AZ’s ominous SB 1482: the return of unconstitutional SB 1454

As last year’s sponsor of the unconstitutional SB 1454 amendments, Rep. Ugenti, vowed to reintroduce the bill. The reincarnation of her trice failed bill is now the omnibus SB 1482.  It’s really her HB 2371 that had twice failed and she attempted to get it passed as part of Sen. Griffins’ SB 1454. (see AZ Attorney General admits SB 1454 HOA to be invalid and without effect).

As an omnibus bill it contains the 5 separate topics relating to HOAs, which make it an omnibus bill. They are: planning board prohibitions on requiring HOAs; permitting the display of political signs, regulations on renter rights and protections, and permitting unlicensed and untrained HOA managers to represent HOAs in small claims court and before administrative hearings.

Some say that omnibus bills help legislators better understand broad changes in the subject of the bill.  But, are the above mentioned 5 topics really related to make a better understanding of the broad changes? No, not all. They are just separate changes, separate bills, thrown together for a reason. And that reason, as attorney Tim Hogan pointed out last year, is to get bills that could not stand and get passed on their own lumped together to obtain sufficient support by giving something to every supporter. It also involves accepting changes to the law that are of no interest to or concern of the supporter. These other changes are an “I don’t care” attitude.  So omnibus bills become law based on “I don’t care” how these non-interest changes affect others.

For example, what has planning boards got to do with better understanding the need for HOA managers to represent HOAS?  Nothing!  It’s an evil, an undemocratic mechanism to get support for unwanted bills. “Because of their large size and scope, omnibus bills limit opportunities for debate and scrutiny. Historically, omnibus bills have been used to pass controversial amendments. For this reason, some consider omnibus bills to be anti-democratic.” (http://en.wikipedia.org/wiki/Omnibus_bill). It forces an all or nothing choice.

Remember that it was Sen. Griffin, now the lead sponsor of SB 1482, who allowed her bill to be amended by Rep. Ugenti last year.  Apparently she was rewarded with the President Pro Tem position in the Senate.  And, Rep. Ugenti will get to hear the bill, if passed by the Senate, as she is Chair of the House Government committee.

Here we go again!  Kill the bill for a fourth time and force the legislature to introduce separate bills to allow a vote of one’s conscience and not an “I don’t care” vote.

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Published in: on February 4, 2014 at 6:34 pm  Comments (7)  
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7 CommentsLeave a comment

  1. […] See tyranny of the AZ Senate: SB 1482 as SB 1454 redux and AZ’s ominous SB 1482: the return of unconstitutional SB 1454 […]

  2. George, you are amazing! You sure have incredible stamina. It’s time to make lots of noise in Arizona about this HOA bill and these disgusting legislators. I hope all of you ban together and raise so much h*ll it makes national news. These legislators are an embarrassment to Arizona.

  3. […] (link to Staropoli’s current blog) […]

  4. ALERT!!!! Checking ARS on ALIS, the state’s government legislative website, the sections that were ruled unconstitutional last year under SB 1454 are still showing as valid. It’s as if the legislature says that only it can repeal a law, not the courts. So the statutes stand as passed. Golly gee! What’s going on in AZ?

    As far as the average Joe knows, that’s the law. I presume if challenged in court the plaintiff would not be aware that the statutes are unconstitutional. So the average citizen sits on the bottom of the food chain once again.

  5. OK–so what do we do to fight it again besides call our reps? an organized petition? How long do we have?

  6. George, You nailed it! They just don’t care, it’s all about money, greed and the wicked power of the CAI and the Arizona Realitors. They would sell their souls to satin, if the price was right.

  7. I agree, George, I agree. Yet, I can envision an omnibus bill that may deal with the fundamentals of HOA and change the shameful reality of the existing HOA institution. Being realistic, I see no chance for this to happen in the foreseeable future.


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