On January 31, 1990, upon the recommendation of Mayor Terry Goddard, the Phoenix City Council created the U.S.S. Phoenix Commission. Over the past 18 years, the U.S.S. Phoenix Commission has been highly successful in its efforts and has made a major and positive impact on both the U.S. Navy and the City of Phoenix.

During the first seven years of its existence, the Commission maintained a positive relationship with crew members of the U.S.S. Phoenix (CL-46), a World War II cruiser and the U.S.S. Phoenix (SSN-702), a nuclear submarine. During that time, the Commission organized eight trips to visit the U.S.S. Phoenix while the submarine was on operational duty. More than 300 Phoenix residents participated in these trips, which included a ride aboard the submarine. In addition, the Commission sponsored visits to Phoenix from selected members of the ship’s crew to educate Phoenix residents regarding the unique relationship between the City and its namesake ships. City residents also gained an appreciation for the sacrifices of those serving aboard the nuclear submarine.

The U.S.S. Phoenix Commission also established three active school partnerships with the submarine and its crews. Over the years, hundreds of Phoenix students have interacted with crew members, learning about life on the submarine and the important contributions of the Navy. In addition, through the efforts of the commission, the 702 Society, a fundraising and support group, was formed. This organization has provided significant support to commission activities.

In 1997, the U.S.S. Phoenix submarine was officially deactivated from the fleet. The Commission then established a formal relationship with one of the U.S.S. Phoenix’s sister boats, the U.S.S. Helena, SSN 725. For the past 12 years, the Commission has interacted closely with the U.S.S. Helena and its crew by going on underways, making in-port visits, providing funds to support crew recognition programs, and hosting members of the crew in Phoenix for various special events, including visits to partnership schools. In addition, the Commission has focused on consolidating and preserving for the public all the artifacts, memorabilia and histories of navel combatants named after the City of Phoenix: the World War II light cruiser, U.S.S. Phoenix, CL 46 and the submarine SSN 702.

With the deactivation of the U.S.S. Phoenix in 1997, the Commission also shifted focus to the Save Our Sail (S.O.S.) project to return the ship’s conning tower to the City of Phoenix so it can be integrated into a park-like setting as an educational installation. To achieve this goal, the Commission made a special trip to the Puget Sound Naval Shipyard in Bremerton, Washington, where the U.S.S. Phoenix is being preserved for deconstruction in 2013. The Navy has granted permission for the submarine conning tower and various other related parts to be incorporated into the monument. On October 23, 2008, the Parks and Recreation Board gave conceptual approval for the monument and the site location at Steele Indian School Park near the Carl T. Hayden Veterans Administration Medical Center.

OTHER INFORMATION

The U.S.S. Phoenix Commission has been working with United States Submarine Veterans Perch Base to transition the Save Our Sail project. Perch Base is a statewide organization that endeavors to “perpetuate the memory of shipmates who gave their lives in the pursuit of their duties while serving their country. That their dedications, deeds and supreme sacrifices be a constant source of motivation toward greater accomplishments.” An agreement between the Parks and Recreation Department and Perch Base will spell out responsibilities of each party and will include plans, specifications, and renderings of the monument to be brought back to the Parks and Recreation Board for approval. No City funds are available for this project. Perch Base will construct and maintain the monument with private funds.

The U.S.S. Phoenix Commission has fulfilled its charge and City Council approved sunset of the Commission as a Consent Agenda item at the April 1, 2009 City Council Formal meeting. An ordinance change to implement this is scheduled for the May 20, 2009 City Council Formal meeting. Many members of the Commission will continue their activities to support the Save Our Sail Project through the Perch Base organization.

RECOMMENDATION

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

CITY COUNCIL REPORT
POLICY AGENDA
TO:	David Krietor Deputy City Manager	AGENDA DATE:		May 19, 2009
FROM:	John Chan Interim Director, Convention Center Department	ITEM:	4
SUBJECT:	DOWNTOWN HOTEL – APS INCENTIVE REBATE

Arizona Public Service (APS) will present the City Council with a $97,170.08 rebate check for the City’s use of environmentally responsible design and construction methods on the publicly financed and privately operated Sheraton Phoenix Downtown Hotel.

THE ISSUE

On June 16, 2004, the Phoenix City Council authorized the formation of the nonprofit Downtown Phoenix Hotel Corporation (the Corporation) to design and build a new, publicly financed, 1,000-room hotel at 3^rd Street and Van Buren. The new hotel, which opened in September of 2008, meets a vital need for additional hotel rooms in the downtown area.

