HB2827 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-142, Arizona Revised Statutes, is amended to read:

START_STATUTE11-142. Organization of new county; powers and duties of county officers pending organization

A. A new county approved pursuant to this article is officially organized and exists and the affected county or counties are officially terminated from and after December 31 following the election of county officers pursuant to section 11-140. The affected county or counties shall continue to provide necessary services through December 31.

B. After the canvass of the election of county officers the initial board of supervisors and other officers of each new county shall begin the organization of their respective counties. Any action taken before January 1 is merely preparatory in nature but shall be confirmed on the official organization of the county. For these purposes, and according to the determination of the commission, the county officers may arrange for:

1. Employing and terminating personnel.

2. Purchasing or otherwise acquiring and disposing of property.

C. Before January 1 the boards of supervisors of the new counties may enter into contracts, including intergovernmental agreements pursuant to chapter 7, article 3 of this title, to become effective January 1.

D. The budgets of the new counties for the period before the first full fiscal year after the establishment of the new county governments shall be set by the distribution board, derived from the budget of the affected county or counties and apportioned among the new counties according to their respective populations.

E. The governor shall appoint a clerk of the superior court in each new county to hold office until the time provided by general law for the next election and qualification of an elected clerk of the court. Legal actions pending at the time of organizing new counties shall be transferred or otherwise disposed of pursuant to sections 12-402 and 12-403.

F. All ordinances, codes and rules of the affected county continue in effect, apply to and shall be enforced by the new county until revoked or superseded by ordinances, or codes or rules adopted by the new county. END_STATUTE

Sec. 2. Section 11-241, Arizona Revised Statutes, is amended to read:

START_STATUTE11-241. Appointment; duties

The board of supervisors shall appoint a clerk of the board, who shall:

1. Record all proceedings of the board.

2. Make full entries of the board's resolutions and decisions on all questions concerning the raising of money for and allowance of accounts against the county.

3. Record the vote of each member on every question upon which there is a division or at the request of any member present.

4. Sign all orders made and warrants issued by order of the board for the payment of money.

5. Record the reports of the county treasurer of the receipts and disbursements of the county.

6. Preserve and file all accounts acted upon by the board.

7. Preserve and file all petitions and record the actions of the board thereon.

8. Record all orders levying taxes.

9. Perform all other duties required by law or rule or order of the board. END_STATUTE

Sec. 3. Section 11-251, Arizona Revised Statutes, is amended to read:

START_STATUTE11-251. Powers of board

The board of supervisors, under such limitations and restrictions as are prescribed by law, may:

1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that such officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection.

2. Divide the counties into such districts or precincts as required by law, change them and create others as convenience requires.

3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass election returns, declare the result and issue certificates thereof.

4. Lay out, maintain, control and manage public roads, ferries and bridges within the county and levy such tax for that purpose as may be authorized by law.

5. Provide for the care and maintenance of the sick of the county, erect and maintain hospitals for that purpose and, in its discretion, provide a farm in connection with the county hospital and adopt ordinances for working the farm.

6. Provide suitable rooms for county purposes.

7. Purchase, receive by donation or lease real or personal property necessary for the use of the county prison and take care of, manage and control the property, but no purchase of real property shall be made unless the value has been previously estimated by three disinterested citizens of the county, appointed by the board for that purpose, and no more than the appraised value shall be paid for the property.

8. Cause to be erected and furnished a courthouse, jail and hospital and such other buildings as necessary, and construct and establish a branch jail, when necessary, at a point distant from the county seat.

9. Sell at public auction, after thirty days' previous notice given by publication in a newspaper of the county, stating the time and place of the auction, and convey to the highest bidder, for cash or contract of purchase extending not more than ten years from the date of sale and on such terms and for such consideration as the board shall prescribe, any property belonging to the county that the board deems advantageous for the county to sell, or that the board deems unnecessary for use by the county, and shall pay the proceeds thereof into the county treasury for use of the county, except that personal property need not be sold but may be used as a trade‑in on the purchase of personal property when the board deems this disposition of the personal property to be in the best interests of the county. When the property for sale is real property, the board shall have such property appraised by a qualified independent fee appraiser who has an office located in this state. The appraiser shall establish a minimum price, which shall not be less than ninety per cent of the appraised value. The notice regarding the sale of real property shall be published in the county where the property is situated and may be published in one or more other counties, and shall contain, among other things, the appraised value, the minimum acceptable sale price, and the common and legal description of the real property. Notwithstanding the requirement for a sale at public auction prescribed in this paragraph, a county, with unanimous consent of the board and without a public auction, may sell or lease any county property to any other duly constituted governmental entity, including the state, cities, towns and other counties. A county, with unanimous consent of the board and without public auction, may grant an easement on county property for public purposes to a utility as defined in section 40‑491. A county, with unanimous consent of the board and without public auction, may sell or lease any county property for a specific use to any solely charitable, social or benevolent nonprofit organization incorporated or operating in this state. A county may dispose of surplus equipment and materials that have little or no value or that are unauctionable in any manner authorized by the board.

10. Examine and exhibit the accounts and performance of all officers having the care, management, collection or disbursement of monies belonging to the county or appropriated by law or otherwise for the use and benefit of the county. The working papers and other audit files in an examination and audit of the accounts and performance of a county officer are not public records and are exempt from title 39, chapter 1. The information contained in the working papers and audit files prepared pursuant to a specific examination or audit is not subject to disclosure, except to the county attorney and the attorney general in connection with an investigation or action taken in the course of their official duties.

11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be drawn on the county treasurer for that purpose and provide for issuing the warrants.

12. Levy such tax annually on the taxable property of the county as may be necessary to defray the general current expenses thereof, including salaries otherwise unprovided for, and levy such other taxes as are required to be levied by law.

13. Equalize assessments.

14. Direct and control the prosecution and defense of all actions to which the county is a party, and compromise them.

15. Insure the county buildings in the name of and for the benefit of the county.

16. Fill by appointment all vacancies occurring in county or precinct offices.

17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses thereof.

18. With the approval of the department of health services, contract with any qualified person to provide all or part of the health services, funded through the department of health services with federal or state monies, that the board in its discretion extends to residents of the county.

19. Contract for county printing and advertising, and provide books and stationery for county officers.

20. Provide for rebinding county records, or, if necessary, the transcribing of county records.

21. Make Adopt and enforce necessary rules ordinances and regulations for the government of its body, the preservation of order and the transaction of business.

22. Adopt a seal for the board, a description and impression of which shall be filed by the clerk in the office of the county recorder and the secretary of state.

23. Establish, maintain and conduct or aid in establishing, maintaining and conducting public aviation fields, purchase, receive by donation or lease any property necessary for that purpose, lease, at a nominal rental if desired, sell such aviation fields or property to the United States or any department, or sell or lease such aviation fields to a city, exchange lands acquired pursuant to this section for other lands, or act in conjunction with the United States in maintaining, managing and conducting all such property. If any such property or part of that property is not needed for these purposes, it shall be sold by the board and the proceeds shall be paid into the general fund of the county.

24. Acquire and hold property for the use of county fairs, and conduct, take care of and manage them.

25. Authorize the sheriff to offer a reward, not exceeding ten thousand dollars in one case, for information leading to the arrest and conviction of persons charged with crime.

26. Contract for the transportation of insane persons to the state hospital or direct the sheriff to transport such persons. The county is responsible for such expense to the extent the expense is not covered by any third party payor.

