
purpose section states the department is intended to stabilize the use of water through
management and standards, be a focal point for water policy and maintain information regarding
effective administration and planning for water resources. Retroactive to July 1, 2010.
First sponsor: Rep. Mason
 H2081:DEPARTMENT OF WATER RESOURCES; CONTINUATION 1/21 from House water-energy do pass.


H2096: TECH CORRECTION; AZ DEVELOPMENT AUTHORITY


Minor change in Title 41 (state government) related to the Greater Arizona Development Authority.
Apparent striker bus.
First sponsor: Rep. Seel




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 of supervisors are not required to
readopt an existing comprehensive plan or adopt a new one until July 1, 2015.
First sponsor: Rep. Konopnicki
 H2145:COUNTY PLANNING & ZONING 1/19 from House gov do pass.


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.
First sponsor: Rep. Konopnicki
 H2146:TRUST LANDS; LOSS OF LEASE 1/25 House nat res-rural held.


H2153: HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS


Homeowners' associations in planned communities have no authority over any public roadways or
easements.
First sponsor: Rep. Barto
 H2153:HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS 1/13 referred to House gov.


H2154: PRIVATE EASEMENTS; MAINTENANCE


Owners of private right-of-ways and easements and owners of land attached to an easement must



                                                      2
maintain the easement, either as provided in an agreement among the owners or, if there is no
agreement, where the cost is shard proportionally according to each owner's use of the easement.
First sponsor: Rep. Barto
 H2154:PRIVATE EASEMENTS; MAINTENANCE 1/20 referred to House gov.


H2163: TECH CORRECTION; POWER AUTHORITY; MONIES


Minor change in Title 30 (power) related to monies controlled by the Arizona Power Authority.
Apparent striker bus.
First sponsor: Rep. Nichols




H2164: TECH CORRECTION; POWER AUTHORITY; WATER


Minor change in Title 30 (power) related to water rights. Apparent striker bus.
First sponsor: Rep. Nichols



H2180: AQUIFER PROTECTION PERMITS; NATURAL GAS


Class 2 injection wells that are used in connection with natural gas storage projects and are subject
to regulation under the federal Safe Drinking Water Act are added to the list of amenities that are
exempt from aquifer protection permit requirements.
First sponsor: Rep. Seel
 H2180:AQUIFER PROTECTION PERMITS; NATURAL GAS 1/19 referred to House water-energy.


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.
First sponsor: Rep. Jerry Weiers
 H2188:STATE TRUST LANDS; VETERANS' CEMETERIES 1/20 From House mil-pub do pass.


H2195: VETERANS' SERVICES; MILITARY INSTALLATION FUND


Statutory authority to transfer acquired real estate, property rights and related infrastructure 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. Jerry Weiers
 H2195:VETERANS' SERVICES; MILITARY INSTALLATION FUND 1/20 referred to House mil-pub.


H2209: PUBLIC MEETINGS; NOTICES


Public notices of meetings of public bodies must be conspicuously posted on the public body's
website. Removes requirements for public meeting notices to be posted with the Secretary of State,
clerk of the county board of supervisors, or city clerk. The requirement for state agencies to
annually publish the names of employees designated to assist members of the public is extended to
all state agencies (previously applied to state agencies with more than 100 employees).
First sponsor: Rep. Reagan
 H2209:PUBLIC MEETINGS; NOTICES 1/20 from House com with amend #4011.




                                                     3
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. Municipalities and counties are prohibited from adopting requirements for
landlords or tenants relating to control of household pests.
First sponsor: Rep. Reagan
 H2210:LANDLORD TENANT OBLIGATIONS; PEST CONTROL 1/27 from House com with amend #4039.


H2216: AIR QUALITY; VAPOR RECOVERY; TANKS


Owners and operators of gasoline storage tanks, gasoline transport vehicles or gasoline dispensing
sites that install new stage 1 and stage 2 vapor recovery systems or make major modifications to
existing system must install a tank management system and in-station diagnostic system that are
approved by the California Air Resources Board.
First sponsor: Rep. Chabin
 H2216:AIR QUALITY; VAPOR RECOVERY; TANKS 1/20 referred to House env.


H2218: IRRIGATION DISTRICTS; CONTRACTS; CERTIFICATION BOARD


The maximum amount that an irrigation and water conservation district may spend on a project
without advertising for bids is increased to $30,000. Emergency clause.
First sponsor: Rep. Jim Weiers
 H2218:IRRIGATION DISTRICTS; CONTRACTS; CERTIFICATION BOARD 1/28 from House water-energy do pass.


