The National Civic League selected Phoenix as a recipient of the 2009 All-America City Award on Friday, June 19, 2009. It is the fifth time Phoenix has won the award. A delegation of 20 Phoenix community members and employees presented at the All-America City Awards competition last week in Tampa, Florida. National Civic League judges chose Phoenix as one of 10 winners out of 29 finalists who presented. More than 100 cities completed written applications in the spring, seeking to become a finalist.

A committee of approximately 60 people worked collaboratively on the presentation and award application, including 40 Phoenix community members and 20 city employees. Phoenix highlighted the newly developed urban education campuses (Arizona State University Downtown Phoenix Campus and Phoenix Biomedical Campus) providing an economic boost, the Phoenix Parks and Preserve Initiative, and the city’s innovative library teen spaces. Projects chosen helped highlight how the city has involved the community in addressing critical challenges.

No tax dollars were used for any expenses. US Airways, FedEx Express, SuperShuttle, the Greater Phoenix Convention & Visitors Bureau, and the Downtown Phoenix Partnership all donated to the effort. The Phoenix Parks and Conservation Foundation, Friends of the Phoenix Public Library, ASU Downtown Phoenix Campus, and the University of Arizona College of Medicine – Phoenix in Partnership with ASU also supported the delegation.

OTHER INFORMATION

Phoenix previously won the All-America City Award in 1950, 1958, 1980 and 1989. It is the country’s most prestigious community recognition award, honoring communities of all sizes for collaborative projects addressing critical issues.

RECOMMENDATION

This item is for information only. No Council action is requested.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Rick Naimark Deputy City Manager	AGENDA DATE:		June 23, 2009
FROM:	Jerome E. Miller Neighborhood Services Director	ITEM:	2
SUBJECT:	SHOPPING CART RETRIEVAL PROGRAM UPDATE

This report provides the City Council with an updated assessment of the citywide Shopping Cart Retrieval program and requests authorization to continue the program as a cost-recovery service.

THE ISSUE

A citywide pilot shopping cart retrieval program was implemented June 4, 2007. The program was kicked off with a 30-day education campaign to retailers encouraging them to take advantage of available cart retrieval services and other mechanisms to retain carts on their property.

Arizona Cart Retrieval (ACR) was selected through a competitive bid process to administer the program. ACR returns carts to the nearest store and obtains a receipt from the store. An invoice is sent to the store and their corporate office to collect the $20 fee per cart. The vendor is also required to maintain a storage area for unidentified carts and carts not accepted by stores. Stores, or their corporate headquarters, are also billed for carts that are not accepted by store personnel.

The start-up cost of the program was funded at $100,000 from the General Fund with the expectation of eventual full cost recovery and revenues being generated to fund ongoing operations of the program.

OTHER INFORMATION

The current status of the program is as follows:

· The contractual service retrieved over 9,000 carts in the first year of operation.

· From July 1, 2008 – April 30, 2009, an additional 3,963 carts were retrieved from neighborhoods.

· Approximately 14,000 additional carts for stores under contract with ACR are retrieved from neighborhoods each month. (These carts are paid for directly by the stores and not billable under this program.)

· Complaints requesting cart retrieval averaged 111 per month this fiscal year.

· Cart complaints are routinely resolved within 48 hours.

· Initially, weekly sweeps were being conducted in over 160 square miles and complaint response in 354 square miles. Currently, weekly sweeps are conducted in 15-square miles, monthly sweeps occur in 23-square miles, and the remainder is complaint generated.

FINANCIAL IMPACT

Most stores are in compliance with the City Ordinance and are paying their bills. As of the end of April 2009, the program is recovering 97 percent of its expenses.

Currently, the average monthly cost to operate the program is based on the number of carts picked up in the “sweep areas” and from complaints, which is offset by receipt of payments for billable carts. Billable carts found off store properties continue to decrease from a high of 785 in August 2007 to a low of 216 during February 2009. This continuous decrease of carts billed will result in a decrease of revenue. Staff will continue to monitor the program and make monthly adjustments to ensure cost-effectiveness of the program.

