SB1487 Investigations

Legislator Requests for Investigation

Below is a list of Pending Legislator Requests for Investigation under A.R.S. §41-194.01 that have been submitted to the Attorney General's Office. Once a complete request is deemed received by the Office, there is a thirty-day period for the Office to complete its investigation and for the Attorney General to issue a report concluding whether the action that is the subject of the request violates, may violate, or does not violate state law.

Submissions should be made through the Legislator Request Form and addressed to SLS Investigations using [email protected]ag.gov (preferred) or mailed to:

Arizona Attorney General's Office
Attn: Appeals and Constitutional Litigation / A.R.S. §41-194.01
2005 N Central Ave
Phoenix, AZ 85004

2. The Office welcomes written public comment regarding any of the below open investigations. Alternatively, a person may contact the Appeals & Constitutional Litigation Division by phone at (602) 542-3333.

Written comments should be as succinct as possible. The Office reserves the right not to review submissions.
All written submissions on pending requests will be considered public records and retained consistent with the Office's general public records retention policies and practices.

Open SB1487 Investigations:

**Currently no open investigations.**

Closed SB1487 Investigations:

Request No.	Question Presented	Requesting Legislator(s)
23-001	May a city enact a prevailing wage ordinance requiring contractors on public works contracts to pay their workers no less than the wage rates that prevail for their trade in their geographic location? Complaint Form FINAL DISPOSITION: CONVERTED TO OPINION REQUEST R23-009	Senator Catherine Miranda

23-002	Does the City of Tempe's Ordinance No. 02022.56, Ordinance No. 02022.57, Resolution No. R2022.170, or § 12.9 or § 17 of the Development and Disposition Agreement between the City and Bluebird Development LLC violate article IV, part 1, § 1(8) of the Arizona Constitution or A.R.S. § 16-407.01? Complaint Form Withdrawal FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATURE	Rep. Steve Montenegro

22-002	Does the City of Tucson's recent amendment to its fair housing code violate Arizona's constitution and laws? Complaint Form Response Request Response from City of Tucson Report Request for Reconsideration Letter from Toma Letter to Toma from AG Mayes Letter to Rankin from AG Mayes Letter from Phx. City Council Letter from Arizona Poor People’s Campaign Supp. Response Supp. Response from Toma Amended Investigative Report No. 22-002 FINAL DISPOSITION: DOES NOT VIOLATES STATE LAW	Rep. Ben Toma

22-001	Is the Paradise Valley local ordinance on short term rentals in conflict with existing state law? Complaint Form Paradise Valley Ordinance Response Request Response from Town of Paradise Valley Report FINAL DISPOSITION: VIOLATES STATE LAW IN PART (ORDINANCE AMENDED BY TOWN OF PARADISE VALLEY)	Sen. Warren Petersen

21-006	Whether Pima County memorandum titled: FAQs Regarding Mandatory Vaccinations for New Hires Promotions and Employees Working with Vulnerable Populations violates ARS 23-206 & Executive Order 2021-18 Complaint Form FAQs For New Hires Process for Off-Boarding Unvaccinated Staff Response Request Pima County Response Letter FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR	Sen. Kelly Townsend

21-005	Whether Tucson Administrative Directive 2.03-7 violates A.R.S. § 23-206? Complaint Form Tucson Administrative Directive 2.03-7 Response Letter FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR	Sen. Kelly Townsend

21-004	Whether Tucson Administrative Directive 2.03-7 violates A.R.S. § 23-206? Complaint Form Response Request Tucson Response Letter FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR	Sen. Vince Leach

21-003	Whether Tucson Ordinance 11869 (requiring employees to receive a COVID vaccination as a term of employment) violates Executive Order 2021-18, A.R.S. 36-787, A.R.S. 36-114, A.R.S. 36-681, A.R.S. 36-184. Complaint Form Ordinance 11869 Tucson Response Request Tucson Response Tucson Report FINAL DISPOSITION: VIOLATES STATE LAW	Sen. Kelly Townsend

21-002	Whether MCBOS violated ARS 41-1151, 41-1153, 41-1154, and/or 16-624. Complaint Form MCBOS Response Request MCBOS Response MCBOS Report FINAL DISPOSITION: VIOLATES STATE LAW	Sen. Sonny Borrelli

21-001	Whether a moratorium on eviction proceedings adopted by the Pima County Board of Supervisors violates the Arizona Constitution and/or state statutes. Complaint Form Complaint Letter Complaint Response Request Response from Pima County Board of Supervisors Complaint Closing Letter FINAL DISPOSITION: INVESTIGATION MOOT (MORATORIUM REPEALED BY PIMA COUNTY)	Sen. Vince Leach, Rep. Bret Roberts

20-002	Following a significant decrease in voter turnout at the 2019 Tucson city election compared to the 2018 statewide election, does Tucson city ordinance 11731 violate A.R.S. 16-204.01 by calling for elections for city council, as well as for city ballot measures, to continue to be held off cycle in 2021 rather than on the statewide election dates in 2022? Letter to City of Tucson - Notice and Request for Response City of Tucson Response Exhibit A Final Report AZ Supreme Court Ruling – State of Arizona v. Tucson FINAL DISPOSITION: MAY VIOLATE STATE LAW (UPHELD AT ARIZONA SUPREME COURT)	Sen. J.D. Mesnard

