Arizona 56th Legislature - Second Regular Session Status: Passed House 1 R cosponsors

HB 2518 — municipalities; housing needs assessment; zoning

Last action — Senate Second Reading

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

260 added · 77 removed

Plain-language change summary

The latest version of House Bill 2518 requires municipalities to determine if a zoning application is complete within 30 days of submission, with a quicker 15-day review for resubmissions. This change aims to streamline the zoning process, making it more efficient and potentially reducing delays in housing development. By establishing clear deadlines, the bill seeks to ensure that municipalities are more accountable in their planning processes, which is crucial for addressing housing needs.

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Fifty-sixth Legislature Commerce Second Regular Session H.B.
House Engrossed municipalities;
2518 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
housing needs assessment;
2518 (Reference to printed bill) Page 1, between lines 1 and 2, insert:
zoning State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2518 AN ACT AMENDING SECTION 9-462.04, ARIZONA REVISED STATUTES;
"Section 1.
AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.10;
Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read:
AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.4, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-469;
9-461.18.
RELATING TO MUNICIPAL PLANNING.
Affordable housing;
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
density;
2518 Be it enacted by the Legislature of the State of Arizona:
height;
Section 1.
applicability;
Section 9-462.04, Arizona Revised Statutes, is amended to read:
definitions A.
9-462.04.
NOTWITHSTANDING ANY OTHER LAW OR ORDINANCE, ON OR BEFORE JANUARY 1, 2025, A MUNICIPALITY SHALL OFFER, IN ANY MIXED USE OR MULTIFAMILY RESIDENTIALLY ZONED DISTRICT WITHIN ONE-HALF MILE OF A LIGHT RAIL OR STREETCAR STOP, A HEIGHT OR DENSITY BONUS OF TEN PERCENT ADDITIONAL DWELLING UNITS FOR EITHER OF THE FOLLOWING:
Public hearing required;
definition A.
If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any zoning ordinance.
Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least fifteen days before the hearing in the following manner:
A PROPOSED MULTIFAMILY RESIDENTIAL HOUSING DEVELOPMENT THAT DEDICATES AT LEAST TWENTY PERCENT OF THE UNITS TO PERMANENT AFFORDABLE HOUSING.
The notice shall be published at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten public places in the municipality.
A posted notice shall be printed so that the following are visible from a distance of one hundred feet:
the word "zoning", the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.
A PROPOSED RESIDENTIAL HOUSING DEVELOPMENT THAT QUALIFIES FOR THE LOW-INCOME HOUSING TAX CREDIT PROGRAM AS DEFINED IN SECTION 42-13601, SUBJECT TO ALL OTHER DEVELOPMENT STANDARDS OF THE MUNICIPALITY.
In proceedings involving rezoning of land that abuts other municipalities or unincorporated areas of the county or a combination of a municipality and an unincorporated area, copies of the notice of public hearing shall be transmitted to the planning agency of the governmental unit abutting such land.
B.
In proceedings involving rezoning of land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the municipality shall send copies of the notice of public hearing by first class mail to the military airport.
THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
In addition to notice by publication, a municipality may give notice of the hearing in any other manner that the municipality deems necessary or desirable.
1.
3.
ANY LAND IN THE IMMEDIATE VICINITY OF A MUNICIPAL AIRPORT, A FEDERAL AVIATION ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR A GENERAL AVIATION AIRPORT.
In proceedings that are not initiated by the property owner involving rezoning of land that may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property to be rezoned.
2.
ANY TERRITORY IN THE VICINITY OF A MILITARY AIRPORT OR ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461.
House Amendments to H.B.
2518 3.
ANY AREA THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10.
ANY AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES.
In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph 5 of this subsection:
(a) A ten percent or more increase or decrease in the number of square feet or units that may be developed.
(b) A ten percent or more increase or reduction in the allowable height of buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
- 1 - H.B.
2518 (d) A ten percent or more increase or decrease in setback or open space requirements.
(e) An increase or reduction in permitted uses.
TRIBAL LAND.
In proceedings governed by paragraph 4 of this subsection, the municipality shall provide notice to real property owners pursuant to at least one of the following notification procedures:
(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.
(b) If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of the changes with such utility bills or other mailings.
(c) The municipality shall publish the changes before the first hearing on such changes in a newspaper of general circulation in the municipality.
The changes shall be published in a "display ad" covering not less than one-eighth of a full page.
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ANY AREA WHERE AN EXISTING MOBILE HOME PARK AS DEFINED IN SECTION 33-1409 MAY BE DISPLACED.