The purpose of the program is to encourage stores to keep carts on their property or have mechanisms in place to quickly retrieve them. As stores become more attentive to this issue, carts retrieved could reach a level that would require additional program changes. Staff will continue to monitor expenses and make adjustments to sweep areas to ensure the program continues to achieve cost-recovery but also remains effective in keeping carts on store premises and out of Phoenix neighborhoods.

RECOMMENDATION

The Neighborhood Services Department requests City Council authorization to continue the Shopping Cart Retrieval program through fiscal year 2009-10. The program is currently meeting the policy objectives and recovering its costs. Staff will continue to monitor and report on the program yearly.

CONCURRENCE

This item was approved by the Housing and Neighborhoods Subcommittee at its June 10, 2009 meeting.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Frank Fairbanks City Manager	AGENDA DATE:		June 23, 2009
FROM:	Karen Peters Government Relations Director	ITEM:	3
SUBJECT:	STATE LEGISLATIVE UPDATE

This report seeks approval, guidance, and direction from the Mayor and Council on state legislation of interest to the City.

June 23 is the 163rd day of the First Regular Session of the 49th Legislature. 1207 bills have been introduced to date.

STATE BUDGET UPDATE

The budget showdown between the Governor and legislative leaders took an unprecedented turn on Tuesday when Governor Brewer requested a writ of mandamus from the Arizona Supreme Court to force transmittal of the 10-bill budget package passed by the Legislature on June 4 to her office. The Supreme Court will hear oral argument at 10 a.m. on June 23. Reports continue to circulate that the Governor’s Office is collecting information and developing a plan to administer a state government shut-down in case a budget is not in place by June 30, the last day of the fiscal year.

STATE LEGISLATION OF INTEREST

With a budget package passed, the Senate opened the floodgates on legislation with committee hearings that started on June 8. Since then the Senate has been working at a breakneck pace to consider Senate bills – a process that usually would be allowed five or six weeks compressed to two. In some cases the rules have been suspended regarding notice and posting of “strike-everything” amendments, making it even more difficult than usual for the public to follow legislative activity. In this environment legislative errors are more likely to occur and bad policy to result.

Information that is new (as of June 18, 2009) from the last legislative update report is indicated in bold.

PUBLIC SAFETY

Bills to Support

SB 1018: Burden of Proof; Emergency Treatment (Sen. Carolyn Allen, R – Scottsdale) defines the standard of proof necessary to establish medical malpractice for emergency departments as "clear and convincing." This measure includes paramedics and emergency medical technicians. This bill passed the Senate Health and Medical Liability Reform Committee by a vote of 5 – 2 and now awaits a hearing in the Senate Rules Committee.

SB 1048: Emergency Telecommunication Services; Administrative Costs (Sen. Linda Gray, R – Glendale) increases the amount of monies in the Emergency Telecommunications Services Trust Fund that can be used for administrative costs from 3% to 5%. These dollars are needed to protect the operations of the statewide 911 emergency system. SB 1048 passed the Senate by a vote of 28 – 1 and now awaits a hearing in the House Government Committee.

SB 1050: Motor Vehicles; Child Restraint Systems (Sen. Linda Gray, R – Glendale) expands the requirement for a child younger than 5 riding in a motor vehicle to be restrained by a child restraint system to children under 9 years old if they are below 4’9” tall. This bill passed the Senate Public Safety and Human Services Committee by a vote of 5 – 0 and now awaits a hearing in the Senate Rules Committee.

SB 1398: License Plates; Obscuring Information; Prohibition (Sen. Ken Cheuvront, D – Phoenix) prohibits applying a cover or substances to a license plate that obscures from any angle the number, characters, year validating tabs, or name of the jurisdiction issuing the plate. This bill passed the Senate Natural Resources, Infrastructure, and Public Debt Committee by a vote of 6 – 1 and now awaits a hearing in the Senate Rules Committee.

