AZAGC Seeks Veto of HB2495 County Preference Bill
The following is the text of a letter sent to Governor Brewer asking her to VETO HB2495
The Arizona Chapter Associated General Contractors represents contractors and suppliers throughout the entire state. We are very concerned about HB2495 counties; purchases; local dealers and are asking for your veto.
AZAGC understands that we are in an extremely tough economy and legislation like this is manifested due to these difficult times. But excluding potential vendors or contractors from being selected based on their zip code is not the answer to help local companies. HB2495 will do just that by giving a five percent preference to vendors and contractors that reside within a particular county’s boundaries.
It was stated on the house floor that the legislation does not include construction. Drafters are basing this on 11-254.01 (E) which specifically exempts construction from the preference provision. While it is true that this provision exempts county buildings, it does not exempt all construction. Title 34, Chapter 2 includes a variety of other construction, not just county buildings. Therefore, 11-254.01 (E) falls short at exempting all construction.
Finally, AZAGC believes the outcome of HB2495 will be additional lawsuits. If a number one bidder were eliminated by the number two bidder invoking this special privilege, we believe the number one bidder would stand an excellent chance at having the action of the board overturned on the basis that the decision of the board of supervisors violates Article 2 Section 13 of Arizona’s Constitution. It states:
No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
Based on these and many other arguments, we respectfully ask that you veto HB2495.