H2241: RENEWABLE ENERGY PRODUCTION TAX CREDIT


Beginning tax year 2011, creates an individual and corporate income tax credit for the production of
electricity using renewable energy resources. Specifies credit amounts based on the amount of
electricity generated and the production source.
First sponsor: Rep. McComish
 H2241:RENEWABLE ENERGY PRODUCTION TAX CREDIT 1/28 from House water-energy with amend #4052.


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 payor. Exempts development fees for
water resource, wastewater or sewer facilities.
First sponsor: Rep. Biggs
 H2249:MUNICIPAL DEVELOPMENT FEES; REFUNDS 1/20 referred to House gov.


H2257: MUNICIPAL TAXATION & FEES; NOTICE


Municipalities may not levy or assess any new or additional taxes or fees (including rate increases)
on commercial entities unless the municipality gives written notice at least 90 days before the tax
or fee becomes effective and releases a report identifying the methodology for calculating the tax or
fee. Municipalities may not avoid these requirements by imposing a new or modified tax or fee as
an emergency measure.
First sponsor: Rep. Antenori
 H2257:MUNICIPAL TAXATION & FEES; NOTICE 1/20 referred to House gov.




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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; PROPORTIONAL SHARE 1/20 referred to House gov.


H2260: REGULATORY RULE MAKING


Various changes to statutes governing regulatory rule making, including creating a “general permit”
(defined) and requiring new permit rules to use general permits except in specified circumstances,
prohibiting rules that are more stringent than federal law without express statutory authority, and
allowing summary rule making for the repeal of “ineffective” rules that do not increase compliance
costs or reduce entity rights.
First sponsor: Rep. Tobin
 H2260:REGULATORY RULE MAKING 1/27 from House com with amend #4041.


H2279: TECH CORRECTION; STATE LAND; SALE


Minor change in Title 37 (public lands) relating to the sale of state lands. Apparent striker bus.
First sponsor: Rep. Stevens




H2289: WATER RECHARGE; DIRECT USE


Groundwater delivered for direct use to an irrigation district within the same active management
area is excluded from the calculation of the amount of groundwater withdrawn by a storer, to the
extent that the irrigation district demonstrates a reduction in the amount of groundwater the
district would have withdrawn.
First sponsor: Rep. Pratt
 H2289:WATER RECHARGE; DIRECT USE 1/19 referred to House env.


H2290: WASTE TIRES IN ABANDONED MINES


Through December 31, 2015, waste tires may be placed in abandoned mines as fill material for the
closure of the mine, with final cover consisting of earthen material that is at least 10 feet deep.
Creates an abandoned mine reclamation working group to evaluate the use of waste tires as fill
material for abandoned mines. The working group self-repeals January 1, 2016.
First sponsor: Rep. Jones
 H2290:WASTE TIRES IN ABANDONED MINES 1/26 from House nat res-rural do pass.


H2340: GOVERNMENT; GRANT OF PUBLIC MONIES


State departments, state agencies, and political subdivisions cannot award, grant or appropriate
public monies to a private entity or sell any property without complying with the procurement code
or a similar public bidding process. Does not apply to money awarded by a court or that is part of a
settlement agreement.
First sponsor: Rep. Antenori
 H2340:GOVERNMENT; GRANT OF PUBLIC MONIES 1/26 House gov held.




                                                     5
H2345: HOA; CONDOS; FEES; SIGNS


Homeowners' associations or HOA representatives cannot charge unit owners any fee for providing
a statement for the homeowner to acknowledge a contract between the homeowner and the HOA,
or for the transfer or inspection of an interest in a lot or unit. An HOA cannot regulate real estate
open house or other temporary for sale signs.
First sponsor: Rep. Antenori
 H2345:HOA; CONDOS; FEES; SIGNS 1/19 referred to House gov.


H2355: PLANNED COMMUNITIES; ENERGY SAVINGS DEVICES


An HOA may not prohibit the installation and use of named energy savings devices (such as
awnings, attic or garage fans and outdoor fluorescent lighting). The association may adopt
reasonable rules regarding placement and color of the devices.
First sponsor: Rep. Sinema
 H2355:PLANNED COMMUNITIES; ENERGY SAVINGS DEVICES 1/19 referred to House gov.