SB 1414: Theft; Catalytic Converter (Sen. Debbie McCune Davis, D – Phoenix) makes the theft of a catalytic converter a class 4 felony regardless of value. This bill passed Senate Judiciary Committee 7 – 0 and now awaits a hearing in the Senate Rules Committee.

HB 2132: Scrap Metal Dealers; Electronic Submission (Rep. Jerry Weiers, R – Glendale) mandates scrap metal dealers to electronically submit purchase reports to the Arizona Department of Public Safety (DPS). DPS must make the information available to local law enforcement over the internet. HB 2132 passed the House Military Affairs and Public Safety Committee by a vote of 8 – 0 and is awaiting a hearing in the House Commerce Committee.

HB 2148: Human Trafficking; Violation (Rep. Kyrsten Sinema, D – Phoenix) adds all commercial sex acts, or sexually explicit performances, to the crime of sex trafficking, expanding this section of law beyond solely prostitution. This bill passed the House Judiciary Committee by a vote of 8 – 0 and is awaiting action in the House Rules Committee.

HB 2465: Scrap Metal; Theft; Dealers (Rep. Jerry Weiers, R – Glendale) increases the list of prohibited items (manhole covers, catalytic converters, water meters, etc.) that dealers cannot purchase unless authorized. The bill also requires dealers to electronically submit transaction records to the Arizona Department of Public Safety and make a database of such records accessible to local law enforcement. HB 2465 passed Third Read in the House 46 – 5 and now awaits a hearing in the Senate Commerce and Economic Development Committee.

HB 2530: Reckless Driving; Prior Convictions (Rep. Cecil Ash, R – Mesa) establishes enhanced sentencing for reckless driving offenders with prior reckless driving violations. This bill passed the House by a vote of 58 – 0 and now awaits a hearing in Senate Judiciary Committee.

HB 2610: Civil Liability; Affirmative Defenses (Rep. Jim Weiers, R – Phoenix) provides additional defenses for law enforcement personnel against legal actions that may arise from use of police equipment during commission of a felony. HB 2610 passed the Senate Public Safety and Human Services Committee by a vote of 6 – 0 and now awaits a hearing in the House Rules Committee.

Bills to Oppose

SB 1162: GIITEM Appropriation; Multijurisdictional Task Force (Sen. Russell Pearce, R – Mesa) has been amended to prohibit state or local agencies including the city from adopting policies for employees that prohibit reporting on immigration status, establishes a private cause of action to pursue violations with a $5,000 per day civil penalty. The bill also establishes a new class 1 misdemeanor for trespassing by illegal aliens. This bill passed the Senate Appropriations Committee by a vote of 8 – 3 and now awaits a hearing in the Senate Judiciary Committee.

SB 1175: Illegal Aliens; Enforcement; Trespassing (Sen. Russell Pearce, R – Mesa), similar to SB 1162, prohibits cities from adopting ordinances or measures that limit the enforcement of federal immigration laws and creates a new trespassing crime. In addition the bill mandates that government personnel confirm the immigration status of any person they reasonably suspect is unlawfully present in this country, and upon confirming that suspicion, either prosecute that person for a violation of state law or transfer that person to the custody of federal authorities. Staff is concerned that personnel could devote all their time to enforcing immigration laws regardless of the orders issued by their supervisors. The bill also creates a cause of action for anyone who believes that the law is not being adhered to. SB 1175 passed Third Read in the Senate 16 – 12 and now awaits a hearing in the House Judiciary Committee.

SB 1270: Firearms Possession; Concealed Weapons Permit (Sen. Sylvia Allen, R – Snowflake) would allow permitted persons to carry concealed firearms regardless of the wishes of a property owner. Exceptions are made for secured public facilities or other government facilities not accessible to the public. This bill awaits a hearing in the Senate Judiciary Committee.

SB 1338: Law Enforcement Officers; Good Cause (Sen. Russell Pearce, R – Mesa) changes the standards and policies used to discipline law enforcement officers. This measure would preempt the City’s existing, voter-approved disciplinary procedures for these personnel. This bill is awaiting a hearing in the Senate Public Safety and Human Services Committee.