27. Provide for the reasonable expenses of burial for deceased indigents as provided in section 36‑831 and maintain a permanent register of deceased indigents, including name, age and date of death, and when burial occurs, the board shall mark the grave with a permanent marker giving the name, age, and date of birth, if known.

28. Sell or grant to the United States the title or interest of the county in any toll road or toll train in or partly within a national park, on such terms as may be agreed on by the board and the secretary of the interior of the United States.

29. Enter into agreements for acquiring rights‑of‑way, construction, reconstruction or maintenance of highways in their respective counties, including highways that pass through Indian reservations, with the government of the United States, acting through its duly authorized officers or agents pursuant to any act of Congress, except that the governing body of any Indian tribe whose lands are affected must consent to the use of its land, and any such agreements entered into before June 26, 1952 are validated and confirmed.

30. Do and perform all other acts and things necessary to the full discharge of its duties as the legislative authority of the county government, including receiving and accepting payment of monies by credit card or debit card, or both. Any fees or costs incurred by the use of the credit or debit card shall be paid by the person tendering payment unless the charging entity determines that the financial benefits of accepting credit cards or debit cards exceeds the additional processing fees.

31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law.

32. Budget for funds for foster home care during the school week for children with intellectual disabilities and otherwise handicapped children who reside within the county and attend a school for the handicapped in a city or town within such county.

33. Do and perform all acts necessary to enable the county to participate in the economic opportunity act of 1964 (P.L. 88‑452; 78 Stat. 508), as amended.

34. Provide a plan or plans for its employees that provide tax deferred annuity and deferred compensation plans as authorized pursuant to title 26, United States Code. Such plans shall allow voluntary participation by all employees of the county. Participating employees shall authorize the board to make reductions in their remuneration as provided in an executed deferred compensation agreement.

35. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.

36. Subject to the prohibitions, restrictions and limitations as set forth in section 11‑812, adopt and enforce standards for excavation, landfill and grading to prevent unnecessary loss from erosion, flooding and landslides.

37. Make and enforce necessary ordinances for the operation and licensing of any establishment not in the limits of an incorporated city or town in which is carried on the business of providing baths, showers or other forms of hydrotherapy or any service of manual massage of the human body.

38. Provide pecuniary compensation as salary or wages for overtime work performed by county employees, including those employees covered by title 23, chapter 2, article 9. In so providing, the board may establish salary and wage plans incorporating classifications and conditions prescribed by the federal fair labor standards act.

39. Establish, maintain and operate facilities that provide for physical evaluation, diagnosis and treatment of patients and that do not keep patients overnight as bed patients or treat patients under general anesthesia.

40. Enact ordinances under its police authority prescribing reasonable curfews in the entire unincorporated area or any area less than the entire unincorporated area of the county for minors and fines not to exceed the fine for a petty offense for violation of such ordinances. Nothing in this paragraph shall be construed to require a request from an association or a majority of the residents of an area before the board may enact an ordinance applicable to the entire or any portion of the unincorporated area. An ordinance enacted pursuant to this paragraph shall provide that a minor is not violating a curfew if the minor is accompanied by a parent, a guardian or an adult having supervisorial custody, is on an emergency errand or has been specifically directed to the location on reasonable, legitimate business or some other activity by the parent, guardian or adult having supervisorial custody. If no curfew ordinance is applicable to a particular unincorporated area of the county, the board may adopt a curfew ordinance on the request or petition of either:

(a) A homeowners' association that represents a majority of the homeowners in the area covered by the association and to which the curfew would apply.

(b) A majority of the residents of the area to which the curfew would apply.

41. Lease or sublease personal property owned by the county to other political subdivisions of this state to be used for a public purpose.

42. In addition to the agreements authorized by section 11‑651, enter into long‑term agreements for the purchase of personal property, provided that the board may cancel any such agreement at the end of a fiscal year, at which time the seller may repossess the property and the agreement shall be deemed terminated.

43. Make and enforce necessary ordinances not in conflict with the laws of this state to regulate off‑road recreational motor vehicles that are operated within the county on public lands without lawful authority or on private lands without the consent of the lawful owner or that generate air pollution. For the purposes of this paragraph, "off‑road recreational motor vehicle" means three and four wheel vehicles manufactured for recreational nonhighway all terrain travel.

44. Acquire land for roads, drainage ways and other public purposes by exchange without public auction, except that notice shall be published thirty days before the exchange, listing the property ownership and descriptions.

45. Purchase real property for public purposes, provided that final payment shall be made not later than five years after the date of purchase.

46. Lease‑purchase real property and improvements for real property for public purposes, provided that final payment shall be made not later than twenty‑five years after the date of purchase. Any increase in the final payment date from fifteen years up to the maximum of twenty‑five years shall be made only on unanimous approval by the board of supervisors.

47. Make and enforce ordinances for the protection and disposition of domestic animals subject to inhumane, unhealthful or dangerous conditions or circumstances provided that nothing in this paragraph limits or restricts the authority granted to incorporated cities and towns or counties pursuant to section 13‑2910. An ordinance enacted pursuant to this paragraph shall not restrict or limit the authority of the game and fish commission to regulate the taking of wildlife. For the purposes of this paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic purposes.

48. If a part of a parcel of land is to be taken for roads, drainage, flood control or other public purposes and the board and the affected property owner determine that the remainder will be left in such a condition as to give rise to a claim or litigation concerning severance or other damage, acquire the whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means, and the remainder may be sold or exchanged for other properties needed for any public purpose.

49. Make and enforce necessary rules providing for the reimbursement of travel and subsistence expenses of members of county boards, commissions and advisory committees when acting in the performance of their duties, if the board, commission or advisory committee is authorized or required by federal or state law or county ordinance, and the members serve without compensation.

50. Provide a plan or plans for county employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.

51. Provide for fringe benefits for county employees, including sick leave, personal leave, vacation and holiday pay and jury duty pay.

52. Make and enforce ordinances that are more restrictive than state requirements to reduce or encourage the reduction of carbon monoxide and ozone levels, provided an ordinance does not establish a standard for vehicular emissions, including ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the county and employees whose place of employment is in unincorporated areas of the county.

53. Make and enforce ordinances to provide for the reimbursement of up to one hundred per cent of the cost to county employees of public bus or van pool transportation to and from their place of employment.

54. Lease for public purposes any real property, improvements for real property and personal property under the same terms and conditions, to the extent applicable, as are specified in sections 11‑651 and 11‑653 for lease‑purchases.

55. Enact ordinances prescribing regulation of alarm systems and providing for civil penalties to reduce the incidence of false alarms at business and residential structures relating to burglary, robbery, fire and other emergencies not within the limits of an incorporated city or town.

56. In addition to paragraph 9 of this section, and notwithstanding section 23‑504, sell or dispose of, at no less than fair market value, county personal property that the board deems no longer useful or necessary through a retail outlet or to another government entity if the personal property has a fair market value of no more than one thousand dollars, or by retail sale or private bid, if the personal property has a fair market value of no more than fifteen thousand dollars. Notice of sales in excess of one thousand dollars shall include a description and sale price of each item and shall be published in a newspaper of general circulation in the county, and for thirty days after notice other bids may be submitted that exceed the sale price by at least five per cent. The county shall select the highest bid received at the end of the thirty day period.

57. Sell services, souvenirs, sundry items or informational publications that are uniquely prepared for use by the public and by employees and license and sell information systems and intellectual property developed from county resources that the county is not obligated to provide as a public record.

