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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1398 |
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.29; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11‑269.09; amending title 48, chapter 1, Arizona Revised Statutes, by adding article 12; relating to local coordination with the federal government.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.29, to read:
9-500.29. Federal and state regulations; local coordination; standing; definitions
A. If a city or town has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the city or town shall demand by any lawful means that the federal or state government coordinate with the city or town before the federal or state government implements, enforces, expands or extends the federal or state regulation, rule, plan or policy within the city's or town's jurisdictional boundaries. This subsection is mandatory unless the city or town specifically votes to not demand coordination.
B. If the federal or state government fails to coordinate in good faith with the city or town, the city or town shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the city's or town's coordination rights.
C. If a person who resides or does business in this state serves each member of the city's or town's governing body with a written demand that the city or town comply with this section and, within sixty days after service of the written demand, the city or town governing body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the city or town law, regulation, plan or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response, the city or town shall hold a public hearing to present information on the decision not to demand coordination.
D. For the purposes of this section:
1. "Coordinate" means the action necessary to achieve coordination.
2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a city or town law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.
3. "Less restrictive" means a city or town law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the city's or town's jurisdictional boundaries.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.09, to read:
11-269.09. Federal and state regulations; local coordination; standing; definitions
A. If a county has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the county shall demand by any lawful means that the federal or state government coordinate with the county before the federal or state government implements, enforces, expands or extends the federal regulation, rule, plan or policy within the county's jurisdictional boundaries. this subsection is mandatory unless the county specifically votes to not demand coordination.
B. If the federal or state government fails to coordinate in good faith with the county, the county shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the county's coordination rights.
C. If a person who resides or does business in this state serves each member of the board of supervisors with a written demand that the county comply with this section and, within sixty days after service of the written demand, the board of supervisors fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the county law, regulation, plan or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response, the county shall hold a public hearing to present information on the decision not to demand coordination.
D. For the purposes of this section:
1. "Coordinate" means the action necessary to achieve coordination.
2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a county law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.
3. "Less restrictive" means a county law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the county's jurisdictional boundaries.
Sec. 3. Title 48, chapter 1, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. LOCAL COORDINATION WITH
THE FEDERAL AND STATE GOVERNMENT
48-281. Federal and state regulations; local coordination; standing; definitions
A. If a district that is formed under this title and that has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the district shall demand by any lawful means that the federal or state government coordinate with the district before the federal or state government implements, enforces, expands or extends the federal or state regulation, rule, plan or policy within the district's jurisdictional boundaries. This subsection is mandatory unless the district specifically votes to not demand coordination.
B. If the federal or state government fails to coordinate in good faith with the district, the district shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the district's coordination rights.
C. If a person who resides or does business in this state serves each member of the district's governing body with a written demand that the district comply with this section and, within sixty days after service of the written demand, the district governing body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the district law, regulation, plan or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response, the district shall hold a public hearing to present information on the decision not to demand coordination.
D. For the purposes of this section:
1. "Coordinate" means the action necessary to achieve coordination.
2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a district law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.
3. "Less restrictive" means a district law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the district's jurisdictional boundaries.