H2356: GREEN BUILDINGS; RECOVERY FUNDING


Various public buildings and private buildings constructed with a minimum of 50% public funds
must conform to a minimum energy efficiency standard. Applies to construction that enters the
design phase after Dec. 31. 2013. Existing public buildings undergoing energy retrofitting equal to
at least 35% of the value of the existing building must also conform to the standard. Federal
recovery funds are to be used for these buildings when possible. Additionally, recovery funds are
made available for residential weatherization projects.
First sponsor: Rep. Sinema
 H2356:GREEN BUILDINGS; RECOVERY FUNDING 1/20 referred to House water-energy, com.


H2396: HOA; REGISTRATION; DISCLOSURE


Beginning January 1, 2011, homeowners' associations must register with the Secretary of State,
and must provide specified information to the Secretary of State instead of recording the
information in the office of the county recorder. The Secretary of State must post this information
on the website in a form that makes it available to the public.
First sponsor: Rep. Chad Campbell
 H2396:HOA; REGISTRATION; DISCLOSURE 1/19 referred to House gov.


H2417: BANK CREATED MONIES; TRANSPORTATION INFRASTRUCTURE


The funding of all public transportation infrastructure must be achieved through the use of banks to
create monies under the provisions of this legislation. Governmental agencies sponsoring a
transportation project must submit documentation, including a bid value, to the State Treasurer.
The Treasurer must notify all banks of the project and divide the bid value among all banks in
proportion to their capital as of their most recent financial reports. Using the accepted ability of
banks to create monies, each bank must create monies equal to its share of the bid value and
electronically transfer the monies to the Treasurer. Session law requires the Treasurer and the
Department of Transportation to complete a pilot project to test this procedure, and requires the
first project after the pilot to be a light rail transit system. Emergency clause.
First sponsor: Rep. Seel
 H2417:BANK CREATED MONIES; TRANSPORTATION INFRASTRUCTURE 1/21 referred to House trans-inf, appro.


H2428: COUNTY ZONING HEARINGS; APPEAL



                                                     6
Allows county boards of supervisors to authorize boards of adjustment to review decisions by a
hearing officer on zoning violations and render a final decision.
First sponsor: Rep. Driggs
 H2428:COUNTY ZONING HEARINGS; APPEAL 1/20 referred to House gov.


H2442: GREENHOUSE GAS EMISSIONS; REGULATIONS


State agencies are prohibited from adopting or enforcing regulations on the emission of greenhouse
gas (defined) without express legislative authorization.
First sponsor: Rep. Burges
 H2442:GREENHOUSE GAS EMISSIONS; REGULATIONS 1/20 referred to House env.


H2476: CONDOMINIUMS; RESTRICTED USE


Amendments to condominium declarations that increase the restricted uses of a unit no longer
require the unanimous consent of the unit owners.
First sponsor: Rep. Konopnicki
 H2476:CONDOMINIUMS; RESTRICTED USE 1/19 referred to House gov.


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. Konopnicki
 H2477:CIVIL ACTIONS; PUBLIC EMPLOYEE; DEFINITION 1/25 referred to House jud.


H2504: GPLET; LEASE RECORDS AND REPORTING


Beginning January 1, 2011, increases tax rates for property eligible for reduced taxes under a
government property lease excise tax (GPLET) by 52%. The Department of Revenue is required to
adjust the GPLET tax rates each year by the average change in the producer price index for new
construction over the 2 most recent fiscal years. Establishes various reporting requirements relating
to GPLET property. More.
First sponsor: Rep. Murphy
 H2504:GPLET; LEASE RECORDS AND REPORTING 1/19 referred to House ways-means.


H2574: RENEWABLE ENERGY DISTRICTS


The list of county and municipal improvement districts that may be formed is expanded to include
those established to install and maintain improvements related to energy efficiency, renewable
energy, water conservation and water management.
First sponsor: Rep. Mason
 H2574:RENEWABLE ENERGY DISTRICTS 1/21 referred to House water-energy, gov.


H2581: TECH CORRECTION; AIR POLLUTION ORDERS


Minor change in Title 49 (the environment) related to state air pollution control. Apparent striker
bus.
First sponsor: Rep. Barnes




                                                      7
H2583: TECH CORRECTION; WATER QUALITY FUND


Minor change in Title 49 (the environment) related to water quality control. Apparent striker bus.
First sponsor: Rep. Barnes




H2584: TECH CORRECTION; WATER QUALITY


Minor change in Title 49 (the environment) related to water quality. Apparent striker bus.
First sponsor: Rep. Barnes




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 institutions,
regardless of a compelling governmental interest. Some exceptions.
First sponsor: Rep. Yarbrough
 H2596:FREE EXERCISE OF RELIGION 1/25 referred to House gov.