58. On unanimous consent of the board of supervisors, license, lease or sell any county property pursuant to paragraphs 56 and 57 of this section at less than fair market value to any other governmental entity, including this state, cities, towns, public improvement districts or other counties within or outside of this state, or for a specific purpose to any charitable, social or benevolent nonprofit organization incorporated or operating in this state.

59. On unanimous consent of the board of supervisors, provide technical assistance and related services to a fire district pursuant to an intergovernmental agreement.

60. Adopt contracting procedures for the operation of a county health system pursuant to section 11‑291. Before the adoption of contracting procedures the board shall hold a public hearing. The board shall publish one notification in a newspaper of general circulation in the county seat at least fifteen days before the hearing.

61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of this title for a city or town to provide emergency fire or emergency medical services pursuant to section 9‑500.23 to a county island as defined in section 11‑251.12. The board may charge the owners of record in the county island a fee to cover the cost of an intergovernmental agreement that provides fire and emergency medical services.

62. In counties that employ or have designated an animal control county enforcement agent pursuant to section 11‑1005, enter into agreements with foundations or charitable organizations to solicit donations, property or services, excluding enforcement or inspection services, for use by the county enforcement agent solely to perform nonmandated services and to fund capital improvements for county animal control, subject to annual financial and performance audits by an independent party as designated by the county board of supervisors. For the purposes of this paragraph, nonmandated services are limited to low cost spay and neuter services, public education and outreach efforts, pet adoption efforts, care for pets that are victims of cruelty or neglect and support for volunteer programs.

63. Adopt and provide for the enforcement of ordinances prohibiting open fires and campfires on designated lands in the unincorporated areas of the county when a determination of emergency is issued by the county emergency management officer and the board deems it necessary to protect public health and safety on those lands.

64. Fix the amount of license fees to be paid by any person, firm, corporation or association for carrying on any game or amusement business in unincorporated areas of the county and prescribe the method of collection or payment of those fees, for a stated period in advance, and fix penalties for failure to comply by fine. Nothing in this article shall be construed as authorizing any county to require an occupational license or fee for any activity if state law precludes requiring such a license or fee.

65. Adopt and enforce ordinances for the prevention, abatement and removal of graffiti, providing that any restrictions on the retail display of potential graffiti tools be limited to any of the following, as determined by the retail business:

(a) In a place that is in the line of sight of a cashier or in the line of sight from a work station normally continuously occupied during business hours.

(b) In a manner that makes the product accessible to a patron of the business establishment only with the assistance of an employee of the establishment.

66. Adopt ordinances and fees related to the implementation of a local stormwater quality program pursuant to title 49, chapter 2, article 11. END_STATUTE

Sec. 4. Section 11-251.05, Arizona Revised Statutes, is amended to read:

START_STATUTE11-251.05. Ordinances

A. The board of supervisors may:

1. In the conduct of county business, adopt, amend and repeal all ordinances necessary or proper to carry out the duties, responsibilities and functions of the county which are not otherwise specifically limited by section 11-251 or any other law or in conflict with any rule or law of this state.

2. Prescribe punishment by fine or imprisonment, or both, for the violation of an ordinance adopted pursuant to paragraph 1 of this subsection. A fine or imprisonment shall not exceed the maximum limitations for a class 1 misdemeanor.

B. Ordinance authority under subsection A of this section shall be in addition to and preemptive of ordinance, rule making or regulatory authority of any other county board or county commission. The adoption of ordinances is solely within the authority of the board unless otherwise explicitly provided by statute. The board may not delegate this authority to any county board, commission or administrative unit. A county may not impose taxes except as otherwise provided by law and as specified in section 11‑251.

C. Prior to adoption, amendment or repeal of an ordinance under this section, the board of supervisors substantially comply with the procedures in section 11‑251.16 and shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After adopted or amended, the ordinance shall be published at least once in a newspaper of general circulation in the county seat.

D. An ordinance adopted under this section may apply to the unincorporated and incorporated areas in the county if the ordinance is not in conflict with an existing city or town ordinance or state law or otherwise regulated by the state. If the ordinance is intended to apply to any incorporated area of the county, prior to the ordinance becoming effective within the boundaries of a city or town, the city or town council shall consider the ordinance and, if the council finds that the subject matter of the ordinance is not either a matter of local concern or governed by an existing city or town ordinance, the council shall approve by resolution the application or enforcement of such ordinance within the boundaries of the city or town. Upon thirty days' notice to the county, a city or town council may rescind such approval by resolution if the subject matter of the ordinance is governed or to be governed by a city or town ordinance. An ordinance may apply to the unincorporated areas of the county, to part or parts of such areas or to a combination of incorporated and unincorporated areas of the county, as the board deems appropriate and subject to the approval of a city or town as specified in this subsection.

E. Nothing contained in this section shall be construed to prohibit a county from exercising such powers and authority as are granted under other provisions of state law. END_STATUTE

Sec. 5. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding sections 11-251.16 and 11‑251.17, to read:

START_STATUTE11-251.16. Adoption of ordinances; procedures

A. At least sixty days before the adoption of an ordinance by the board, the clerk of the board shall provide a notice and make available the entire text of any proposed ordinance at the office of the clerk and on the county website. The notice shall contain an explanation of the ordinance, including the county's reasons for initiating the ordinance, the statutory authority for the ordinance, a reference to any study known at that time to be used in consideration of the ordinance and where it may be obtained, the name and address of county personnel with whom persons may communicate regarding the ordinance, and where any electronic or written statements concerning the ordinance should be addressed. The notice shall also contain the date, time and place of any public hearing to be conducted by the board of supervisors or any county board, commission or administrative unit designated by the board.

B. Not less than thirty days after the posting of the notice, the board of supervisors or the county board, commission or administrative unit designated by the board shall conduct a public hearing and receive written, electronic and oral statements concerning the proposed ordinance.

C. At least fifteen days before the meeting at which the board of supervisors will adopt, amend or repeal an ordinance, a notice shall be given of the date, time and location of the meeting by publication on the county website. The notice also shall contain a response to the public comments, except for comments provided at the public hearing if conducted before the board of supervisors.

D. The board shall receive a record of all written, electronic and oral statements, including the responses to the public comments pursuant to subsection c of this section, before adopting an ordinance.

E. If as a result of public comments or internal review, the board of supervisors determines that a proposed ordinance requires substantial change, the board shall issue a supplemental notice containing the changes in the proposed ordinance and provide for additional public comment pursuant to this section before adoption.

F. Notwithstanding this section, the board may adopt an ordinance when the board makes a finding that an emergency exists provided that the ordinance shall terminate after the board determines the emergency situation no longer exists. An emergency exists to do any of the following:

1. Protect the public health, safety or welfare.

2. Comply with deadlines in amendments to a county's governing law or federal programs.

3. Avoid violation of federal law or regulation or other state law if the situation is not the result of delay or inaction by the board.

4. Avoid an imminent budget reduction.

5. Avoid serious prejudice to the public interest or the interest of the parties concerned.

G. The board of supervisors shall consider each of the following methods and may reduce the impact of the ordinance on small businesses by using one or more of the following methods if it finds that the methods are legal and feasible in meeting the objectives that are the basis of the proposed ordinance:

1. Establish less stringent compliance or reporting requirements.

2. Establish less stringent schedules or deadlines.

3. Consolidate or simplify the compliance or reporting requirements.

4. Establish performance standards for small businesses to replace design or operational standards.

5. Exempt small businesses from any or all requirements.

H. The requirements of this section shall not apply to:

1. Substantive policy statements.

2. Internal procedural documents that only affect the internal procedures of the county and do not impose additional requirements or penalties on regulated parties.