OTHER INFORMATION

The Sheraton Phoenix Downtown Hotel was completed using environmentally responsible design and construction methods. These methods included many items that are recognized by Arizona Public Service’s (APS) Solutions for Business Program. This program evaluates projects in an effort to identify equipment that may be subject to a rebate based incentive. Eligible equipment includes compact fluorescent lamps, high-efficiency ice makers, and variable speed drives in fan coil units.

Upon completion of the evaluation the APS Solutions for Business Program identified enough prescriptive measures to issue an incentive check for $97,170.08 to the project. Representatives from APS will formally present the check to the project at the May 19, 2009 City Council Policy session.

APS representatives will also briefly explain the APS Solar Rebate program.

RECOMMENDATION

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

CITY COUNCIL REPORT
POLICY AGENDA
TO:	David Krietor Deputy City Manager	AGENDA DATE:		May 19, 2009
FROM:	Danny W. Murphy Aviation Director	ITEM:	5
SUBJECT:	TIGER GRANT FOR PHX SKY TRAIN

This report requests City Council approval to submit and enter into grant agreements for a Stimulus-Funded Transportation Investment Generating Economic Recovery (TIGER GRANT) under the American Recovery and Reinvestment Act (ARRA) for the PHX Sky Train at Phoenix Sky Harbor International Airport (PSHIA). The completed Grant Application would request up to $300 million to complete the PHX Sky Train from Terminal 4 to Terminal 3 with a walkway to Terminal 2.

THE ISSUE

The American Recovery and Reinvestment Act (ARRA) was passed by Congress and signed by President Obama on February 17, 2009. The purpose of the Act is to create and save jobs, jumpstart our economy, and build the foundation for long-term economic growth. The ARRA appropriated $1.5 billion of discretionary grant funds to be awarded by the Department of Transportation (DOT) for capital investments in surface transportation infrastructure. The DOT is calling these TIGER Grants.

Due to funding constraints, the PHX Sky Train has been programmed into two construction phases. Stage One of the PHX Sky Train will be completed in 2013 and will have three train stations: 1) 44^th street and Washington with an airport ground transportation center and the METRO light rail station; 2) East Economy parking; and 3) Terminal 4.

Stage Two would complete the connection of the PHX Sky Train to Terminals 3 and 2, a future west terminal, a future West Ground Transportation Center and the Rental Car Center. Without new revenues or funding sources, Stage Two of the PHX Sky Train will not be completed until 2020.

OTHER INFORMATION

The TIGER Grant Interim Notice of Funding Availability was released on Friday, May 15, 2009. City staff believes that an application for up to $300 million to complete the PHX Sky Train from Terminal 4 to Terminals 3 and 2 is an eligible project and that the City of Phoenix is an eligible applicant.

The TIGER Grant Application deadline is September 15, 2009, and DOT will announce the projects that have been selected to receive Grant Funds as soon as possible after the Application Deadline.

Stage One of the PHX Sky Train will generate 5,900 direct jobs. If funds are received to accelerate this project, an additional 1,000 direct jobs will be created. Spin off activity from these large projects could create many additional jobs.

RECOMMENDATION

Staff requests City Council approval to submit and enter into a grant agreement for a Stimulus-Funded Transportation Investment Generating Economic Recovery (TIGER GRANT) under the American Recovery and Reinvestment Act (ARRA) for the PHX Sky Train at Phoenix Sky Harbor International Airport (PSHIA). The completed Grant Application would request up to $300 million to complete the PHX Sky Train from Terminal 4 to Terminal 3 with a walkway to Terminal 2.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Ed Zuercher Deputy City Manager	AGENDA DATE:		May 19, 2009
FROM:	Maria Hyatt Assistant To The City Manager	ITEM:	6
SUBJECT:	LIGHT RAIL UPDATE

This report provides the City Council with information about the METRO Light Rail, Central Phoenix/East Valley line, which opened December 27, 2009 and has been operational for nearly five months with great success. This report also requests approval to extend weekend hours of operation to allow a last train through downtown Phoenix at 2:00 a.m.

THE ISSUE

The light rail system is operating as planned with very few exceptions, and the project is exceeding expectations from the community and transit perspective. The success of the system is evidenced by the ridership numbers. Over the first four months of the operation, average weekday ridership is exceeding projections by 32 percent. On average, 37,300 riders took the train every weekday in April, well beyond the 26,000 riders predicted after the first year of operation. Saturday ridership is almost 50 percent more than projected. April was the first month that the system exceeded one million boardings.

METRO is also meeting and exceeding expectations with service to events along the alignment, such as Phoenix Suns and Arizona Diamondbacks’ games, by providing a new transportation alternative. Between 10 and 15 percent of event attendees are using the train.

