Bill Text: AZ HB2107 | 2019 | Fifty-fourth Legislature 1st Regular | Chaptered

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Bill Title: Municipalities; parking; public vehicles

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-04-11 - Chapter 73 [HB2107 Detail]

Download: Arizona-2019-HB2107-Chaptered.html

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House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

CHAPTER 73

 

HOUSE BILL 2107

 

 

AN ACT

 

amending Title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.46; relating to municipal powers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.46, to read:

START_STATUTE9-500.46.  Parking; public service and public safety emergency vehicles; definitions

A.  Notwithstanding any provision in rule or ordinance, a city, including a charter city, or town may not prohibit a resident from parking a motor vehicle on a street or driveway in the city or town if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:

1.  The resident is employed by a public service corporation that is regulated by the corporation commission, an entity that provides emergency telephone service, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation, emergency telephone service provider, federally regulated utility or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications, emergency telephone or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation, emergency telephone service provider, federally regulated utility or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation, emergency telephone service provider, federally regulated utility or municipal utility.

2.  The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B.  This section does not prevent a city, including a charter city, or town from enforcing public health, safety and welfare requirements, including requirements relating to parking and traffic that are applied on a uniform and nondiscriminatory basis.

C.  For the purposes of this section:

1.  "Emergency telephone service" means a service that provides voice transmissions to emergency or public safety agencies through 911 or a similarly designated telephone number.  Emergency telephone service does not include commercial mobile radio services.

2.  "telecommunications" means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services. END_STATUTE

Sec. 2.  Legislative findings

The legislature finds and determines that this act is necessary as a matter of statewide concern to ensure that the vehicles specified in this act are available to the operators and their employers for the public benefit of ensuring secure and reliable natural gas, electrical, telecommunications and water services on the same basis in cities, including charter cities, and towns as in unincorporated areas of counties under section 11-269.10, Arizona Revised Statutes, and planned communities under section 33-1809, Arizona Revised Statutes.

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 11, 2019.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 11, 2019.