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:SUBDIVISIONS; ACTING IN CONCERT 1/28 referred to House gov.


H2615: EMERGENCY COMM; ANTENNAE; ACCOMMODATION


Counties, municipalities and HOAs must make accommodations for amateur radio station
emergency service communications antennae and structures.
First sponsor: Rep. McLain
 H2615:EMERGENCY COMM; ANTENNAE; ACCOMMODATION 1/28 referred to House mil-pub.


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:REGULATORY REFORM: MINING; WATER; PERMITS 1/28 referred to House nat res-rural.




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HCR2007: STATE TRUST LANDS; VETERANS' CEMETERIES


The 2010 general election ballot is to carry the question of whether to amend the state Constitution
to permit state trust land to be leased for use as veterans' cemeteries without the otherwise
required auction process.
First sponsor: Rep. Jerry Weiers
 HCR2007:STATE TRUST LANDS; VETERANS' CEMETERIES 1/20 From House mil-pub do pass.


HCR2010: REPEAL 1998 PROP 105


The 2010 general election ballot is to carry the question of whether to amend Article IV, Part 1,
Section 1, of the state Constitution to repeal the Voter Protection amendment added as Prop 105 in
1998.
First sponsor: Rep. Gowan




HCR2015: NAVAJO GENERATING STATION; EMISSIONS STANDARDS


The Legislature expresses its support for emissions standards for the Navajo Generating Station
that balance the need for clean air with state and tribal water, economic and employment needs.
First sponsor: Rep. Tobin
 HCR2015:NAVAJO GENERATING STATION; EMISSIONS STANDARDS 1/25 referred to House env.


HCR2033: DEVELOPMENT FEES; AUTHORITY


The 2010 general election ballot is to carry the question of whether to amend Articles XII and XIII
of the state Constitution to empower counties and municipalities to implement development fees
and that the Legislature is prohibited from impeding this authority.
First sponsor: Rep. Chad Campbell



HCR2034: PUBLIC AGENCY LOBBYISTS


The 2010 general election ballot is to carry the question of whether to amend Title 41 (state
government) of Arizona Revised Statutes to prohibit public officers or public employees from
lobbying the Legislature on behalf of the public entity. Public resources shall likewise not be used to
lobby the Legislature.
First sponsor: Rep. Seel




HR2001: CHICAGO CUBS; SPRING TRAINING


The House recognizes the "tremendous economic and cultural benefits" have accrued to the state as
a result of the Chicago Cubs' training here and realizes the importance of the efforts to retain the
team as members of the Cactus League. The secretary of state is instructed to forward a copy of
this resolution to the team.
First sponsor: Rep. McComish
 HR2001:CHICAGO CUBS; SPRING TRAINING 1/26 referred to House rules only.


S1012: HOA & CONDOS; MEETINGS



                                                     9
Members of condo or HOA associations who are delinquent in the payment of a monetary penalty
cannot be barred from signing a petition calling for removal of a board member. The list of agenda
items for which the board may close a meeting is expanded to include discussion of a unit owner's
appeal of a violation or penalty imposed by the association. Language is added governing meetings
of the association board; covered items include: agendas, quorums, closed meetings, emergency
meetings and instances when action may be taken without a formal meeting. Courts are given
discretion to impose a limit on attorney fees awarded as part of an association lien on a unit for
non-payment of an assessment.
First sponsor: Sen. Harper
 S1012:HOA & CONDOS; MEETINGS 1/11 referred to Senate gov inst.


S1077: TECH CORRECTION; STATE TRUST LANDS


Minor change in Title 37 (public lands) related to trust lands suitable for conservation. Apparent
striker bus.
First sponsor: Sen. Paton
 S1077:TECH CORRECTION; STATE TRUST LANDS 1/14 referred to Senate rules only.


S1127: HOMESTEAD EXEMPTION; AMOUNT


The value of the homestead exemption from attachment or forced sale in a bankruptcy is increased
to $500,000 from $150,000. Applies to any claim of homestead made before or after the effective
date of this act.
First sponsor: Sen. Melvin
 S1127:HOMESTEAD EXEMPTION; AMOUNT 1/27 Senate fin held.