3. An interpretation requested by a regulated person provided it is subject to a public appeals process.

4. Authorized functions of an elected county officer as established by chapter 3, articles 2, 3, 4, 5, 6 and 7.

5. Any form whose contents or substantive requirements are prescribed by ordinance or statute and instructions for the execution or use of the form. END_STATUTE

START_STATUTE11-251.17. Publication of county ordinances; register

A. The clerk of the board shall publish on the county website all ordinances adopted by the county board of supervisors.

B. The clerk of the board shall maintain on the county website a register of activities related to the adoption of ordinances that shall include:

1. A schedule of the time, date and place of all hearings on proposed repeals, adoptions or amendments of ordinances.

2. Any notices related to proposed ordinances, including the full text of any proposed ordinance, an explanation of any proposed ordinance, and the statutory authority for the ordinance.

3. A summary of board action on each ordinance.

4. Supplemental notices and any new amended or added language to a proposed ordinance.

Sec. 6. Section 11-269.10, Arizona Revised Statutes, is amended to read:

START_STATUTE11-269.10. Parking; public service and public safety emergency vehicles; definition

A. Notwithstanding any provision in rule or ordinance, a county shall not prohibit a resident from parking a motor vehicle on a street or driveway in the county if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:

1. The resident is employed by a public service corporation that is regulated by the Arizona corporation commission, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation, federally regulated utility or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation, federally regulated utility or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation, federally regulated utility or municipal utility.

2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B. For the purposes of this section, "telecommunications" means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services. END_STATUTE

Sec. 7. Section 11-403, Arizona Revised Statutes, is amended to read:

START_STATUTE11-403. Practice of law prohibited to certain officers; exceptions

A. The sheriff and constable and their deputies are prohibited from practicing law, or forming a partnership with an attorney-at-law.

B. In a county of the first class having a population of sixty thousand or over, as determined by the official census of the United States, the county attorney or his deputies shall not engage in the private practice of law, except:

1. With consent of the board of supervisors, a special deputy county attorney may be appointed upon a fee basis in like manner as a special assistant attorney general.

2. Deputy county attorneys may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the county attorney's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state, the county or any of their agencies.

(g) The deputy county attorney's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest.

(j) The activity will not utilize resources that will result in a cost to this state, the county or any of their agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which includes a provision holding the agency harmless from any of the work undertaken by the attorney.

C. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client under subsection B, paragraph 2 of this section shall not disqualify the office from subsequently participating in any action affecting the client. END_STATUTE

Sec. 8. Section 11-583, Arizona Revised Statutes, is amended to read:

START_STATUTE11-583. Private practice of civil and criminal law prohibited; exception; limitation

A. The public defender and his full-time deputies shall not engage in the private practice of law, except:

1. Such prohibition shall not apply to part-time deputies, except that in no instance shall part-time deputies engage in any private litigation in which the county or an officer thereof in his official capacity is a party.

2. Deputy county public defenders may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the public defender's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state, the county or any of their agencies.

(g) The deputy county public defender's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest.

(j) The activity will not utilize resources that will result in cost to this state, the county or any of their agencies.

B. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client under subsection A, paragraph 2 of this section shall not disqualify the office from subsequently participating in any action affecting the client.

B. C. The public defender shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county except as provided in this article unless authorized by the board of supervisors to enter into an intergovernmental agreement with another county pursuant to chapter 7, article 3 of this title. END_STATUTE

Sec. 9. Section 11-802, Arizona Revised Statutes, is amended to read:

START_STATUTE11-802. County planning and zoning commissions

A. The board of supervisors of a county, in order to conserve and promote the public health, safety, convenience and general welfare and pursuant to this chapter, shall plan and provide for the future growth and improvement of its area of jurisdiction, coordinate all public improvements pursuant to the plan, form a planning and zoning commission to consult with and advise it regarding matters of planning, zoning and subdivision platting and, in the manner provided in this chapter, adopt and enforce those rules, regulations, ordinances and plans as may apply to the development of its area of jurisdiction.

B. The commission shall act in an advisory capacity to the board and may or, if requested by the board, shall make a report or recommendation in connection with any matter relating to the development of the county under the jurisdiction of the board. The commission shall make those investigations, maps, reports and recommendations in connection with those investigations, maps and reports as seem desirable within the limits of the monies available.

C. In the counties having three supervisorial districts, each county planning and zoning commission shall consist of nine members who shall be qualified electors of the county. Three members shall be appointed from each supervisorial district by the supervisor from that district, and not more than one of the three may be a resident of an incorporated municipality. Members of the commission shall serve without compensation except for reasonable travel expenses.

D. Except as provided in subsection E of this section, in the counties having five supervisorial districts, each county planning and zoning commission shall consist of ten members who shall be qualified electors of the county. Two members shall be appointed from each supervisorial district by the supervisor from that district. Members shall be residents of the district from which they are appointed. Members of the commission shall serve without compensation except for reasonable travel expenses.

E. If any supervisorial district is at least ninety per cent Indian reservation and at least ninety per cent of the district is not subject to county zoning regulations, the supervisor from the district may appoint some or all of the members to the commission from any supervisorial district in the county if there is no appointee who is willing to serve within the supervisorial district. These appointments are subject to the limitations on residency required by subsections C and D of this section. Members appointed to the commission pursuant to this subsection require the approval of the board.

F. In counties with a population of less than one hundred seventy-nine thousand persons, an alternate member may be appointed by the appointing supervisor for each commission member appointed pursuant to subsections C, D and E of this section to serve in the absence of that member. Alternate members may be appointed from any supervisorial district in the county. During any meeting of the commission, if the regularly appointed member becomes available, the alternate member shall conclude any action on the agenda item under consideration and the regularly appointed member shall be seated for the remaining items.

G. The terms of the members of the commissions shall be for four years except for those initially appointed. Of those members initially appointed pursuant to subsection C of this section, five members shall be appointed to a two year term and four members shall be appointed to a four year term. Of those members initially appointed pursuant to subsection D of this section, five members shall be appointed to a two year term and five members shall be appointed to a four year term. Thereafter, each term shall be four years. If a vacancy occurs otherwise than by expiration of term, the vacancy shall be filled by appointment for the unexpired portion of the term. The board may remove members of the commission for cause.

H. On a conversion from three to five supervisorial districts pursuant to section 11‑212, the board of supervisors, on expiration of the terms of members of the commission serving on the date of the conversion, shall make those appointments to fill the vacancies to conform to subsection D of this section as soon as is practicable.

I. The county assessor, county engineer, county health officer and county attorney shall serve in an advisory capacity to the commission and to the boards of adjustment.

J. The commission shall:

1. Elect a chairperson from among its members for a term of one year and those other officers as it determines.

2. By resolution fix the time and place within the district of regular meetings, hold at least one regular meeting each month when there is new official business to transact and hold additional meetings as the chairperson or a majority of the commission deems necessary.

3. Adopt procedural rules for the transaction of business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record and be open to public inspection.

4. Transmit all of its recommendations, decisions, findings, reports and official actions, regardless of vote, to the board of supervisors.

