This is your legislative update for April 25, 2008. Last week, the Arizona House and Senate finally reached an agreement on the state budget adjustments for fiscal year 2008. The deal includes: $311.5 million in cuts; $487 million to be used from the Rainy Day Fund; $272 million in K-12 rollover dollars; and $300 million in fund sweeps.  While the agreement did not include bonding for new school construction, there is speculation that the fiscal year 2009 budget could include a retroactive bonding mechanism. The total adjustments agreed to for the fiscal year 2007-2008 budget totaled $1.37 billion. The bill, HB2620: BUDGET; FISCAL 07-08; ADJUSTMENTS, has been transmitted ...
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This is your Legislative Update for April 11, 2008. The Sheet Metal Workers Union filed a ballot initiative to require sellers and real estate licensees to provide, among other things, a 10-year home warranty for workmanship (a warranty that is NOT even available for older homes). These ballot petitions, referred to as “The Homebuyers’ Bill of Rights”, are currently on the street and are gaining signatures. SB1176 PURCHASER DWELLING ACTIONS; DEFINITIONS clarifies the definition of "seller" in statutes pertaining to dwelling actions (civil suits brought by buyers of a dwelling unit against the seller for defects in design or construction) and changes it t ...
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We are now 71 days into the 2008 legislative session and 1,369 bills have been introduced.  Of those bills, AAR is actively tracking and monitoring almost 250 real estate-related bills. Like last year, 2008 is seeing a ‘deluge’ of water legislation as well as all of the usual subjects: HOA legislation; tax legislation; State Trust Land reform; among many others. Here is a round up of just a few of the bills that AAR has been working diligently on this session for you. HB2141: HOME SALES; WATER SUPPLY DISCLOSURE would require real estate licensees to investigate and disclose residential water supply determination for city water PRIOR TO ADVERTISING any resident ...
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THE ARIZONA LEGISLATURE CONVENED -  The First Regular Session of the 48th Arizona Legislature 2nd session convened on Monday, January 14th, 2008, at Noon. In 2008 we will once again be facing some hard ongoing issues. These include HOA regulation of For Sale Signs, water adequacy disclosure by real estate licensees, transportation, property taxes and loan originator licensing among many others. AAR will persist following the issues that impact our members and will continue to work closely with the Governor and the legislature next session on these critical concerns.    LEGISLATIVE UPDATE -  There are two bills making their way through the legislature that we&rsq ...
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Click here to listen to the Government Affairs legislative update ...
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Representative Lucy Mason has sponsored HB2611: HOAs; Real Estate Signs. If passed, this bill would undo the provisions that SB1062 made to allow homeowners to market their properties. It would allow each individual HOA to regulate and dictate the size, content, height, color, etc. of for sale signs within their own communities. To read this bill in its entirety, click here.  ...
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HB 2310exempt wells; active management areas  s Existing law – Exempt wells (35 gpm or less) §Pre-1983 wells – can pump 56 AF/yr for nonirrigation purposes §Post-1983 wells – pumping for nonirrigation uses other than domestic and stock cannot exceed 10 AF/yrsProposed change – As of 2010, pumping from all exempt wells in the AMAs is limited to 4 AF/yr sIssues§A.R.S. 45-454.L. precluded people making exempt withdrawals ...
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HB 2144land divisions; water requirements     sCurrent law – Assured water supply must exist before a city of county allows land to be subdivided into 6 or more lots. sProposed change – AWS must exist before a city or county allows land to be divided into 5 or fewer lots.  This change would also extend to rural cities/counties that require an adequate water supply in order to subdivide. sThe Groundwater Code (Title 45) only requires an assured water supply for subdivisions of six or more lots.  Extensive revisions to the Groundwater Code and the assured water supply rules would be required to i ...
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This bill makes changes to the definitions section of statutes relating to county land divisions in ARS 11.   To read this bill in its entirety, click here. ...
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HB 2141 requires real estate brokers or sales persons to provide a notice of the water supply status when advertising, promoting or selling a residential real property. HistoryCurrently, according to the Water Adequacy Program as established in A.R.S. §45-108, subdivision developers are required to obtain a determination from the state regarding the availability and quality of water supplies before marketing lots.  This law applies to new subdivisions located outside of Active Management Areas (AMAs). Subdivision developers may obtain a determination by applying to the Arizona Department of Water Resources (ADWR) for a water adequacy report.  If the water supply is o ...
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