蜜柚直播

In a complaint to Attorney General Mark Brnovich, Republican Warren Petersen of Mesa contends the 2013 city ordinance violates a 2016 law that specifically prohibits local governments from enacting regulations, fees or deposits on bags, bottles, aluminum or other 鈥渁uxiliary containers.鈥�

Petersen is taking advantage of another 2016 law that specifically requires the attorney general to investigate any time a legislator contends a local law is illegal. Brnovich has 30 days to investigate.

But the real power of that law is what happens if Brnovich finds the city鈥檚 ordinance is contrary to state law.

At that point, he has to notify the City Council of his decision. And if it refuses to rescind the measure, he can order the state treasurer to withhold all of the city鈥檚 state aid.

Councilman Douglas Dunn said if it comes to that, he and his colleagues will have to decide whether to challenge Brnovich鈥檚 conclusion or repeal the ordinance. But Dunn also took a swipe at lawmakers for what he sees as putting their noses where they don鈥檛 belong.

鈥淭his is something that has been highly successful in terms of reducing litter,鈥� he said. 鈥淚 just can鈥檛 believe that our Legislature, they have so much concern about overreach of the federal government, they have no concern about overreach into local government.鈥�

The Bisbee ordinance imposes a nickel-a-bag tax on disposable bags.

Retailers get to keep 2 cents for the cost of bags and administering the fee; the balance goes to a fund that can be used to provide reusable carryout bags and to promote conservation and recycling programs.

Concerned that the idea could spread 鈥� officials in Flagstaff, 蜜柚直播 and Tempe have been looking at their own ordinances as well 鈥� Petersen introduced legislation to pre-empt local laws.

The measure, first approved in 2015, makes it illegal for any community to impose fees or deposits on the use of 鈥渁uxiliary containers,鈥� which include everything from soda bottles and cups to disposable bags 鈥渦sed for transporting merchandise or food.鈥�

Facing a lawsuit over the way the measure had been enacted, Petersen came back last year and recrafted it into its current form. It is that law that he now contends Bisbee is violating 鈥� and wants Brnovich to investigate and, potentially, cut off its state funds.

Petersen, in pushing the legislation on behalf of business interests that might be affected by such restrictions, told colleagues during debate he was acting in the name of individual freedom.

鈥淚 understand that some people want to make the decision of 鈥榩aper or plastic鈥� for other people,鈥� he said.

鈥淎nd I understand some people have an ideology of collectivism,鈥� Petersen continued. 鈥淔or me, I support individual rights and people making their own decisions.鈥�

Michele Ahlmer of the 蜜柚直播 Retailers Association said she sees the issue in more basic terms.

She said it鈥檚 a matter of consistency for chains that operate statewide. Differing rules in various cities are 鈥渞eally hard to administer from a corporate level,鈥� she said.

Dunn, however, said he sees it from the perspective of what it has meant visually to the community.

He said that prior to the ordinance there were areas of visual blight, with plastic bags clinging to trees.

Now, Dunn said, that has pretty much disappeared.

Dunn said he expects the council to meet in executive session with City Attorney Britt Hanson to decide what to do next, if anything. Hanson said he could not comment on the complaint.

But in a letter to Brnovich after the ordinance was adopted, Hanson said that Bisbee 鈥� along with several other communities 鈥� is a charter city entitled to enact matters of strictly local concern. And he argued that the bag ordinance fits within that category.

鈥淥ne of the several purposes of Bisbee Ordinance O-13-14 was to eliminate the unsightly litter along Bisbee roads and elsewhere that resulted from plastic bags blown and caught on trees,鈥� Hanson wrote.

鈥淎ccordingly, the city regards the ordinance as in full force and effect.鈥�

And Hanson noted something else: The Bisbee ordinance was enacted before even the 2015 version of the law.

Whether that makes any difference remains to be seen.