S1140: COUNTIES; BOARDS OF ADJUSTMENT


Counties' authority to establish boards of adjustment to interpret zoning ordinances on appeal and
to issue zoning waivers is changed so that they may set up either one board with countywide
jurisdiction or one board for each supervisorial district.
First sponsor: Sen. Tibshraeny
 S1140:COUNTIES; BOARDS OF ADJUSTMENT 1/28 Senate gov inst do pass; report awaited.


S1141: CAGRD REVENUE BONDING; SUSTAINABILITY POLICIES


The list of actions which the Central Arizona Groundwater Replenishment District may perform is
expanded to include issuing revenue bonds and charging annual dues for membership against each
parcel or member land and each municipal provider that has a members service area. A section is
added establishing the process used to determine the amount of dues to be charged to each
member and municipality.
First sponsor: Sen. Nelson
 S1141:CAGRD REVENUE BONDING; SUSTAINABILITY POLICIES 1/19 referred to Senate nat res-inf.


S1149: TECH CORRECTION; TELEVISION DISTRICT ESTABLISHMENT


Minor change in Title 48 (special axing districts) related to county television improvement districts.
Apparent striker bus.
First sponsor: Sen. S. Allen
 S1149:TECH CORRECTION; TELEVISION DISTRICT ESTABLISHMENT 1/20 referred to Senate rules only.




                                                     10
S1150: TECH CORRECTION; AIR POLLUTION; PERMITS


Minor change in Title 49 (the environment) related to state air pollution control. Apparent striker
bus.
First sponsor: Sen. S. Allen
 S1150:TECH CORRECTION; AIR POLLUTION; PERMITS 1/20 referred to Senate rules only.


S1178: TECH CORRECTION; TRUST LANDS; ACCESS


Minor change in Title 37 (public lands) relating to trust lands suitable for conservation. Apparent
striker bus.
First sponsor: Sen. Pierce
 S1178:TECH CORRECTION; TRUST LANDS; ACCESS 1/21 referred to Senate rules only.


S1192: GAMBLING; CITIES AND TOWNS


Municipalities are authorized to engage in any form of regulated gambling, including horse or dog
racing, boxing, bingo or any game allowed on Indian reservations in the state. Any municiality that
engages in gambling foregoes distributions of urban revenue sharing. Enactment is conditional upon
an Indian tribe offering Class III gaming outside the boundaries of that tribe's formal boundaries as
of a date left blank in original.
First sponsor: Sen. Harper
 S1192:GAMBLING; CITIES AND TOWNS 1/25 referred to Senate jud.


S1195: LAND DEPARTMENT; FEES; FUNDS


The State Land Dept is authorized to establish by rule a fee structure for services performed by the
department, including permits, sales, leases, apprisals and use.
First sponsor: Sen. Nelson
 S1195:LAND DEPARTMENT; FEES; FUNDS 1/26 referred to Senate nat res-inf, appro.


S1200: 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:LAND DEPARTMENT; PROCEDURAL CORRECTIONS 1/26 referred to Senate nat res-inf.


S1206: COUNTIES; PLANNING; DEVELOPMENT; DISTRICTS; ADMIN


Statutes pertaining to county planning and zoning are repealed and rewritten. Impossible to
determine net effect without line-by-line comparison.
First sponsor: Sen. Paton
 S1206:COUNTIES; PLANNING; DEVELOPMENT; DISTRICTS; ADMIN 1/26 referred to Senate gov inst.


S1207: MUNICIPAL ANNEXATION; COUNTY ISLANDS


For purposes of municipal annexation, the prohibition against making changes to the territory
sought for annexation once the petition has been signed by a property owner is lifted if the territory



                                                      11
within a county island. 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.
First sponsor: Sen. Nelson
 S1207:MUNICIPAL ANNEXATION; COUNTY ISLANDS 1/26 referred to Senate gov inst.


S1223: UNDERGROUND WATER STORAGE; PREEXISTING USE


Statute regulating the use of natural waterways to carry water of water projects does not authorize
interference with lawful land uses that were in existence at the time an underground storage facility
permit was issued.
First sponsor: Sen. S. Allen
 S1223:UNDERGROUND WATER STORAGE; PREEXISTING USE 1/28 referred to Senate nat res-inf.