K. A majority of the commission constitutes a quorum for the transaction of business and a majority vote of the quorum is required for any official action. END_STATUTE

Sec. 10. Section 11-807, Arizona Revised Statutes, is amended to read:

START_STATUTE11‑807. Specific zoning plans; adoption; administration; contents

A. The board or commission of a county with a population of less than two million persons may prepare specific zoning plans for designated parcels of land, which shall include a text and maps of a land use plan and specific zoning, sign, street and other regulations for implementation of the county master plans. All property owners within the boundaries of the specific zoning plan shall give written consent before the plan may be established. A specific zoning plan shall not be adopted if it creates an area that is not within the plan but is completely surrounded by the plan boundaries.

B. A specific zoning plan may be adopted or amended after notice and hearings before the commission and board as provided in section 11‑813. If the board adopts a specific zoning plan, it shall adopt ordinances and establish administrative rules and procedures for the application and enforcement of the plan and may assign or delegate administrative functions, powers and duties for the plan to county officers and officials.

C. A specific zoning plan shall include text, maps and illustrations specifying all of the following:

1. The distribution, location and extent of land uses, including open space.

2. The distribution, location, extent and intensity of major components of public and private transportation, sewage and solid waste disposal, drainage and other facilities necessary to provide for the land uses described in the specific zoning plan.

3. Standards by which development shall proceed and, if applicable, requirements for conservation, development and utilization of natural resources.

4. A statement of whether the specific zoning plan is consistent with the comprehensive plan required by section 11‑804.

5. Any other matters necessary or desirable for implementation of the specific zoning plan.

D. All specific zoning plans adopted under this article shall be consistent with and conform to the adopted comprehensive plan. END_STATUTE

Sec. 11. Section 11-833, Arizona Revised Statutes, is amended to read:

START_STATUTE11-833. Standards for enactment of moratorium; land development; limitations; definitions

A. A county shall not adopt a moratorium on construction or land development unless it first:

1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adoption of the moratorium.

2. Makes written findings justifying the need for the moratorium in the manner provided for in this section.

3. Holds a public hearing on the adoption of the moratorium and the findings that support the moratorium.

B. For urban land or land subject to potential urbanization, a moratorium may be justified by demonstration of a need to prevent a shortage of essential public facilities that would otherwise occur during the effective period of the moratorium. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. A showing of the extent of need beyond the estimated capacity of existing essential public facilities expected to result from new land development, including identification of any essential public facilities currently operating beyond capacity and the portion of this capacity already committed to development, or in the case of water resources, a showing that, in an active management area as defined in section 45‑402, an assured water supply cannot be provided, or outside an active management area, a sufficient water supply cannot be provided, to the new land development, including identification of current water resources and the portion already committed to development.

2. That the moratorium is reasonably limited to those areas of the county where a shortage of essential public facilities would otherwise occur and on property that has not received development approvals based on the sufficiency of existing essential public facilities.

3. That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining essential public facility capacity.

C. A moratorium not based on a shortage of essential public facilities under subsection B of this section may be justified only by a demonstration of compelling need for other public facilities, including police and fire facilities. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. For urban land or land subject to potential urbanization:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the county are not unreasonably restricted by the adoption of the moratorium.

(d) That the county has determined that the public harm that would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands and the overall impact of the moratorium on population distribution.

(e) That the city or town proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

2. For rural land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) The reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(c) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium.

(d) That the county proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

D. Any moratorium adopted pursuant to this section does not affect any express provision in a development agreement entered into pursuant to section 9‑500.05 or as defined in section 11‑1101 governing the rate, timing and sequencing of development, nor does it affect rights acquired pursuant to a protected development right granted according to chapter 9 of this title or title 9, chapter 11. Any moratorium adopted pursuant to this section shall provide a procedure pursuant to which an individual landowner may apply for a waiver of the moratorium's applicability to its property by claiming rights obtained pursuant to a development agreement, a protected development right or any vested right or by providing the public facilities that are the subject of the moratorium at the landowner's cost.

E. A moratorium adopted under subsection C, paragraph 1 of this section shall not remain in effect for more than one hundred twenty days, but such a moratorium may be extended for additional periods of time of up to one hundred twenty days if the county adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

1. Verify the problem requiring the need for the moratorium to be extended.

2. Demonstrate that reasonable progress is being made to alleviate the problem resulting in the moratorium.

3. Set a specific duration for the renewal of the moratorium.

F. A county considering an extension of a moratorium shall provide notice to the general public published once in a newspaper of general circulation in the community at least thirty days before a final hearing is held to consider an extension of a moratorium.

G. This section does not prevent a city or town from complying with any state or federal law, regulation or order issued in writing by a legally authorized governmental entity.

H. A landowner aggrieved by a county's adoption of a moratorium pursuant to this section, at any time within thirty days after the moratorium has been adopted, may file a complaint for a trial de novo in the superior court on the facts and the law regarding the moratorium. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters. The court may award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party.

I. For the purposes of this section:

1. "Compelling need" means a clear and imminent danger to the health and safety of the public.

2. "Essential public facilities" means water, sewer and street improvements and water resources to the extent that these improvements and water resources are provided by the county or private utility.

3. "Moratorium on construction or land development" means engaging in a pattern or practice of delaying or stopping issuance of permits, authorizations or approvals necessary for the subdivision and partitioning of, or construction on, any land. It does not include denial or delay of permits or authorizations because they are inconsistent with applicable statutes, rules, zoning or other ordinances.

4. "Rural land" means all property in the unincorporated area of a county or in the incorporated area of the city or town with a population of two thousand nine hundred or less persons.

5. "Urban land or land subject to potential urbanization" means all property in the incorporated area of a city or town with a population of more than two thousand nine hundred persons.

6. "Vested right" means a right to develop property established by the expenditure of substantial sums of money pursuant to a permit or approval granted by the city, town or county. END_STATUTE

Sec. 12. Section 11-863, Arizona Revised Statutes, is amended to read:

START_STATUTE11-863. Contract by county and city for enforcement; ordinances; fees for permits

A. Any county may contract with a city or town to provide for enforcement of such codes or rules and regulations ordinances adopted pursuant thereto.

B. The board may adopt necessary rules and regulations ordinances for the enforcement of any code adopted under this article, provided that any such rules or regulations ordinances relating to inspections shall require that such inspections be made at the earliest reasonable time.

C. The board may establish and charge reasonable fees for permits issued and inspections made pursuant to any code. END_STATUTE

Sec. 13. Section 11-1602, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1602. Regulatory bill of rights

To ensure fair and open regulation by counties, a person:

1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12‑348.

2. Is entitled to receive information and notice regarding inspections as provided in section 11‑1603.

3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11‑1604.

4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11‑1605.

5. Is entitled to receive written or electronic notice from a county on denial of a license application:

(a) That justifies the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11‑1605.

(b) That explains the applicant's right to appeal the denial as provided in section 11‑1605.

6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 11‑1606.

7. May inspect all ordinances, regulations and substantive policy statements of a county, including a directory of documents, at the office of the county or on the county's website as provided in section 11‑1607.

8. Unless specifically authorized, may expect counties to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 11‑1604.

9. May file a complaint with the board of supervisors concerning an ordinance, regulation or substantive policy statement that fails to comply with this section.

10. May review the full text or summary of all ordinance adoption activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 2 of this chapter.

11. May participate in the ordinance adoption process as provided in section 11‑251.16, including providing written or oral comments on proposed ordinances to a county and having the county address those comments as provided in that section.

12. May allege, pursuant to sections 11‑1608 and 11‑1612, that an existing county practice or substantive policy statement constitutes an ordinance and have that county practice or substantive policy statement declared void because the practice or substantive policy statement constitutes an ordinance as provided in section 11-251.05. END_STATUTE

Sec. 14. Section 11-1605, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1605. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption

A. For any new ordinance or regulation requiring a license, a county shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.

