Arizona Governor Vetoed Electronic Billboard Law – HB 2757

The following is the text of a letter from Arizona Governor Jan Brewer to the Speaker of the Arizona House dated March 28, 2012″

March 28, 2012

The Honorable Andy Tobin
Speaker of the House
Arizona House of Representatives
1700 West Washington
Phoenix, Arizona 85007

Re: House Bill 2757 (billboards; changing message; authorization)

Dear Speaker Tobin,

Today, I vetoed House Bill 2757. This bill allows electronic billboards capable of changing messages to be placed in public rights-of-way along state highways, and sets standards for display transition times.

The Legislature and outdoor advertising companies seek to make existing electronic billboards lawful under Arizona Revised Statutes. There is a legitimate need to update Arizona’s outdoor advertising laws in order to reduce confusion and accommodate advancements in technology and business development.

I am also mindful, however, of Arizona’s unique position as a national leader in astronomy and stargazing, thanks to our dark skies. Arizona is fortunate to be home to important astronomy installations across the state, including Lowell Observatory, in Flagstaff, Kitt Peak National Observatory, outside Tucson, and Mount Graham International Observatory, near Safford and managed by the University of Arizona. The astronomy industry has invested $1.2 billion in Arizona, represents more than 3,300 jobs and has an estimated economic impact of $250 million each year.

I simply refuse to place all of this in jeopardy.

I am confident a balance can be achieved that benefits both industries. For this reason, I have vetoed House Bill 2757 with the assurance that the sponsor will complete the work necessary to draft legislation that allows outdoor advertising companies to remain viable while identifying standards – governing aspects such as illumination, timing and buffer areas – in order to protect the astronomy community. The Arizona Department of Transportation will play a key role in these standards, filling the gap where county and city ordinances may be silent. To this end, I have tasked Director John Halikowski with updating antiquated rules related to outdoor advertising.

This is a valuable opportunity in which the State of Arizona can both preserve its astronomy industry and update state law to accommodate new technology. I ask that members of both communities – astronomy and outdoor advertising work in good faith in order to reach a mutually-agreeable compromise that advances our state.

This session or next, I expect to receive legislation governing this issue that I can sign into law.

Sincerely,

Janice K. Brewer
Governor

Arizona Governor Critizes California for Filing Brief Opposing SB 1070

Arizona Governor Jan Brewer issued the following press release on March 29, 2012, about the amicus brief filed by the State of California and ten other states in opposition to Arizona’s anti-illegal  immigration law known as SB 1070:

“This legal filing is pure politics and takes tortured logic and rank hypocrisy to new levels. The brief filed by California and 10 other states opposing SB 1070 begins by noting that they each ‘have a wide variety of laws affecting all persons within their borders’ and ‘seek to preserve their authority to enact and enforce such laws, even as applied to immigrants.’

“In other words, California and its fellow petitioners would like to maintain the ability to establish laws for the betterment and protection of their citizens. They’d just like to deny Arizona the right to do the same.

“A major objection raised by California and its cohorts is that ‘SB 1070’s effect is to deter immigrants’ – illegal immigrants, to be clear – ‘from living in Arizona.’ Their apparent concern is that SB 1070 would result in illegal aliens seeking safe haven in more accommodating locales elsewhere. Why the objection? Given their complaints about SB 1070, I would think these states would welcome those present illegally with open arms.

“Ironically, it is the federal government’s very focus on securing the border in California and, to a lesser extent, Texas that funneled the bulk of illegal cross-border traffic into my state. Now, Arizona bears the brunt of the crime and costs associated with illegal immigration.

“This amicus brief contains more misstatements and misrepresentations than I care to respond to here. As with many state laws, SB 1070 is written to mirror – rather than supplant – existing federal immigration law. Deportation efforts remain the sole purview of the federal government.

“I look forward to SB 1070 being heard by the U.S. Supreme Court in April so that states like mine may finally receive guidance on this critical issue. States joining California in opposing Arizona in this fight may think they have little at stake. They are buffered from the troubles along our nation’s southern border by geography or, in the case of Hawaii, an entire ocean. But this debate is not just about illegal immigration. It is about every state’s authority and obligation to act in the best interest and welfare of its citizens.

“Today, the issue is SB 1070 and border security. Tomorrow, it may be a matter of the federal government standing between New York, Massachusetts or even California and the safety and welfare of their citizens. What will they say then?”

Congress Makes it Easier for Small Business to Raise Capital

Phoenix Business Journal:  “Legislation that will make it easier for small companies to obtain capital from investors is headed to President Barack Obama for his signature.  The House passed the Jumpstart Our Business Startups (Jobs) Act 380-41 on March 27, accepting changes made by the Senate.  The legislation will enable small businesses to use the Internet to raise up to $1 million in small investments from lots of people, a technique known as crowdfunding.”

Arizona Bills Target Landlord Tenant Laws

Arizona Republic:  “The Arizona Legislature this year is changing laws regulating landlords.  Gov. Jan Brewer signed one of the bills into law this week. The Legislature is expected to pass two others in coming weeks. Supporters say the measures are intended to fix problems with the Arizona Residential Landlord and Tenant Act. Opponents say they benefit landlords and hurt tenants. . . . Brewer signed HB 2129 into law Tuesday. It says that if a tenant has notified a landlord of needed repairs and for some reason the landlord has to come back to the unit a second time”

Arizona House Bill 2129

CHAPTER 91
HOUSE BILL 2129
an Act

 Amending Section 33-1343, Arizona Revised Statutes; relating to the Arizona Residential Landlord and Tenant Act.  Be it enacted by the Legislature of the State of Arizona:

 Section 1. Section 33-1343, Arizona Revised Statutes, is amended to read:

33-1343. Access

 A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

 B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33‑1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request and the tenant waives receipt of any separate or additional access notice that may be required pursuant to subsection D of this section.

C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.

E. The landlord has no other right of access except by court order and as permitted by sections 33‑1369 and 33‑1370, or if the tenant has abandoned or surrendered the premises.

Approved by the Governor March 27, 2012.

Filed in the Office of the Secretary of State March 27, 2012.

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