S1238: AIR PERMITS; BEGIN ACTUAL CONSTRUCTION


The list of activities that may precede granting of a federal air-quality control permit is expanded to
include clearing and grading (including demolition and removal of existing structures), construction
of access roads and parking lots, construction of ancillary structures such as fences or storage
buildings, and ordering and storage of materials and equipment. The list of activities that may
precede granting of any other air-quality control permit is expanded to include clearing and grading
(including demolition and removal of existing structures), construction of access roads and parking
lots, construction of ancillary structures, storage of materials and equipment, installation of
underground utilities, and installation of building and equipment supports. Conditionally enacted on
the U.S. Environmental Protection Agency approving these revisions to the air quality
implementation plan.
First sponsor: Sen. S. Allen
 S1238:AIR PERMITS; BEGIN ACTUAL CONSTRUCTION 1/28 referred to Senate nat res-inf.


S1240: MUNICIPALITIES; COUNTIES; LAND USE PLANNING


Municipal and county land use plans must include identification and consideration of undeveloped
construction mineral resources that are potentially suitable for extraction and use in the
construction of future development.
First sponsor: Sen. S. Allen
 S1240:MUNICIPALITIES; COUNTIES; LAND USE PLANNING 1/28 referred to Senate nat res-inf.


S1241: WATER RECHARGE; DIRECT USE


Groundwater delivered for direct use to an irrigation district within the same active management
area is excluded from the calculation of the amount of groundwater withdrawn by a storer, to the
extent that the irrigation district demonstrates a reduction in the amount of groundwater the
district would have withdrawn.
First sponsor: Sen. S. Allen
 S1241:WATER RECHARGE; DIRECT USE 1/28 referred to Senate nat res-inf.


S1269: RENEWABLE ENERGY INCENTIVE DISTS; FORMATION


Before a municipality forms a renewable energy incentive district, it must identify the boundaries of
the district, notify private property owners within the proposed boundaries and all owners within
one mile of the district, publish notice of the proposed formation and hold at least one public
hearing.
First sponsor: Sen. Paton




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 S1269:RENEWABLE ENERGY INCENTIVE DISTS; FORMATION 1/28 referred to Senate gov inst.


S1270: HOMEOWNERS' ASSOCIATIONS; AWNINGS


HOAs and condo associations are prohibited from preventing installation or use of awnings intended
to act as energy saving devices. Associations may adopt reasonable rules governing aesthetics,
dimensions, placement and appearance. A court shall award fees and costs to a party that prevails
against a condo board of directors in a matter regarding awnings.
First sponsor: Sen. Melvin
 S1270:HOMEOWNERS' ASSOCIATIONS; AWNINGS 1/28 referred to Senate gov inst.


S1276: WATER MONITORING ASSISTANCE PROGRAM; CONTINUATION


The stautory life of the water monitoring assistance program is extended 10 years to Dec. 31,
2020. The program assists public water systems to comply with monitoring requirements under the
federal Safe Water Drinking Act.
First sponsor: Sen. Nelson
 S1276:WATER MONITORING ASSISTANCE PROGRAM; CONTINUATION 1/28 referred to Senate nat res-inf.


S1278: SENIOR VILLAGE; INCORPORATION; SR DEVELOPMENT


Summary to come
First sponsor: Sen. Melvin




SCR1017: TECH CORRECTION; STATE LANDS; PRICE


Proposes a minor change in Title X, Section 5, of the state Constitution related to the sale of state
trust land. Apparent striker bus for a ballot proposition.
First sponsor: Sen. Nelson
 SCR1017:TECH CORRECTION; STATE LANDS; PRICE 1/19 referred to Senate rules only.


SCR1019: TECH CORRECTION; STATE TRUST LANDS


Proposes a minor change in Title X, Section 4, of the state Constitution related to the sale of state
trust land. Apparent striker bus for a ballot proposition.
First sponsor: Sen. Nelson
 SCR1019:TECH CORRECTION; STATE TRUST LANDS 1/19 referred to Senate rules only.


SCR1033: REPEAL 1998 PROP 105


The 2010 general election ballot is to carry the question of whether to amend Article IV, Part 1,
Section 1 of the state Constitution to repeal the restrictions on the Legislature's authority to repeal
or amend a voter-approved initiative. This limitation of legislative authority was itself approved by
voters in 1998 as Proposition 105.
First sponsor: Sen. Pearce
 SCR1033:REPEAL 1998 PROP 105 1/26 referred to Senate appro.

    clear




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