20-001	Whether the May 13, 2020, Proclamation of the Pima County Board of Supervisors violates A.R.S. § 26-307, in light of Governor Ducey’s Executive Order 2020-36, ¶ 7 1487 Letter to Pima County Pima County BOS Memo Pima County BOS Notice Pima County Health Dept Email Executive Order 2020-36 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 1487 Response Letter Closing Letter FINAL DISPOSITION: INVESTIGATION MOOT (PROCLAMATION REPEALED BY PIMA COUNTY)	Sen. Vince Leach, Rep. Mark Finchem, Rep. Bret Roberts

19-002	Whether City of Phoenix Ordinance G-6650 violates Article IX, Section 25 of the Arizona Constitution. Attachment A Ordinance G6650 Response of the City of Phoenix Regarding Investigation of Complaint by Rep. Barto Under ARS 41-194.01 Exhibits 1-9 Final Report ASC Order Finding Ordinance Constitutional - 04/02/2020 ASC Order Granting Stipulated Motion - 04/20/2020 FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE UPHELD BY ARIZONA SUPREME COURT)	Rep. Nancy Barto

19-001	Whether the City of Tempe Ordinance 01017.51 violates ARS 16-905(E)? Final Report FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW	Sen. Vince Leach

18-004	Whether Sedona's bed tax and agreement with the Chamber of Commerce violates the Gift Clause of the Arizona Constitution? FINAL DISPOSITION: WITHDRAWN	Sen. Judy Burges

18-003	Does Sedona Ordinance 2016-06, which requires business licenses for “transient rentals” but not for long-term rentals, violate A.R.S. § 9-500.39? AG Signed Report RE: 18-003 FINAL DISPOSITION: VIOLATES STATE LAW (ORDINANCE REPEALED BY SEDONA)	Rep. Darin Mitchell

18-002	Does Mohave County's unwritten policy of requiring an Animal Control inspection of private residences where the person applying for a "Limited Residential Animal Permit" per county zoning ordinance for 10 dogs and 10 cats as personal pet violate ARS §11-1604? FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR	Sen. Sonny Borrelli

18-001	Whether the City of Tempe, through its ordinances and leases, is violating Arizona statutory restrictions on the use of Government Property Lease Excise Taxes Attachment 1 – Tempe Ordinance No. 2017.39 Attachment 2 – Tempe Council Minutes – July 27, 2017 Attachment 3 – Tempe Ordinance No. 2017.48 Attachment 4 – Tempe Council Minutes – November 9, 2017 Attachment 5 – Tempe Resolution No. 2010.76 Attachment 6 – Tempe Staff Summary Report on Resolution No. 2010.76 Attachment 7 – Tempe Council Minutes – May 20, 2010 Attachment 8 – Graduate Tempe, LLC Lease Attachment 9 – KBSII Fountainhead, LLC Lease Attachment 10 – Leach Letter to City of Tempe dated November 30, 2017 AG Signed Report RE: 18-001 FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE AMENDED BY TEMPE)	Rep. Vince Leach

17-005	Did the Town of Patagonia violate Arizona law by adopting an ordinance restricting the total number of trips made by a “heavy duty truck? AG Signed Report RE: 17-005 FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW	Rep. Vince Leach

17-004	Whether the City of Phoenix Police Department's "Transparency Policy" violates A.R.S. 38-1109? Attachment 1 AG Signed Report RE: Request No. 17-004 FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW	Rep. Jay Lawrence

17-003	Does the City of Bisbee's ordinance regulating the use of plastic bags violate state law? AG Signed Report RE: Request No. 17-003 FINAL DISPOSITION: VIOLATES STATE LAW (ORDINANCE REPEALED BY BISBEE)	Sen. Warren Peterson

17-002	Did the City of Phoenix violate state law when they enacted Phoenix Police Department Operations Order 4.48:Immigration Procedures? Attachment 1 - Detailed Complaint Attachment 2 - ARS 11-1051 Attachment 3 - Phoenix Police Operations Order 4.48 - Immigration Procedures AG Signed Report RE: Request No. 17-002 FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW	Sen. John Kavanagh

17-001	Whether the City of Somerton's Ordinance requiring of a church a Conditional Use Permit to operate in a commercial zone is in conflict with Arizona law? AG Letter to City of Somerton - August 10, 2017 City of Somerton Letter to AG - August 17, 2017 City of Somerton Letter to AG - August 28, 2017 FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR (ORDINANCE REPEALED BY SUMMERTON)	Rep. Don Shooter

16-002	Whether the City of Tucson is destroying confiscated and/or forfeited firearms in violation of Arizona law? Attachment 1 Attachment 2 AG Signed Report RE: Request No. 16-002 Special Action to Repeal Tucson Gun Ordinance AZ Supreme Court Ruling - State of Arizona v. City of Tucson FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE REPEALED BY TUCSON)	Rep. Mark Finchem

16-001	Has the Town of Snowflake violated provisions of state law with respect to the Approval of Facilities Agreement with, and special use permit to, Copperstate Farms LLC by the Snowflake Town Council on June 28, 2016? AG Signed Report RE: Request No. 16-001 AG Letter to Rep. Paul Boyer - November 1, 2016 FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE REPEALED BY SNOWFLAKE)	Rep. Paul Boyer