If notice is provided pursuant to paragraph 5, subdivision (b) or (c) of this subsection, the municipality shall also send notice by first class mail to persons who register their names and addresses with the municipality as being interested in receiving such notice.
The municipality may charge a fee not to exceed $5 per year for providing this service and may adopt procedures to implement this paragraph.
7.
Notwithstanding the notice requirements in paragraph 4 of this subsection, the failure of any person or entity to receive notice does not constitute grounds for any court to invalidate the actions of a municipality for which the notice was given.
B.
If the matter to be considered applies to territory in a high noise or accident potential zone as defined in section 28-8461, the notice prescribed in subsection A of this section shall include a general statement that the matter applies to property located in the high noise or accident potential zone.
FOR THE PURPOSES OF THIS SECTION:
After the hearing, the planning commission or hearing officer shall render a decision in the form of a written recommendation to the governing body.
The recommendation shall include the reasons for the recommendation and be transmitted to the governing body in the form and manner prescribed by the governing body.
D.
If the planning commission or hearing officer has held a public hearing, the governing body may adopt the recommendations of the planning commission or hearing officer without holding a second public hearing if there is no objection, request for public hearing or other protest.
The governing body shall hold a public hearing if requested by the party aggrieved or any member of the public or of the governing body, or, in any case, if a public hearing has not been held by the planning commission or hearing officer.
The governing body may consider the testimony of any - 2 - H.B.
2518 party aggrieved when making its decision.
In municipalities with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the governing body shall hold a public hearing if, after notice is transmitted to the military airport pursuant to subsection A of this section and before the public hearing, the military airport provides comments or analysis concerning the compatibility of the proposed rezoning with the high noise or accident potential generated by military airport or ancillary military facility operations that may have an adverse impact on public health and safety, and the governing body shall consider and analyze the comments or analysis before making a final determination.
Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection A of this section.
A municipality may give additional notice of the hearing in any other manner as the municipality deems necessary or desirable.
For the purposes of this subsection, "party aggrieved" means any property owner within the notification area prescribed by subsection A, paragraph 3 of this section.
E.
A municipality may enact an ordinance authorizing county zoning to continue in effect until municipal zoning is applied to land previously zoned by the county and annexed by the municipality, but not longer than six months after the annexation.
F.
A municipality is not required to adopt a general plan before the adoption of a zoning ordinance.
G.
If there is no planning commission or hearing officer, the governing body of the municipality shall perform the functions assigned to the planning commission or hearing officer.
H.
If the owners of twenty percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths of all members of the governing body of the municipality.
If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the governing body, provided that IF such required number of votes shall IS not be less than a majority of the full membership of the legally established governing body.
For the purposes of this subsection, the vote shall be rounded to the nearest whole number.
A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the office of the clerk of the municipality not later than 12:00 noon one business day before the date on which the governing body will vote on the proposed amendment or on an earlier time and date established by the governing body.
- 3 - H.B.
2518 I.
In applying an open space element or a growth element of a general plan, a parcel of land shall not be rezoned for open space, recreation, conservation or agriculture unless the owner of the land consents to the rezoning in writing.
J.
Notwithstanding section 19-142, subsection B, a decision by the governing body involving rezoning of land that is not owned by the municipality and that changes the zoning classification of such land may not be enacted as an emergency measure and the change shall not be effective for at least thirty days after final approval of the change in classification by the governing body.
K.
For the purposes of this section, "zoning area" means both of the following:
"DEDICATED" OR "DEDICATES" MEANS TO RECORD IN THE FORM AND MANNER REQUIRED BY A MUNICIPALITY A LEGALLY BINDING DOCUMENT ON THE PROPERTY THAT LIMITS THE PRICE AT WHICH THE PROPERTY MAY BE SOLD OR LEASED FOR A PERIOD OF AT LEAST TWENTY-FIVE YEARS.
The area within one hundred fifty feet, including all rights-of-way, of the affected property subject to the proposed amendment or change.
"MULTIFAMILY RESIDENTIAL DEVELOPMENT" MEANS A BUILDING OR BUILDINGS THAT ARE DESIGNED AND USED FOR RESIDENTIAL PURPOSES AND THAT CONTAIN MORE THAN ONE APARTMENT OR DWELLING UNIT.
The area of the proposed amendment or change.
Sec.
2.
Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10.
Residential zoning;
amendment;
applications;
deadline;
extensions;
applicability A.