HB 2258: Consumer Fireworks; Novelties; Sales (Rep. Andy Biggs, R – Gilbert) allows for the sale of “consumer fireworks” and “novelties” by dealers licensed by the state fire marshal. Licensing revenues would go into a new fund and used for enforcement of the regulations required by the bill. Staff is concerned with the fire safety and preemption aspects of the bill. HB 2258 passed the House by a vote of 34 – 21 and now awaits a hearing in the Senate Government Institutions Committee.

Bills to Watch

HB 2024: Law Enforcement; Duty Fitness Examination (Rep. John Kavanagh, R – Fountain Hills) mandates that employers of law enforcement and probation officers provide the results of a duty fitness examination to the officer within five days of the receipt of the results if the law or probation officer waives the right to an independent examination. This bill passed the House Military Affairs and Public Safety Committee by a vote of 7 – 0 and now awaits action in the House Rules Committee.

HB 2331: Federal Immigration Law; Enforcement (Rep. Tom Boone, R – Peoria) prohibits cities and counties from enacting ordinances or adopting policies that are intended to prohibit the lawful enforcement of federal immigration laws. Federal law already prohibits such ordinances or policies. The bill passed the House by a vote of 38 – 21 and now awaits a hearing in the Senate Public Safety and Human Services Committee.

HB 2388: School Crossings; Signs (Rep. Andy Biggs, R – Gilbert) makes a number of changes to the signage requirements for school crossings. Staff worked with the bill sponsor in crafting the language for this measure. This bill passed the House Transportation and Infrastructure Committee amended by a vote of 8 – 0. HB 2388 passed Third Read in the House 49 – 2 and now awaits committee assignments in the Senate.

HB 2474: Firearms; Storage; Motor Vehicles (Rep. John Kavanagh, R – Fountain Hills) prohibits property owners, employers, or business entities from restricting a person who lawfully possesses a firearm from storing a firearm in their vehicle that is in a parking lot. The City currently prohibits its employees from having firearms in its workplace which includes parking facilities. HB 2474 passed the House by a vote of 41-10. The bill now awaits a hearing in the Senate Commerce and Economic Developments Committee.

NEIGHBORHOODS

Bills to Support

SB 1108: Landlords; Foreclosures; Tenant Notice (Sen. Leah Landrum Taylor, D – Phoenix) requires landlords to provide notification to tenants of any foreclosure actions and to give 30 days notice to tenants of any scheduled foreclosure sale. This bill awaits a hearing in the Senate Commerce and Economic Development Committee.

HB 2269: Landlords; Tenants; Foreclosures (Rep. Sam Crump, R – Anthem) requires contact information from entities that acquire properties through foreclosure to be disclosed in the property deed. Also, tenants of rental properties must be contacted prior to a trustee sale. This bill passed Third Read in the House 41 – 14 and now awaits a hearing in the Senate Government Institutions Committee.

HB 2551: Criminal Damage; Classification (Rep. Anna Tovar, D – Tolleson) increases the crime of criminal damage in an amount of $250 or less to a class 1 misdemeanor. This bill is being pursued on behalf of the Neighborhood Services Department as an additional tool to discourage graffiti crime. The bill passed Third Read in the House 32 – 21 and now awaits a hearing the Senate Judiciary Committee.

PLANNING & ZONING

Bills to Oppose

SB 1399: GPLET Reform (Sen. Ken Cheuvront, D – Phoenix) changes to statutes governing government property lease excise tax including significantly increasing current tax rates, economic analysis and new notice and disclosure requirements. Staff has concerns that this measure would negatively impact the City. SB 1399 passed the Senate Finance Committee 5 – 1 and now awaits action in the Senate Rules Committee.

HB 2124: Commercial Lease; Sales Taxes (Rep. Andy Biggs, R – Gilbert) exempts from municipal tax the gross proceeds of sales or gross income when a corporation leases property from another corporation, where both corporations are 80% owned by the same shareholders. Staff believes this bill would negatively impact city revenues. HB 2124 passed Third Read in the House 34 – 21 and now awaits a hearing in the Senate Finance Committee.