Another success is the light rail connection to Phoenix Sky Harbor Airport. More than 1,000 people per day use the connection to Sky Harbor at 44th Street and Washington. Arizona State University ridership is also significant with students using METRO to attend classes at the Downtown and Tempe campuses.

And because light rail is such a success, businesses, community members, and Council members are asking for extended weekend service.

OTHER INFORMATION

While the system is successfully serving the community, METRO continues to adapt the system to the environment. Safety continues to be the highest priority. Several elements of the project are still being completed and will continue to be refined over the coming weeks and months. Additional signage has been placed at stations to educate passengers on fare payment, as well as appropriate behavior on platforms. METRO has made adjustments to announcements on the trains and at stations to balance the need for passenger information with the surrounding stakeholder interests. The system that announces the arrival of the next train at station platforms is becoming operational.

METRO’s first train leaves the end of line stations at 4:40 a.m. and the last train leaves at 11:00 p.m., seven days a week. Exceptions to these hours are for major events in Phoenix and Tempe, including events at the US Airways Center and Chase Field that extend beyond the normal operating hours. In those cases, METRO provides later service and additional trains for these large special events.

METRO’s operating costs are shared amongst the three cities based on track mileage. The additional costs for operating one year of extended service, which includes security, fare enforcement, and Dial-A-Ride costs, break down as follows:

	20-Minute Service	40-Minute Service	60-Minute Service	One Train at 2:00 a.m.
Phoenix (67%)	$201,000	$167,500	$150,750	$134,000
Tempe (28%)	$84,000	$70,000	$63,000	$56,000
Mesa (5%)	$15,000	$12,500	$11,250	$10,000
TOTAL	$300,000	$250,000	$225,000	$200,000

METRO has requested $600,000 from the Maricopa Association of Governments (MAG) Congestion Management Air Quality (CMAQ) unobligated funds. If this request is approved, the cost of extended service could be funded for two years. If the request is not approved, Phoenix’s share of the additional costs could be funded from the estimated $400,000 in finance cost savings on bonds that result from federal ARRA stimulus funding that advanced $24.1 million in federal funding to Phoenix for light rail. Two nights a week is considered maximum for extended service so that regular maintenance can occur.

Future Plans

The first light rail extension, which extends from 19^th Avenue and Montebello to 19^th Avenue and Dunlap, is planned to start construction later this year and be complete by 2013. This 3.2-mile extension has stations at Glendale, Northern, and Dunlap with a park-and-ride at Dunlap.

Also in planning is an eleven-mile extension connecting from the existing light rail line in downtown Phoenix to 79^th Avenue and the I-10 freeway. Staff anticipates bringing this to the City Council later this year with the federally required step of locally preferred alternative, which makes decisions on routes and types of technology (buses or rail). This extension is planned to open by 2021.

Phoenix represents 67 percent of the mileage in the existing system. Phoenix has 45 of 58 total miles (77 percent) in the system when the current regional plan is built, including northeast Phoenix. In addition, Phoenix’s own Transit 2000 plan envisioned an ultimate system that includes South Central Avenue, Ahwatukee, and North I-17 as part of the future Phoenix system.

The Phoenix Mayor, City Council and residents have consistently demonstrated regional leadership over the years to bring light rail to the City and region. Along with our partners in Mesa, Tempe, and Glendale, Phoenix has invested significant local resources in light rail to ensure continued quality service and mobility for our residents. This investment is now paying huge dividends.

RECOMMENDATION

Staff recommends extending light rail weekend service to 2:00 a.m. with trains 20 minutes apart. The service should be evaluated after 12 months. The cost will be funded through MAG CMAQ close-out funds if approved by MAG. However, if CMAQ funding is not available, staff recommends using local finance cost savings.

The Transportation and Infrastructure Subcommittee recommended this item at its May 7, 2009 meeting.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Frank Fairbanks City Manager	AGENDA DATE:		May 19, 2009
FROM:	Karen Peters Government Relations Director	ITEM:	7
SUBJECT:	STATE LEGISLATIVE UPDATE

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

May 19 is the 128th day of the First Regular Session of the 49th Legislature. 1207 bills have been introduced to date.

STATE BUDGET UPDATE

On Wednesday, May 13, 2009, the legislature and Governor agreed on a budget plan that addresses the FY 2009 shortfall. The $650 million dollar proposal is comprised by $300 million from K-12 funds, $250 million in federal stimulus monies, and a $100 million university funding rollover. Once finalized, still looming over the horizon is an estimated $3 billion deficit for FY 2010.