B. On or before December 31, 2012, a county that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Counties shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.

C. In establishing time frames, counties shall consider all of the following:

1. The complexity of the licensing subject matter.

2. The resources of the county.

3. The economic impact of delay on the regulated community.

4. The impact of the licensing decision on public health and safety.

5. The possible use of volunteers with expertise in the subject matter area.

6. The possible increased use of general licenses for similar types of licensed businesses or facilities.

7. The possible increased cooperation between the county and the regulated community.

8. Increased county flexibility in structuring the licensing process and personnel including:

(a) Adult businesses and other licenses that are related to the first amendment.

(b) Master planned communities.

(c) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.

9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other non‑county licenses or to participate in meetings as required by law.

D. A county shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic notice of administrative completeness or deficiencies.

E. If a county determines that an application for a license is not administratively complete, the county shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D. If the county issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the county receives the missing information from the applicant. The county may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the county, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.

F. If a county does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a county issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the county.

G. During the substantive review time frame, a county may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic request for additional information. The county and applicant may mutually agree in writing or electronically to allow the county to submit supplemental requests for additional information. If a county issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the county receives the additional information from the applicant.

H. By mutual written or electronic agreement, a county and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.

I. Unless a county and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection H, a county shall issue a written or electronic notice granting or denying a license to an applicant. If a county denies an application for a license, the county shall include in the written or electronic notice at least the following information:

1. Justification for the denial with references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements on which the denial is based.

2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a county contact person who can answer questions regarding the appeals process.

J. If a county does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The county shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The county shall continue to process the application. Notwithstanding any other statute, the county shall make the refund from the fund in which the application fees were originally deposited.

K. This section does not apply to either licenses issued within seven working days after receipt of the initial application or a permit that expire expires within twenty‑one working days after issuance. END_STATUTE

Sec. 15. Section 11-1607, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1607. Directory of documents

The county shall publish, or prominently place on the county website, at least annually a directory summarizing the subject matter of all currently applicable ordinances, regulations and substantive policy statements. The county shall keep copies of this directory and all substantive policy statements at one location. The directory, ordinances, regulations, substantive policy statements and any materials incorporated by reference in these documents shall be open to public inspection at the office of the county or the county website. END_STATUTE

Sec. 16. Section 11-1608, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1608. Complaints; board of supervisors review

A. The board of supervisors shall receive complaints from an affected person concerning ordinances, regulations, substantive policy statements or county practices alleged to violate this article chapter or section 11‑251.05. The board of supervisors may review any ordinance, regulation, substantive policy statement or county practice alleged to violate this article chapter or section 11‑251.05. and may hold hearings regarding the allegations. The board of supervisors may recommend actions to alleviate the aspects of the ordinances, regulations, substantive policy statements or county practices alleged to violate this article.

B. The board of supervisors may require the complaint to be made in writing and include the following information:

1. The name and address of the affected person making the complaint.

2. The ordinance, substantive policy statement or county practice alleged to violate this chapter.

3. Any facts relevant to and the legal basis for the complaint.

C. If the complaint concerns the enforceability of a substantive policy statement or county practice the complaint shall be submitted to the board, commission or administrative unit with which the affected person has a complaint. Within forty-five days after submission, the board, commission or administrative unit shall in writing approve, deny or modify the petition in writing or make recommendations for action to the board of supervisors.

D. The affected person, by filing with the clerk of the board, may appeal to the board of supervisors within thirty days after the commission or administrative unit gives a written decision pursuant to subsection c of this section. The board shall place the complaint concerning a substantive policy statement or county practice on its agenda within thirty days of its filing with the clerk. The board shall deny, approve or modify the petition.

E. If the complaint concerns an ordinance, the affected person, by filing a complaint with the clerk of the board, may request a review of the validity of an ordinance. The board shall place the complaint on its agenda within thirty days of its filing with the clerk. The board shall deny, approve or modify the petition.

F. If the complainant is unsatisfied with an action taken by the board on the complaint, the complainant may file an action for declaratory judgment pursuant to section 11-1612. END_STATUTE

Sec. 17. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding sections 11-1611 and 11‑1612, to read:

START_STATUTE11-1611. Substantive policy statement; directory

A. A county shall file substantive policy statements pursuant to section 11-1623.

B. A county shall ensure that the first page of each substantive policy statement includes the following notice:

This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the county and does not impose additional requirements or penalties on regulated parties or include confidential information or ordinances made pursuant to title 11, chapter 11, article 1, Arizona Revised Statutes. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the county under section 11-1608, Arizona Revised Statutes, for a review of the statement.

C. The county shall publish at least annually a directory summarizing the subject matter of all currently applicable ordinances and substantive policy statements. The county shall keep copies of this directory and all of its substantive policy statements at one location. The directory, ordinances and substantive policy statements and any materials incorporated by reference in the ordinances or substantive policy statements shall be open to public inspection at the office of the county director or county website. END_STATUTE

START_STATUTE11-1612. Declaratory judgment

A. Any person who is affected by a county policy or practice may obtain a judicial declaration of the enforceability of the policy or practice under section 11-251.05 by filing an action for declaratory relief pursuant to title 12, chapter 10, article 2.

B. Any person who is affected by a county ordinance may obtain a judicial declaration of whether the ordinance is void because the ordinance fails to substantially comply with the procedures adopted by the board pursuant to section 11-251.16 by filing an action for declaratory relief pursuant to title 12, chapter 10, article 2.

C. Before filing an action pursuant to this section the person must comply with the requirements of section 11-1608. END_STATUTE

Sec. 18. Section 48-3603, Arizona Revised Statutes, is amended to read:

START_STATUTE48-3603. Powers, duties and immunities of district and board; exemptions

A. A county flood control district organized under this article is a political taxing subdivision of this state and has all the powers, privileges and immunities granted generally to municipal corporations by the constitution and laws of this state, including immunity of its property and bonds from taxation.

B. The board of directors shall exercise all powers and duties in the acquisition and operation of the properties of the district and in carrying out its regulatory functions under this article as are ordinarily exercised by the governing body of a municipal corporation.

C. A district organized under this article, acting through its board of directors, may:

1. Acquire by eminent domain, purchase, donation, dedication, exchange or other lawful means rights‑of‑way for and construct, operate and maintain flood control works and storm drainage facilities within or without the district for the benefit of the district.

2. Acquire by eminent domain, purchase, donation, dedication, exchange or other lawful means and dispose of by sale, exchange or other lawful means real and personal property within the boundaries of the district.

3. Contract and join with this state, the United States or any other flood control district or floodplain board, municipality, political subdivision, governmental agency, irrigation or agricultural improvement district, association, corporation or individual in acquiring, constructing, maintaining and operating flood control works, and regulating floodplains.

4. Enter into contracts of indemnity to indemnify this state, the United States or any other flood control district, municipality, political subdivision, governmental agency, irrigation or agricultural improvement district, association, corporation or individual against liability by virtue of injuries, losses or damages occurring through the use of their facilities, structures, streets, rights‑of‑way or properties in connection with the operation of a flood control district and the regulation of floodplains.

5. Acquire and maintain existing flood control and drainage facilities within the district for the benefit of the district if mutually agreeable to the owners of such facilities.

6. Acquire, convert and maintain surplus irrigation facilities as storm drainage facilities if mutually agreeable to owners of such facilities.

