Legislative review: Bills affect local control

Focus on home businesses, court reform, PTSD

Editor’s note: This is the second of a four-part overview of the 53rd Arizona Legislature Second Regular Session. This part touches on the outcome of bills affecting local control, court reform and post traumatic stress disorder.

A legislative review contained a mix of good and bad news for the Yuma City Council. Scott A. Smith, senior vice president of government affairs at HighGround Public Affairs Consultants, gave the overview of the 53rd Arizona Legislature Second Regular Session last month.

Smith noted that the Legislature “remains hostile” toward local governments and local control. Follows is an overview of some of the bills considered during the most recent legislative session, with several related to local control.

LOCAL CONTROL BILLS

Several bills centered on home-based businesses, including Senate Bill 1002, SB 1175, SB 1387 and House Bill 2333. These bills restricted a city or town’s ability to regulate home-based businesses, prohibiting them from permitting, licensing or otherwise regulating the operation of a “no-impact” home based business. All the bills were defeated.

HB 2371 establishes statewide food and health safety licensing standards and standardizes local regulation of food truck operations. Cities and towns may continue to enforce current regulations and zoning codes unless prohibited by law.

It restricts operation in residential areas and at locations with insufficient parking capacity. It maintains local licensing requirements.

The original bill was “favorably” amended and signed into law. Smith noted that his firm works to protect local control but there are times when opponents have strong arguments. In this case, the League of Arizona Cities and Towns decided it was better to work on a compromise rather than lose the battle. He expects more food truck legislation in the future.

SB 1404 proposed prohibiting cities, towns and counties from imposing new licensing requirements, levying new occupational fees or increasing any existing occupational fees on an individual. The

bill was defeated.

HB 2532 is a compromise bill that requires public hearings to demonstrate necessity before adopting a new occupational license. A sunset review of existing licenses is required within five years. The bill was “favorably” amended and signed into law.

SB 1140 establishes a uniform video service license and allows cable companies to terminate existing franchise license agreements after Jan. 1, 2020. This bill was “not favorably” amended and signed into law.

It prohibits public hearing and council action on the license; cost recovery for license application; buildout and line extension requirements; and regulation beyond license issuance and right-of-way management.

Cable-related disputes will be overseen by the Office of Administrative Hearings.

Smith said they “fought tooth and nail” against this bill, but they were at a disadvantage.

“We were competing against some of the largest corporations at the state who carried more clout at the state than we did,” he noted, adding that they lost this battle, but at least they kept the original bill from getting to the floor.

Smith predicts that this new law will have major ramifications and anticipates this issue is going to be further evaluated in sessions to come.

COURT REFORM

The Legislature considered a number of judicial and court reform bills. Among them was SB 1374, which proposed modifications to SB 1487, including:

— Increased timeline for attorney general and municipality responses;

— Requirement that claims against municipalities can only come from a legislator who has all or a portion of that municipality within their legislative district;

— Municipality access to courts for a “does violate”;

— Reimbursement for municipality fees and costs for a “does not violate”;

— Elimination of bond requirement for a “may violate.” It failed to pass. Three bills sponsored by Sen. John Kavanagh were in response to a Goldwater Institute “investigative report.” SB 1017 proposed to authorize any municipal court decision to be appealed; SB 1035 would have swept city/town court funds in excess of a cap; SB 1119 would have required municipal judges to be retained at the ballot.

“All bills were problematic and all three failed to pass,” Smith said.

POST TRAUMATIC STRESS DISORDER

In 2016, the Legislature required employers to provide 12 counseling visits for employees who may have PTSD. Smith noted that the original version of 2018 legislation HB 2502 created PTSD presumption, tolling of workers’ compensation, unlimited visits, employer payment of salary when an employee is unfit for duty, etc.

A negotiated version of the bill increased visits from 12 to 36, limits treatment from psychologists and psychiatrists only, and requires exhausting all other benefits before paying salary if determined to be unfit for duty.

The bill was signed into law.

Smith said the original version would have been “incredibly problematic and expensive” for cities and towns. The negotiated bill was a “reasonable solution” that expands the counseling opportunities for public employees. Smith called it a “huge compromise on both sides.”

Tomorrow: Bills related to sober living homes, street lighting improvement districts, campaign finance and other bills of interest that have been enacted.