Weeks prior to this development, the House Appropriations Committee approved a handful of budget measures to address the FY 2010 shortfall. The proposals included an infusion of $989 million from federal stimulus funds, $670 million in state agency cuts, and $394 million in state fund sweeps. Of great interest was a proposal to access $210 million from city revenues on a voluntary basis. Cities wishing to donate to the state would have received legislative approval to backfill the donation with impact fee fund balances. The League of Arizona Cities and Towns obtained a legal opinion declaring this idea as unconstitutional. Since the committee hearing, these bills have not moved and appear to be dead at the current time.

STATE LEGISLATION OF INTEREST

Information that is new 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 awaits committee assignments.

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 awaits committee assignments.

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 Committee of the Whole.

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 the House Military Affairs and Public Safety committee 8 – 0 and is awaiting action in the House Committee of the Whole.

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 Transportation and Infrastructure Committee by a vote of 8 – 0 and is awaiting action in the House Committee of the Whole.

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. This bill passed the House Military Affairs and Public Safety Committee by a vote of 5 – 2. HB 2610 awaits action in the House Committee of the Whole.

Bills to Oppose

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 Committee of the Whole and now awaits Third Read action in the House.

HB 2331: Federal Immigration Law; Enforcement (Rep. Tom Boone, R – Peoria) prohibits cities and counties from enacting ordinances or adopting policies that in any way limit or prohibit the lawful enforcement of federal immigration laws. Federal law already prohibits such ordinances or policies; however, staff believes that the language of the bill is overly broad and conflicts with federal law. The bill passed the House Committee of the Whole and now awaits Third Read vote in the House.

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 Committee of the Whole.

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 the House Committee of the Whole and now awaits a Third Read vote.

NEIGHBORHOODS

Bills to Support

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 is awaiting a Third Read on the House Floor.

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 the House Judiciary Committee by a vote of 8 – 0 and now awaits action in the House Committee of the Whole.

PLANNING & ZONING

Bills to Oppose

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 the House Ways and Means committee 5 – 3 and passed House Committee of the Whole. HB 2124 now awaits Third Read action in the House.

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. This bill passed the House Commerce Committee by a vote of 7 – 1. HB 2259 now awaits action in the House Committee of the Whole.

Bills to Watch

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 the House Committee of the Whole and now awaits a Third Read vote.

WATER & ENVIRONMENT

Bills to Support

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 is awaiting a Senate committee assignment.

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. This bill passed the House Committee of the Whole. HB 2142 now awaits a Third Read vote in the House

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 is awaiting a Third Read vote in the House.

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 Committee of the Whole.

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 the House Committee of the Whole and now awaits a Third Read vote in the House.

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 Judiciary Committee by a vote of 8 – 0 and now awaits action by in the House Committee of the Whole.

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 awaits committee assignments.

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. This bill passed the House Judiciary Committee by a vote of 8 – 0 and the House Committee of the Whole. HB 2427 now awaits Third Read action on the House Floor.

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 awaits committee assignments.

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 awaits committee assignments.

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 now awaits action in the House Committee of the Whole.

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 the House Committee of the Whole and now awaits a Third Read vote in the House.

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 passed the House Committee of the Whole and now awaits a Third Read vote in the House.

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 Committee of the Whole.

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. HB 2390 passed the House Transportation and Infrastructure by a vote of 7 – 0. The bill passed the House Committee of the Whole and now awaits Third Read vote.

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 the House Committee of the Whole and now awaits a Third Read vote.

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 Committee of the Whole and now awaits a Third Read vote in the House.

Bills to Oppose

SB 1001: Web and Video Conference Software (Sen. Jim Waring, R – Phoenix) requires cities and other government bodies to purchase web and video conference software as well as to provide training and have 100% of its employees capable of using the software within four years. This bill awaits committee assignments.

SB 1002: Elected Officials; Print; Visual Media (Sen. Jim Waring, R – Phoenix) prohibits elected officials from using public money in any media that names or identifies the public official. As interpreted by staff, city elected officials would violate this statute by simply appearing on the City’s dedicated TV station. This would hinder the ability of elected officials to effectively communicate with City residents. SB 1002 awaits committee assignments.

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 Government Committee by a vote of 6 – 3 and now awaits action in the House Committee of the Whole.

RECOMMENDATION

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

Official Web Site of the City of Phoenix

Phoenix - All America City - 2009

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Rick Naimark Deputy City Manager	AGENDA DATE:			May 19, 2009
FROM:	Dale Larsen Acting Director Parks & Recreation Department		ITEM:	2
SUBJECT:	RECOGNITION OF U.S.S. PHOENIX COMMISSION