HB 2259: Local Development Fees; Procedures (Rep. Andy Biggs, R – Gilbert) makes various changes to the statute governing municipal development fees, including broad verbiage that would require all taxes generated by a development to be earmarked and credited against any impact fee computation. Most taxes are used to support the general services a city provides, rather than capital improvements. Staff opposes this language in the bill that can be interpreted to treat taxes as offsets against impact fees. HB 2259 awaits action in the House Committee of the Whole.

Bills to Watch

SB 1295: Government Property Lease Tax Reforms (Sen. John Nelson, R – Litchfield Park) makes reforms to Government Property Lease Excise Tax properties including changing taxation rates, refining the requirements for tax abatement, and increased notice and disclosure. Staff has been closely involved with development of the bill language. This bill passed the Natural Resources, Infrastructure, and Public Debt Committee 5 – 1 and now awaits action in the Senate Rules Committee.

HB 2329: Solar Energy; Permit Fees (Rep. Tom Boone, R – Peoria) caps the fees that municipalities or counties can charge for building permits for solar energy construction. Currently, cities are allowed to recoup the cost associated with administering the inspection process. This bill passed the House Water and Energy Committee by a vote of 8 – 0. HB 2329 passed Third Read in the House 44 – 7 and now awaits a hearing in the Senate Government Institutions Committee.

WATER & ENVIRONMENT

Bills to Support

SB 1288: CAGRD Revenue Bonding; Sustainability Policies (Sen. John Nelson, R – Phoenix) authorizes the Central Arizona Water Conservation District to issue bonds for projects necessary to fulfill its replenishment obligations. Monies for bond repayment shall derive from membership dues assessed on all land parcels within the district and from other revenue sources. The bill strengthens the economic viability of the CAGRD in meeting future obligations to replenish groundwater supplies. SB 1288 passed the Senate Natural Resources, Infrastructure, and Public Debt committee 5 – 2 and now awaits action in the Senate Rules Committee.

SB 1403: Renewable; High-Wage Industries Incentive (Sen. Barbara Leff, R – Paradise Valley) provides income tax credits and property tax reclassifications for renewable energy operations for tax years 2010 through 2014. This bill passed the Third Read in the Senate 16 – 12 and now awaits committee assignments in the House.

HB 2142: County Water Authority; Colorado River (Rep. Nancy McLain, R – Bullhead City) provides additional flexibility for on-river water users to utilize their Colorado River entitlements. HB 2142 passed Third Read by a vote of 52 – 7 and now awaits a hearing in the Senate Natural Resources, Infrastructure, and Public Debt Committee.

HB 2157: Wildlife; Aquatic Invasive Species (Rep. Nancy McLain, R – Bullhead City) permits the Arizona Game and Fish Director to create an aquatic invasive species program. The bill could aid the City’s water treatment facilities. This bill passed the House Committee of the Whole. HB 2157 passed Third Read in the House 46 – 9 and now awaits a hearing in the Senate Natural Resources, Infrastructure, and Public Debt Committee.

HB 2247: Home Sales; Water Supply Disclosure (Rep. Edward Ableser, D – Tempe) requires that developers that build subdivisions outside of active water management areas disclose the subdivision’s water supply to the county clerk at the time of the initial plat. This bill passed the House Commerce Committee by a vote of 6 – 0 and now awaits action in the House Rules Committee.

HB 2336: Community Facilities Districts; Renewable Energy (Rep. Lucy Mason, R- Prescott) permits a county board of supervisors to establish renewable energy incentive districts. This bill passed Third Read by a vote of 49 – 10 and now awaits a hearing in the Senate Government Institutions Committee.

