2005 Neighborhood Legislation

New Laws

HB 2647 (Chapter 284, Laws 2005) Liquor Omnibus incorporates several new changes to the liquor statutes, such as: " Allows liquor samplings within grocery stores; " Permits restaurant and bar employees to sample liquor during business hours with some limitations; " Mandates the issuance of new liquor licenses; and " Allows some volunteers at special events to consume alcohol. Staff made several attempts to include language to address hidden ownership issues and to require liquor license applicants to honor promises made during application process. These efforts failed. HB 2647, which was introduced by Representative John McComish, was signed by the Governor on May 11, 2005.

HB 2070 (Chapter 118, Laws 2005) Sexually Violent Persons; Notice; Referral requires the Department of Corrections to make a determination that persons who were convicted of sexual crimes and are being released from prison are not a threat to the community. This bill, which was introduced by Representative John Nelson, was signed by the Governor on April 18, 2005.

SB 1473 (Chapter 327, Laws 2005) Precursor Chemicals; Dangerous Drugs, Bail requires that products containing pseudoephedrine - a key ingredient in the manufacturing of methamphetamine - be sold from behind the counter. Additional penalties were also included for preparing methamphetamine in the presence of children. Earlier amendments which would have required identification, signing of an entry log, and having pseudoephedrine products dispensed only by pharmacists were removed in a conference committee. This bill, which was introduced by Senator Barbara Leff, was signed by the Governor on May 20, 2005.

Bills that Failed

SB 1413 Liquor Licenses; Ownership; Local Agreements created a process to ensure that commitments made to the local community by a liquor license applicant were kept. Failure to have done so could have resulted in a civil penalty and/or suspension of the liquor license. The bill also provided a process for the Department of Liquor and the police to address the problem of hidden ownerships. SB 1413 was introduced by Senator John Huppenthal and passed the Senate by a vote of 22 - 6. This bill was later used for a strike-everything amendment dealing with heavy equipment rental agreements.

HB 2480 Strategic Lawsuits Against Public Participation protected the public's right to participate or petition government by providing people additional legal protections if they were sued by a private company for opposing a project or proposal. HB 2480 was introduced by Representative Steve Tully and never received a hearing in the House Judiciary Committee.

HB 2361 Liquor License Applicants; Local Agreements ensured that commitments made to a local community by a liquor license applicant were honored. Failure to have done so could have resulted in a civil penalty and/or suspension of the liquor license. This bill was introduced by Representative Bill Konopnicki and never received a hearing in the House Commerce Committee.

HB 2304 Sex Offenders; Registration; Lifetime Probation required the court to impose lifetime probation on sex offenders that failed to register. This bill was introduced by Representative John Nelson and never received a hearing in the House Judiciary Committee.

HB 2327 Prostitution; Sentencing mandated increased jail time for persons convicted of prostitution. Staff was concerned with the expected increase in jail costs as well as preemption of the City's diversion programs and sentencing structure. HB 2327 was introduced by Representative Chuck Gray and never received a hearing in the House Counties, Municipalities and Military Affairs Committee.

HB 2530 Unauthorized Assembly of Vehicles; Penalty provided local law enforcement agencies the tools to address the problems associated with problem cruisers. Persons found in violation of the proposed law could have received a civil citation as well as run the risk of having their vehicle towed. This legislation only applied to cities and towns that adopted a cruising ordinance. This bill was introduced by Representative Martha Garcia and never received a hearing in the House Transportation Committee.

HB 2553 Vehicles; Brake Devices; Muffler Requirements placed new requirements on commercial vehicles by prohibiting the use of engine-compression brakes that resulted in excessive noise as well as requiring muffler systems to be in good working order. This legislation was aimed at reducing unnecessary noise levels from commercial vehicles within and around neighborhoods. HB 2553, which was introduced by Representative Debbie McCune Davis, never received a hearing in the House Transportation Committee.

SB 1363 Bar Licenses; Firearms; Posted Notices permitted individuals to carry firearms into a bar unless the bar owner has posted a conspicuous notice prohibiting firearms. Individuals carrying firearms into bars were not permitted to consume alcohol. Senators Jack Harper, Marsha Arzberger, and Karen Johnson, along with several members of the House, introduced this bill. SB 1363 was vetoed by the Governor on April 25, 2005.

SB 1477 Local Planning; Residences; Fee Prohibition restricted the ability of municipalities to adopt ordinances that require residential developers to set aside a percentage of homes as affordable housing. The bill also weakened municipal planning and zoning authority. SB 1477 was introduced by Senator Tim Bee and was vetoed by the Governor on May 9, 2005.

If you have questions about the legislation mentioned above or would like more information about how to get involved next legislative session, please call 602-256-4257.

Last modified on 04/11/2007 13:31:50