7. Construct, maintain and operate flood control and storm drainage facilities and regulate floodplains in the district by agreement with this state, counties, other municipal corporations, political subdivisions and other persons and reimburse such agencies or persons for the cost of the work.

8. On the dissolution of any other flood control district, assume the assets and obligations of the other district.

9. Enter into intergovernmental agreements with other public agencies pursuant to title 11, chapter 7, article 3 to carry out the objects and purposes of the district.

10. Apply for, obtain, expend and repay flood control loans pursuant to title 45, chapter 8, article 5.

11. Apply to the director of water resources for alternative flood control assistance for flood control projects pursuant to section 45‑1471, except that the director shall not grant any such assistance for any project unless the director has approved the project in advance of planning.

12. Sue and be sued, enter into contracts and generally do all things that may be necessary to construct, acquire and maintain facilities, operate the district and perform its regulatory functions and that are in the interests of the district.

13. Adopt such procedural rules and bylaws for its orderly operation as it sees fit.

14. Appoint a chief engineer and general manager, who may be the county engineer.

15. Appoint a treasurer, who may be the county treasurer, an attorney, who may be the county attorney, and other employees it considers desirable and necessary to carry out the purposes of the district. Any other work required by the district may be performed by regular employees of the county on assignment by the board of supervisors, except that regular county employees shall not undertake construction projects with an estimated cost of five thousand dollars or more.

16. Allow variances from the terms or regulations adopted pursuant to this article to the extent permitted by section 48‑3609, subsection B, paragraph 7 and if, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship, if in granting the variance the general intent and purposes of this article and the regulations will be preserved.

17. Construct, operate and maintain artificial groundwater recharge facilities, and, if organized in a county having a population of more than five hundred thousand persons according to the most recent United States decennial census, underground storage and recovery facilities, if they have flood control benefits, and contract and join with the United States, this state and other governmental units for the purpose of constructing, operating and maintaining multipurpose groundwater recharge, underground storage and recovery and flood control facilities, except that a district shall not expend district funds for any underground storage and recovery facility that does not have flood control benefits.

18. Acquire real property by purchase, donation, dedication, exchange or other lawful means, except by eminent domain, in areas suitable for groundwater recharge projects.

19. Cooperate and join with other entities that engage in underground water storage and recovery projects under title 45, chapter 3, including multi‑county water conservation districts and other political subdivisions.

20. Either alone, or by entering into any combination of contracts with this state, the United States, any other flood control district, a floodplain board, a municipality or other political subdivision, a government agency, an irrigation or agricultural improvement district or an association, corporation or individual, implement flood control enhancement solutions including:

(a) Assistance for property owners within the floodplain and through the elevation, bank stabilization and flood proofing of existing structures.

(b) Preservation and restoration of the floodplain.

(d) Construction of bridges or other access over watercourses that are impassable to emergency vehicle traffic for fourteen or more days a year.

21. If a part of a parcel of land is to be taken for drainage, basins, impoundments or any other flood control related use and the board and the affected property owner determine that the remainder will be left in such a condition as to give rise to a claim or litigation concerning severance or other damage, acquire the whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means, and the remainder may be sold or exchanged for other properties needed for flood control use.

22. Adopt and enforce civil penalties for violations of its regulations or ordinances and for unauthorized damage and interference to those district facilities that are authorized pursuant to this chapter.

23. Pursuant to the authority prescribed in this chapter, appoint hearing officers to hear and determine actions.

24. For any district that intends to take enforcement action pursuant to section 48‑3615.01, adopt written rules of procedure for the hearing and review of decisions on actions prescribed by this chapter.

25. Establish a board of hearing review to review decisions of hearing officers that are issued pursuant to section 48‑3615.01. The board of hearing review shall consist of one member from each board of directors' district or the board of directors may authorize the citizens' flood control advisory board or the board of review to designate a like number of its members to serve as the board of hearing review.

26. Authorize the chief engineer of the district to apply for and obtain administrative search warrants for entry and inspection from a local court of general jurisdiction to determine if violations of section 48‑3609, 48‑3613, 48‑3614 or 48‑3615 have occurred. The warrants shall be served by a peace officer as defined in section 1‑215. A report of any inspections made pursuant to this section shall be prepared and made available in the records of the district and a copy mailed or otherwise delivered to the owner within fifteen days after the inspection of the owner's premises.

D. The board shall adopt and enforce floodplain regulations as provided in section 48‑3609.

E. The board may adopt a fee schedule for review of applications for permits and variances from or interpretations of the floodplain regulations.

F. The affirmative vote of a majority of the board of directors is necessary to approve any measure. One member may adjourn any meeting at which a quorum is not present.

G. The board shall keep a proper written record of all of its proceedings, which shall be open to public inspection.

H. The accounts of the district are subject to annual and other audits as provided by law.

I. Section 9‑403 does not apply to a flood control district organized under this article and section 9‑402 does not apply when the district is selling property to this state or a political subdivision. Before selling any property to this state or a political subdivision of this state, the flood control district shall obtain an appraisal of the fair market value of the property by a person who is certified pursuant to title 32, chapter 36. If any property sold by the district to this state or a political subdivision without complying with section 9‑402 is subsequently sold by this state or political subdivision as undeveloped property for a price exceeding the original sale price, the district shall be paid the difference between the original price and the subsequent sale price. For the purposes of this subsection, "political subdivision" means any incorporated city or town, county, school district, fire district, charter school, community college or university. END_STATUTE

Sec. 19. Title 48, chapter 21, article 1, Arizona Revised Statutes, is amended by adding sections 48-3609.02 and 48-3609.03, to read:

START_STATUTE48-3609.02. Adoption of rules or regulations; procedures; definition

A. At least sixty days before the adoption of rules or regulations by the board of directors, the district shall provide a notice and make available the entire text of any proposed rule or regulation at the office of the district and on the district website. The notice shall contain an explanation of the rule or regulation, including the district's reasons for initiating the rule or regulation, the statutory authority for the rule or regulation, a reference to any study known at that time to be used in consideration of the rule or regulation and where it may be obtained, the name and address of district personnel with whom persons may communicate regarding the rule or regulation and where any electronic or written statements concerning the rule or regulation should be addressed. The district shall also post notice of the date, time and place of a public hearing to be conducted by the citizens flood control advisory board or other entity designated by the board.

B. Not less than thirty days after the posting of the notice, the advisory board or other entity designated by the board shall conduct a public hearing and receive written, electronic and oral statements concerning the proposed rule or regulation.

C. At least fifteen days before the meeting at which the board of directors will adopt, amend or repeal a rule or regulation, a notice shall be given of the date, time and location of the meeting by publication on the county website. The notice also shall contain a response to the public comments.

D. The board of directors shall receive a record of all written, electronic and oral statements, including the responses to the public comments pursuant to subsection c of this section, before adopting the rule or regulation.

E. If as a result of public comments or internal review the board of directors determines that a proposed rule or regulation requires substantial change, the board shall issue a supplemental notice containing the changes in the proposed rule or regulation and provide for additional public comment pursuant to this section before adoption.

F. Notwithstanding this section, the board may adopt a rule or regulation when the board makes a finding that an emergency exists if the rule or regulation terminates after the board determines the emergency situation no longer exists. An emergency exists to do any of the following:

1. Protect the public health, safety or welfare.

2. Comply with deadlines in amendments to a county's governing law or federal programs.

3. Avoid violation of federal law or regulation or other state law if the situation is not the result of delay or inaction by the board.