HB 2424: Illegal Dumping; Penalties (Rep. Barbara McGuire, D – Phoenix) establishes requirements and penalties for the removal of trash and other debris on private or public property. Staff worked with the bill sponsor to ensure that the City’s Neighborhood Preservation Ordinance was not impacted. HB 2424 passed the House Committee of the Whole and now awaits a Third Read vote on the House Floor.

ELECTIONS

Bills to Support

SB 1006: Primary Election Date (Sen. Jim Waring, R – Phoenix) returns the primary election date to the eighth Tuesday before the general election in order to avoid having the primary election fall on the day after the Labor Day holiday. When Election Day is the day after the holiday, it presents considerable problems and inconvenience for polling places, precinct board workers and election officials to deliver supplies, and set up and prepare the polling places on the day before the election. Voters are also inconvenienced by the election occurring on the day after a three day holiday weekend. SB 1006 passed the Senate Government Institutions Committee 6 – 2 and now awaits action in the Senate Rules Committee.

HB 2627: Voter Identification; Military Identification (Rep. David Gowan, R – Sierra Vista) specifies the types of identification that can be used in order to vote, including a military identification card, which is currently not acceptable. HB 2427 passed the Senate Judiciary Committee by a vote of 7 – 0 and now awaits a hearing in the Senate Rules Committee.

MISCELLANEOUS

Bills to Support

SB 1063: Domestic Violence Victims; Fee Exemptions (Sen. Jim Waring, R – Phoenix) exempts persons receiving services from a domestic violence shelter from having to pay fees when applying for a duplicate drivers license and birth certificate. This bill passed the Senate Public Safety and Human Services Committee by a vote of 7 – 0 and now awaits action in the Senate Committee of the Whole.

SB 1115: Animals; Fighting (Sen. Jonathan Paton, R – Tucson) changes the statutes related to dog fighting to include any fight in which the intent is for animals to injure each other. This bill passed the Senate Judiciary Committee 6 – 1 and now awaits action in the Senate Rules Committee.

SB 1278: Orders of Protection; Animals (Sen. Jonathan Paton, R – Tucson) allows courts to expand orders of protection in domestic relations matters to animals owned by the couple or the child of the couple. This bill awaits a hearing in the Senate Judiciary Committee.

SB 1318: Geospatial Data; Geographic Information Council (Sen. John Nelson, R – Litchfield Park) establishes the Arizona Geographic Information Council (Council) and prescribes its duties. The bill also updates technological terms in the law relating to geographic information systems. SB 1318 passed the Senate Natural Resources, Infrastructure, and Public Debt Committee by a vote of 6 – 0 and now awaits action in the Senate Rules Committee.

SB 1323: Emergency Mutual Aid Agreements (Sen. Barbara Leff, R – Paradise Valley) allows governmental entities to enter into mutual aid agreements with private water and wastewater companies. This legislation is being pursued on behalf of the Water Services Department. This bill passed Senate Government Institutions committee 8 – 0 and now awaits action in the Senate Rules Committee.

SB 1384: State Aviation Fund (Sen. Thayer Verschoor, R – Gilbert) allows airports owned and operated by an Indian Tribe in Arizona to receive monies from the State Aviation Fund and changes the maximum grant size available to an airport from 10% of current year’s airport revenue to 10% of the average annual revenue of the past three years’ revenue. This bill passed the Senate Appropriations Committee by a vote of 8 – 0 and now awaits action in the Senate Rules Committee.

HB 2129: State Aviation Fund; Grants (Rep. Jerry Weiers, R – Glendale) increases State Aviation Fund grants from a maximum 10% of a facility’s one year average annual revenue to 10% of three year combined revenue. This bill makes it easier for smaller airports to secure state aviation monies. HB 2129 passed the House Appropriations Committee by a vote of 11 – 0. This bill passed Third Read in the House 55 – 0 and now awaits a hearing in the Senate Appropriations Committee.

