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Council weighs in on pending legislation

Posted 2/23/21

When the Town Council met Feb. 16, it addressed several items before the Arizona Legislature and urged staff to put the town on record as opposing several bills currently making their way through the …

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Council weighs in on pending legislation

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When the Town Council met Feb. 16, it addressed several items before the Arizona Legislature and urged staff to put the town on record as opposing several bills currently making their way through the process.

Town Manager Grady Miller discussed a few of the items and received council consensus to oppose a Senate Bill (SB1687) that would prohibit government use of social media to communicate with the public. This bill is sponsored by Senator Michelle Ugenti-Rita who represents Fountain Hills in the State Senate.

“We are being told already that we don’t communicate enough with the public,” Councilwoman Sharron Grzybowski said in support of opposing the bill.

Miller said another bill making its way through the House (HB2211) would change how sales tax is collected for construction projects. This would allow the tax to be collected from point of sale rather than job site.

This issue has come up in previous years and met with opposition. Miller said the impact on Fountain Hills could be significant related to its construction sales tax. He noted that most material used for projects within Fountain Hills are purchased elsewhere.

The League of Arizona Cities and Towns also opposes the bill and describes it as bad public policy.

Another bill the council asked staff to oppose is Senate Bill (SB1040), which would reduce or eliminate income tax revenue to cities and towns.

Miller also proposed that the council oppose two House bills (HB2716 and HB2861) that are related to building permit review. One bill requires residential building permits to be approved within seven days of receiving them. The other relates to charges for building permit review.

One bill that the council endorsed at staff recommendation is a House bill (HB2685) related to the permitted uses of the Consular Corps identification. There are a number of Consular Corps members who reside in Fountain Hills, including a founder, Enrique Melendez, who is also a former Town Council member.

Councilman Alan Magazine asked the council to vote on a couple of bills he feels the council should oppose.

HB2551 relates to weapons restrictions and would allow individuals with a concealed carry permit to carry weapons into public buildings including libraries, churches, schools and similar facilities unless the building is secured with guards or metal detectors.

“This could result in a lot of crossfire with innocent people being injured or killed,” Magazine said in his motion to oppose.

Mayor Ginny Dickey noted the exceptions outlined by the law where weapons may be banned that include law enforcement facilities and courts.

If someone thinks weapons should be banned at these locations, they apparently think it is dangerous, Dickey noted.

Vice Mayor David Spelich is a law enforcement officer and said it is difficult to obtain a concealed carry permit in Arizona.

“I doubt any (mass shootings) are committed by those with a concealed carry permit,” Spelich said.

Grzybowski disagreed, saying she has a CCW permit herself but has also witnessed people obtaining a permit without proper firearms training.

“The conversation really did become about the permit-holder and the background check/training necessary to become one,” Grzybowski said in an email to The Times.

“While I do think Arizona's CCW statute could be more thorough in its gun-experience requirement, I feel like it puts municipalities that decide not to allow the permit-holders to bring their firearms into the building in a difficult situation.

“During the weekly legislative update call on Feb. 8, the Arizona League of Cities and Towns (estimated) the cost to be a minimum of $140,000 per year per building.”

She believes that is cost prohibitive for smaller communities.

Grzybowski voted with Magazine, Dickey and Councilwoman Peggy McMahon to have council oppose the bill. Spelich and Councilmembers Gerry Friedel and Mike Scharnow voted against taking a stand.

Magazine also asked for a formal vote to oppose SB1452, a bill related to education empowerment scholarships.

Magazine said the bill takes money from public schools, which are already having difficulty finding teachers to fill vacant positions.

Scharnow asked whether this item might be more appropriate for the School Board to address.

“This affects our families, and I don’t think there is a line between the School Board and the town on this,” Magazine said.

Spelich challenged some numbers presented by Magazine, but he abstained from voting as he is an employee of the Arizona Department of Education.

The vote to have the town oppose the bill was 6-0.

At each of its regular meetings the Town Council reviews the weekly Legislative Bulletins put out by the League of Arizona Cities and Towns and decides whether to take a stand on certain bills. The process continues through the legislative session.