ON OR BEFORE JANUARY 1, 2025, A MUNICIPALITY SHALL ADOPT AN AMENDMENT TO THE MUNICIPALITY'S ZONING ORDINANCE THAT REQUIRES THE MUNICIPALITY TO DETERMINE WHETHER A ZONING APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN THIRTY DAYS AFTER RECEIVING THE APPLICATION.
IF THE MUNICIPALITY DETERMINES THAT THE APPLICATION IS NOT ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL FOLLOW THE PROCEDURES PRESCRIBED IN SECTION 9-835, SUBSECTION E UNTIL THE APPLICATION IS ADMINISTRATIVELY COMPLETE.
THE MUNICIPALITY SHALL DETERMINE WHETHER A RESUBMITTED APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN FIFTEEN DAYS AFTER RECEIVING THE RESUBMITTED APPLICATION.
AFTER DETERMINING THAT THE APPLICATION IS ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL APPROVE OR DENY THE APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS.
B.
NOTWITHSTANDING SUBSECTION A OF THIS SECTION, THE MUNICIPALITY MAY EXTEND THE TIME FRAME TO APPROVE OR DENY THE REQUEST BEYOND ONE HUNDRED EIGHTY DAYS FOR EITHER OF THE FOLLOWING REASONS:
1.
FOR EXTENUATING CIRCUMSTANCES, THE MUNICIPALITY MAY GRANT A ONETIME EXTENSION OF NOT MORE THAN THIRTY DAYS.
2.
IF AN APPLICANT REQUESTS AN EXTENSION, THE MUNICIPALITY MAY GRANT EXTENSIONS OF THIRTY DAYS FOR EACH EXTENSION GRANTED.
C.
THIS SECTION DOES NOT APPLY TO LAND THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10 OR AN AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES OR PLANNED AREA DEVELOPMENTS.
- 4 - H.B.
2518 Sec.
"PERMANENT AFFORDABLE HOUSING" MEANS UNITS THAT ARE DEDICATED TO EITHER OF THE FOLLOWING:
Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-469, to read:
(a) OWNER-OCCUPIED HOUSING FOR WHICH THE TOTAL ANNUAL COST OF OWNERSHIP, INCLUDING PRINCIPAL, INTEREST, TAXES, INSURANCE AND HOMEOWNERS' ASSOCIATION FEES, DOES NOT EXCEED THIRTY PERCENT OF THE GROSS ANNUAL INCOME OF A HOUSEHOLD THAT IS AT EIGHTY PERCENT OF THE AREA MEDIAN INCOME.
9-469.
(b) RENTAL HOUSING FOR WHICH THE TOTAL ANNUAL RENT COST DOES NOT EXCEED THIRTY PERCENT OF THE GROSS ANNUAL INCOME OF A HOUSEHOLD THAT IS AT EIGHTY PERCENT OF THE AREA MEDIAN INCOME." Renumber to conform Page 1, line 11, strike "shall be published at least once in a newspaper of" Strike line 12 Line 13, strike "there is none, it" insert "shall be published at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, it" Page 4, strike lines 17 through 45 Strike page 5 -2- House Amendments to H.B.
Municipal housing needs assessment;
2518 Page 6, strike lines 1 through 21 Renumber to conform Page 8, between lines 5 and 6, insert:
annual report;
"D.
applicability A.
THE ARIZONA DEPARTMENT OF HOUSING SHALL COMPILE THE REPORTS RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION AND SUBMIT THE REPORTS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES." Reletter to conform Amend title to conform MATT GRESS 2518GRESS.docx 02/02/2024 08:33 AM C:
BEGINNING JANUARY 1, 2025 AND EVERY FIVE YEARS THEREAFTER, A MUNICIPALITY SHALL PUBLISH A HOUSING NEEDS ASSESSMENT THAT INCLUDES THE FOLLOWING:
LAT -3-
1.
THE TOTAL POPULATION GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR PERIOD.
2.
THE TOTAL JOB GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR PERIOD.
3.
THE TOTAL AMOUNT OF RESIDENTIALLY ZONED LAND WITH DETAIL ON LAND ZONED AS SINGLE-FAMILY AND MULTIFAMILY.
4.
THE TOTAL NEED FOR ADDITIONAL RESIDENTIAL HOUSING UNITS FOR RENT AND FOR SALE IN THE MUNICIPALITY TO MEET:
(a) ANY DEFICIENCIES IN HOUSING THE EXISTING POPULATION.
(b) ANY DEFICIENCIES IN HOUSING THE EXISTING WORKFORCE.
(c) POPULATION GROWTH PROJECTIONS.
(d) JOB GROWTH PROJECTIONS.
(e) HOUSING NEEDS ACROSS ALL VARIOUS INCOME LEVELS.
B.
BEGINNING JANUARY 1, 2025 AND EVERY YEAR THEREAFTER, EACH MUNICIPALITY SHALL SUBMIT AN ANNUAL REPORT TO THE ARIZONA DEPARTMENT OF HOUSING ACCOUNTING FOR THE TOTAL NUMBER OF PROPOSED RESIDENTIAL HOUSING UNITS SUBMITTED TO THE MUNICIPALITY, THE TOTAL NUMBER OF NET NEW RESIDENTIAL HOUSING UNITS SUBMITTED TO THE MUNICIPALITY AND THE TOTAL NUMBER OF NEW RESIDENTIAL HOUSING UNITS THAT ARE ENTITLED, HAVE BEEN PLATTED, HAVE BEEN ISSUED A BUILDING PERMIT AND HAVE RECEIVED A CERTIFICATE OF OCCUPANCY BY THE MUNICIPALITY.
THE ANNUAL REPORT SHALL INCLUDE ALL OF THE FOLLOWING:
1.
THE NUMBER OF HOUSING DEVELOPMENT APPLICATIONS RECEIVED IN THE PRIOR YEAR.
2.
THE NUMBER OF LOTS AND MULTIFAMILY UNITS INCLUDED IN ALL DEVELOPMENT APPLICATIONS IN THE PRIOR YEAR.
3.
THE NUMBER OF LOTS AND MULTIFAMILY UNITS APPROVED AND DISAPPROVED OR OTHERWISE NOT APPROVED IN THE PRIOR YEAR.
4.
A THRESHOLD PERCENTAGE REQUIREMENT OF MULTIFAMILY ZONED LAND VERSUS SINGLE-FAMILY ZONED LAND NEEDED TO MEET POPULATION DEMAND IN EACH MUNICIPALITY.
5.
THE STATUS AND PROGRESS IN MEETING THE MUNICIPALITY'S HOUSING NEEDS.
6.
A PLAN THAT SPECIFIES HOW THE MUNICIPALITY INTENDS TO SATISFY THE IDENTIFIED NEED FOR ADDITIONAL HOUSING UNITS WITHIN THE MUNICIPALITY.
C.
A MUNICIPALITY THAT HAS CONDUCTED A HOUSING NEEDS ASSESSMENT REPORT AS OF JANUARY 1, 2021 SHALL AMEND ALL EXISTING REPORTS TO INCLUDE THE INFORMATION REQUIRED IN SUBSECTION A OF THIS SECTION.
- 5 - H.B.
2518 D.
THE ARIZONA DEPARTMENT OF HOUSING SHALL COMPILE THE REPORTS RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION AND SUBMIT THE REPORTS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
E.
THIS SECTION DOES NOT REQUIRE A MUNICIPALITY TO FULFILL THE PROJECTIONS IN THE HOUSING NEEDS ASSESSMENT REQUIRED BY SUBSECTION A OF THIS SECTION.
F.
THIS SECTION DOES NOT APPLY TO A MUNICIPALITY THAT IS LOCATED ON TRIBAL LAND OR A MUNICIPALITY WITH A POPULATION OF LESS THAN THIRTY THOUSAND PERSONS.
- 6 -
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Action History