HB 2144: Insurance; Actuarial Opinions; Financial Audits (Rep. Nancy McLain, R – Bullhead City) requires that by January 1, 2011, every insurer in the state with aggregate premiums of more than $1 million, or with more than 1,000 policyholders, must comply with the financial auditing requirements of the National Association of Insurance Commissioners. Since the City is a purchaser of property and casualty insurance, staff believes that the reporting and confidentiality requirements of the proposed legislation would be beneficial to the City. HB 2144 passed Third Read in the House 50 – 2 and now awaits committee assignments in the Senate.

HB 2253: Publication of Notices; Websites (Rep. Russ Jones, R – Yuma) establishes a study committee to review the requirements of publishing public notices in local newspapers. This bill passed the House by a vote of 52 – 4 and now awaits a hearing in the Senate Government Institutions Committee.

HB 2282: Equine Tripping; Violation (Rep. Kyrsten Sinema, D – Phoenix) establishes a class 1 misdemeanor for horse tripping. This bill passed the House Judiciary Committee by a vote of 8 – 0 and now awaits action in the House Rules Committee.

HB 2390: Escort Vehicles; Training (Rep. Andy Biggs, R – Gilbert) requires that escort vehicle drivers have a minimum of four hours of training in certified traffic control techniques in addition to a valid escort vehicle operator certificate. The bill passed the House by a vote of 52 – 0 and now awaits a hearing in the Senate Natural Resources, Infrastructure and Public Debt Committee.

HB 2399: Automated External Defibrillators (Rep. Nancy Barto, R – Phoenix) establishes that maintenance, testing, and reporting on the use of automated external defibrillators is the responsibility of the person or entity that acquires a defibrillator, instead of a physician who agrees with the person or entity to oversee the defibrillator. This bill passed Third Read in the House 50 – 2 and now awaits a hearing in the Senate Health and Medical Liability Reform Committee.

HB 2431: Vicious Animal Assault; Classification (Rep. Steve Montenegro, R – Litchfield Park) establishes a class 3 felony on persons that intentionally or knowingly cause a dog to bite or inflict serious injury upon another person. This bill passed the House Committee of the Whole and now awaits a Third Read vote in the House.

HB 2458: Dogs; Cats; Release From Pound (Rep. Steve Court, R – Mesa) mandates that a dog or cat that was impounded for biting a person, or for being a stray, must be sterilized and microchipped before being adopted or released to its owner. Certain exceptions apply. This bill passed the House by a vote of 51 – 8 and now awaits a hearing in the Senate Government Institutions Committee.

Bills to Oppose

SB 1142: Public Expenditure Transparency Database (Sen. Jonathan Paton, R – Tucson) requires counties and municipalities to establish and maintain a searchable database on their individual websites that contain comprehensive information on revenue and expenditures by the entity. If enacted, counties and municipalities must have the database functioning either on Jan. 1, 2010 or Jan. 1, 2011 depending on the population of the entity. This legislation would increase City expenditures in order to create and maintain the database. SB 1142 passed the Senate Rules Committee and now awaits action in the Senate Committee of the Whole.

SB 1441: Public Expenditure Transparency (Sen. Al Melvin, R – Tucson) requires municipalities, counties, school districts, charter schools, and community college districts to establish and maintain an official website that is a comprehensive database of expenditures of monies, including funding sources. Staff believes the financial and administration requirements of the legislation would be burdensome and costly. This bill passed the Senate Rules Committee and now awaits action in the Senate Committee of the Whole.

HB 2615: Government Transparency; Political Subdivisions (Rep. Steve Montenegro,

R – Litchfield Park) requires all levels of government to create and maintain a website database of all receipts and expenditures, beginning in January 1, 2011. This legislation would increase City expenditures in order to create and maintain the database. This bill passed the House Committee of the Whole and now awaits Third Read action.

RECOMMENDATION

Staff requests City Council approval, guidance and direction on these State legislative issues impacting the City.

1.	Council Information and Follow-up Requests/Consent Agenda/Call for an Executive Session/Agenda Items/Reports and Budget Updates by the City Manager
2*	Phoenix - 2009 All-America City Award Winner
3.	Shopping Cart Retrieval Program Update
4.	State Legislative Update

Official Web Site of the City of Phoenix