4. Avoid an imminent budget reduction.

5. Avoid serious prejudice to the public interest or the interest of the parties concerned.

G. The board of directors, advisory board or other entity designated by the board shall consider each of the following methods and may reduce the impact of the rule or regulation on small businesses by using one or more of the following methods if it finds that the methods are legal and feasible in meeting the objectives that are the basis of the proposed rule or regulation:

1. Establish less stringent compliance or reporting requirements.

2. Establish less stringent schedules or deadlines.

3. Consolidate or simplify the compliance or reporting requirements.

4. Establish performance standards for small businesses to replace design or operational standards.

5. Exempt small businesses from any or all requirements.

H. A rule or regulation is invalid unless it is made and approved in substantial compliance with this section, unless otherwise provided by law.

I. The requirements of this section do not apply to:

1. Substantive policy statements.

2. Internal procedural documents that only affect the internal procedures of the district and do not impose additional requirements or penalties on regulated parties.

3. An interpretation requested by a regulated person provided it is subject to a public appeals process.

4. Any form whose contents or substantive requirements are prescribed by ordinance or statute, and instructions for the execution or use of the form.

J. For the purpose of this chapter, "rule" means a district statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of a district. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include a district's substantive policy statement or internal procedural documents that only affect the internal procedures of the district and do not impose additional requirements or penalties on regulated parties.END_STATUTE

START_STATUTE48-3609.03. Publication of rules or regulations

A. The clerk of the board shall publish on the district website all rules and regulations adopted by the district board of directors.

B. The clerk of the board shall maintain on the district website a register of activities related to the adoption of rule or regulations that shall include:

1. A schedule of the time, date and place of all hearings on proposed repeals, adoptions or amendments of rules or regulations.

2. Any notices related to proposed rules or regulations, including the full text of any proposed rule or regulation, an explanation of any proposed rule or regulation, and the statutory authority for the rule or regulation.

3. A summary of board action on each rule or regulation.

4. Supplemental notices and any new amended or added language to a proposed rule or regulation. END_STATUTE

Sec. 20. Section 48-3642, Arizona Revised Statutes, is amended to read:

START_STATUTE48-3642. Regulatory bill of rights

To ensure fair and open regulation by districts, a person:

1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a district in a court proceeding regarding a district decision as provided in section 12‑348.

2. Is entitled to receive information and notice regarding inspections as provided in section 48‑3643.

3. Is entitled to have a district not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 48‑3644.

4. May have a district approve or deny the person's license application within a predetermined period of time as provided in section 48‑3645.

5. Is entitled to receive written or electronic notice from a district on denial of a license application:

(a) That justifies the denial with references to the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement on which the denial is based as provided in section 48‑3645.

(b) That explains the applicant's right to appeal the denial as provided in section 48‑3645.

6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 48‑3646.

7. May inspect all ordinances, regulations and substantive policy statements of a district, including a directory of documents, at the office of the district or a district website as provided in section 48‑3647.

8. Unless specifically authorized, may expect districts to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 48‑3644.

9. May file a complaint with the board of review concerning an ordinance, rule, regulation or substantive policy statement that fails to comply with this section.

10. May review the full text or summary of all activity related to the adoption of rules or regulations pursuant to section 48‑3609.03 and the summary of substantive policy statements.

11. May participate in the rule making process as provided in article 4 of this chapter, including providing written or oral comments on proposed rules to a district as provided in section 48-3674 and having the district adequately address those comments as provided in section 48-3675.

12. May allege that an existing district practice or substantive policy statement constitutes a rule and have that district practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule or regulation as provided in section 48‑3648. END_STATUTE

Sec. 21. Section 48-3648, Arizona Revised Statutes, is amended to read:

START_STATUTE48-3648. Complaints; board of review

A. The board of review shall receive complaints concerning ordinances, rule, regulations, substantive policy statements or district practices alleged to violate this article chapter. The board of review may review any ordinance, rule, regulation, substantive policy statement or district practice alleged to violate this article chapter. and may hold hearings regarding the allegations. The board of review may recommend actions to alleviate the aspects of the ordinances, regulations, substantive policy statements or district practices alleged to violate this article.

B. The board of directors may require the complaint to be made in writing and include the following information:

1. The name and address of the person making the complaint.

2. The ordinance, rule, substantive policy statement alleged to violate this chapter.

3. Any facts relevant to and the legal basis for the complaint.

c. If the complaint concerns the validity of an enforceable rule, regulation, substantive policy statement or district practice, the complaint shall be submitted to the board of review. Within forty-five days after submission, the board of review shall in writing approve, deny or modify the petition or make recommendations for action to the board of directors.

D. The affected person, by filing with the clerk of the board, may appeal to the board of directors within thirty days after the board of review gives a written decision pursuant to subsection C of this section. The board of directors shall place the complaint concerning a rule, regulation, substantive policy statement or district practice on its agenda within thirty days of its filing with the clerk.

E. The board shall deny, approve or modify the petition or provide other relief.

F. If the complainant is unsatisfied with an action taken by the board on the complaint, the complainant may file an action for declaratory judgment pursuant to section 48-3652. END_STATUTE

Sec. 22. Section 48-3649, Arizona Revised Statutes, is amended to read:

START_STATUTE48-3649. Clarification of interpretation

A. A regulated person may request a district to clarify its interpretation or application of a statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement affecting the regulated person's procurement of a license by providing the district with a written request that states:

1. The name and address of the regulated person requesting the clarification.

2. The statute, ordinance, rule, regulation, executive order, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, rule, regulation, executive order, delegation agreement or authorized substantive policy statement that requires clarification.

3. Any facts relevant to the requested ruling clarification.

4. The regulated person's proposed interpretation of the applicable statute, ordinance, rule, regulation, executive order, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, rule, regulation, executive order, delegation agreement or authorized substantive policy statement.

5. Whether, to the best knowledge of the regulated person, the issues or related issues are being considered by the district in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A, the district may meet with the regulated person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The district shall provide the requestor with an opportunity to meet and discuss the district's written explanation.

C. A district may modify a written explanation provided under subsection B on written notice to the regulated person if required by a change in the law that was applicable at the time the clarification or of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision. END_STATUTE

Sec. 23. Title 48, chapter 21, article 2, Arizona Revised Statutes, is amended by adding sections 48-3651 and 48-3652, to read:

START_STATUTE48-3651. Substantive policy statements; directory

A. A district shall file substantive policy statements pursuant to section 48‑3647.

B. A district shall ensure that the first page of each substantive policy statement includes the following notice:

This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the district and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the district administrative procedure act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the district under section 48-3682, Arizona Revised Statutes, for a review of the statement.

C. The district shall publish at least annually a directory summarizing the subject matter of all currently applicable rules and substantive policy statements. The district shall keep copies of this directory and all of its substantive policy statements at one location. The directory, rules and substantive policy statements and any materials incorporated by reference in the rules or substantive policy statements shall be open to public inspection at the office of the district director or district website. END_STATUTE

START_STATUTE48-3652. Declaratory judgment

A. Any person who is affected by a district rule or regulation or alleges that a district policy or practice constitutes a rule or regulation may obtain a judicial declaration of whether the rule or regulation is void because it fails to substantially comply with the procedures adopted by the board pursuant section 48-3609.02 or the provisions of this chapter by filing an action for declaratory relief pursuant to title 12, chapter 10, article 2.

B. Before filing an action pursuant to this section the person must comply with the requirements of section 48-3648. END_STATUTE

Sec. 24. Effective date

This act is effective from and after December 31, 2012.