  1. Senate Second Reading

  2. Senate First Reading

  3. Transmit to Senate

  4. PASSED

  5. DPA

  6. DPA

  7. House Second Reading

  8. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 50 Yea · 9 Nay
Party YeaNayPresentNot Voting
Democrat 19100
Republican 20300
Unaffiliated 11501
Total 50901
% of votes cast 83%15%0%2%
How each member voted (60)
Member Party Vote
Jevin D Hodge — Yea
Austin Smith — Nay
Barbara Parker — Nay
Ben Toma — Yea
Charles W Lucking — Yea
Cory McGarr — Nay
David L. Cook — Yea
Jacqueline Parker — Nay
Jennifer Pawlik — Yea
Judy Schwiebert — Yea
Justin Heap — Nay
Keith Seaman — Yea
Laura Terech — Yea
Leezah Elsa Sun — Not Voting
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Travis W. Grantham — Yea
Alma Hernandez Democrat Yea
Analise Ortiz Democrat Nay
Betty J Villegas Democrat Yea
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Yea
Consuelo Hernandez Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Yea
Mariana Sandoval Democrat Yea
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Yea
Oscar De Los Santos Democrat Yea
Patty Contreras Democrat Yea
Quantá Crews Democrat Yea
Sarah Liguori Democrat Yea
Seth Blattman Democrat Yea
Stacey Travers Democrat Yea
Stephanie Stahl Hamilton Democrat Yea
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Nay
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Nay
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Nay
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

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Subjects

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Frequently asked questions

Who sponsors HB 2518?
HB 2518 is sponsored by Matt Gress (Republican).
What is the current status of HB 2518?
This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2518?
Track HB 2518 free on One Click Politics — get push/email alerts when it moves.

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