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HBACA 2011 Legislative Success!

Monday, February 10, 2014   (0 Comments)
Posted by: Staff
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Early during the 2011 Legislative session, many members of the Arizona Legislature placed a sign in the offices with "Jobs!” in big letters. This was to remind them of their number one focus this year and when it came to the HBACA’s legislative agenda, they responded.

 

 

Our electoral success during the November 2010 election resulted in a number of new legislators getting elected that were very supportive of encouraging economic growth and shrinking the size of government. This allowed the HBACA to have an unprecedented 100% success rate during the 2011 Legislative session. 

Our successes included the following:

  • SB 1525 (development fees, cities and towns) This legislation has been a focus of the HBACA for over five years. SB 1525 is an extensive rewrite of the development fee statutes, which specifies that new growth will pay its fair share but no more; provides a definition of what impact fees can be charged for; and includes additional protections when cities develop their infrastructure plans as the basis for their impact fees. In addition, the bill mandates that any percentage of construction sales tax rate charged higher than the base rate in a municipality be dedicated to infrastructure costs, resulting in a deduction from the total costs allocated to impact fees.
  • HB 2153 (sprinklers, code) prohibits a municipality or county from adopting any code or ordinance that prevents a person from choosing to install fire sprinklers in their home. The legislation pre-empts the 2009 International Residential Building Code mandate that required fire sprinklers be installed in all new single family homes. HB 2153 does grandfather any fire sprinkler mandates that were adopted prior to December 31, 2009.
  • SB 1284 (Registrar of Contractors, arbitration) establishes an arbitration process at the Registrar of Contractors for disputes under $5,000, and an optional process for disputes over $5,000. The arbitration process provides an alternative to complaints being referred to the Office of Administrative Hearing (OAH), and should lower the costs associated with resolving disputes at the ROC. Also includes a provision that allows contractors to bond in the amount of the disputed claim being referred to arbitration, and thus prevents the contractor’s license from being suspended or revoked. Finally, this bill repeals the authority of the Commissioner of ROC from arbitrarily increasing licensing fees for the Recovery Fund and assures that any increases must pass through the legislature.
  • HB 2005 (subdivisions; acting in concert) limits the award for damages associated to any error or omission in the public report to the amount attributable to the error or omission. Current law requires builders to compensate homeowners for the difference in the value of the property, which could be thousands of dollars for each home even if the mistake in the public report was small. This bill ensures that the punishment for an error reflects the true loss of value to the homeowner.
The HBACA plans to continue our work with the cities and towns to assure that SB 1525 is implemented based on negotiations and our understanding of the bill. We encourage all members of the HBACA to attend the Legislative Update on June 8th, 8:30 a.m. at The Compound Grilllocated at 7000 E. Mayo Blvd. to learn more about these bills and other important legislative issues. If you need further information, please contact Spencer Kamps or Scot Mussi.

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