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and rules of the affected county continue in effect, apply to and shall be enforced by the new county until revoked or superseded by ordinances, or codes or rules adopted by the new county.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 11-269.10, 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. 5. 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. 6. 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. 7. 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 rules ordinances 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. 8. 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. 9. 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. 10. 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. 11. Section 11-872, Arizona Revised Statutes, is amended to read:

START_STATUTE11-872. Control techniques; ordinances; schedule for adoption

A. If the administrator of the United States environmental protection agency makes a finding relating to area A, as defined in section 49‑541, pursuant to the clean air act amendments of 1990 (P.L. 101-549), section 172, the county shall adopt by rule an ordinance regarding the necessary emission limitations or other standards reflecting control techniques guidelines issued by the United States environmental protection agency pursuant to the clean air act amendments of 1990, section 183 in order to achieve emissions reductions sufficient to respond to the finding.

B. The county shall begin to develop rules ordinances that incorporate the provisions of the control techniques guidelines being developed by the United States environmental protection agency. The rule making process for adopting ordinances shall parallel as closely as possible the United States environmental protection agency process and incorporate adequate public notice and comment. The county shall make every practical effort to assure ensure the rules ordinances are consistent with the concepts and provisions embodied in the United States environmental protection agency process. Within sixty days after the formal adoption of the United States environmental protection agency control techniques guidelines for an industry sector, the county shall adopt rules ordinances, emission limitations or other standards reflecting such guidelines. If the guidelines are required pursuant to subsection A of this section prior to formal adoption by the administrator of the guidelines, the county rules ordinances shall become effective within sixty days after the United States environmental protection agency finding. The county shall determine which industry sector shall be subject to the requirements of this section.

C. If the director of the department of environmental quality determines that emissions inventory data, monitoring information and modeling or projections indicate it is likely that reasonable further progress or attainment will not be achieved in order to comply with the clean air act amendments of 1990 or achieve or maintain national ambient air quality standards or other air quality standards applicable to ozone precursors, the county shall adopt rules ordinances necessary to achieve emissions reductions to achieve reasonable further progress or attainment. The rules ordinances shall be based on technically feasible controls to reduce the emissions of volatile organic compounds from industry sectors that the United States environmental protection agency is considering for control technique guidelines.

D. All emissions reductions required pursuant to this section shall be achieved for purposes of the one-hour ozone standard no later than June 1, 1996 and for purposes of the eight-hour averaged ozone standard no later than December 31, 2008. END_STATUTE

Sec. 12. Section 11-873, Arizona Revised Statutes, is amended to read:

START_STATUTE11-873. Ordinances; industry sectors; enhanced enforcement

A county with a population of more than one million two hundred thousand persons as determined by the most recent United States decennial census that contains a nonattainment area as defined in section 49‑401.01 shall develop, implement and enforce rules ordinances regulating the emissions from the graphic arts industry sector, the architectural and industrial coatings industry sector, the highway markings industry sector, bulk plants and terminal and tank truck unloading operations. The enforcement shall be enhanced through programs that may include increased frequency or targeting of inspections, increased sampling frequency, use of portable analyzers or any other technique. END_STATUTE

Sec. 13. Section 11-874, Arizona Revised Statutes, is amended to read:

START_STATUTE11-874. Control of area sources; ordinances; industry sectors

1. Wood coatings industry sector, through the use of technically feasible controls to reduce the emissions of volatile organic compounds. The rules ordinances shall require the reduction of a minimum of twenty-five per cent from the 1990 baseline emissions by November 15, 1995.

2. Commercial bakery industry sector, through the use of technically feasible controls to reduce the emissions of volatile organic compounds. The rules ordinances shall require the reduction of a minimum of thirty per cent from the 1990 baseline emissions by November 15, 1995.

3. Consumer and commercial products industry sector, through changes in the formulation of any product used in the cleaning of automobile windshields that contains a concentration of not more than thirty per cent by weight of volatile organic compounds as an ingredient, a solvent or any other component by November 15, 1995. The rules ordinances shall require those reductions to be achieved before the development of control techniques guidance standards developed by the United States environmental protection agency for that industry sector. If the administrator of the United States environmental protection agency finds that area A, as defined in section 49‑541, has failed to demonstrate reasonable further progress or has failed to attain the national ambient air quality standards for ozone by the applicable attainment date, the county shall adopt the control techniques guidelines issued by the environmental protection agency for the industry sector.

4. Solvent cleaning operations, including the use of nonaqueous solvents. The regulations ordinances may include the use of low vapor pressure organic solvents, reformulated lower volatile organic compound content solvents or low volatile organic compound aqueous material substitutes. The rules ordinances adopted pursuant to this paragraph are exempt from the provisions of sections 49‑112 and 49‑479. END_STATUTE

Sec. 14. 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 article 3 of this chapter, including providing written or oral comments on proposed ordinances to a county as provided in section 11-1634 and having the county adequately address those comments as provided in section 11-1635.

12. May allege 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 11-1642. END_STATUTE

Sec. 15. 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 concerning ordinances, regulations, substantive policy statements or county practices alleged to violate this article chapter. The board of supervisors may review any ordinance, regulation, substantive policy statement or county practice alleged to violate this article chapter 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 chapter.

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 person making the complaint.

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

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

Sec. 16. Section 11-1609, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1609. Clarification of interpretation

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

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

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

3. Any facts relevant to the requested ruling.

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

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

B. On receipt of a request that complies with subsection A, the county 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 county shall provide the requestor with an opportunity to meet and discuss the county's written explanation.

C. The county 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 ordinances formally adopted by the governing body board of supervisors or a court decision. END_STATUTE

Sec. 17. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1611, 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 in accordance with the county administrative procedure act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the county under section 11-1642, 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

Sec. 18. Title 11, chapter 11, Arizona Revised Statutes, is amended by adding articles 2 and 3, to read:

ARTICLE 2. PUBLICATION OF COUNTY ORDINANCES

START_STATUTE11-1621. Publication and distribution of code and register

The county is responsible for the publication and distribution of the code and the register. END_STATUTE

START_STATUTE11-1622. Code; publication of ordinances; distribution

A. The code shall contain the full text of each final ordinance filed with the county and each ordinance adopted pursuant to a statutory exemption from the applicability of this chapter.

B. The county shall publish, in loose-leaf form or on the county's website, at least once every quarter all final ordinances and ordinances adopted pursuant to a statutory exemption from the applicability of this chapter. Publication of an ordinance by the county as provided in this section constitutes prima facie evidence of the adoption and filing of the ordinance pursuant to this chapter or the adoption of the ordinance pursuant to a statutory exemption from the applicability of this chapter.

C. The county may contract for the printing of the code on terms most advantageous to the county.

D. The code shall be available by subscription and for single copy purchase. The charge for each code or periodic subscription shall be a reasonable charge, not to exceed all costs of production and distribution of the code. END_STATUTE

START_STATUTE11-1623. Register

A. The county shall publish the register or update the register that is available on the county's website at least once each month, including the information that is provided under subsection B of this section and that is filed with the county during the preceding thirty days. The county shall publish an index to the register at least twice each year and make the index available on the county's website.

B. The register shall contain:

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

2. The notice and summary of each docket opening.

3. The full text and accompanying preamble of each proposed ordinance.

4. The full text and accompanying preamble of each final ordinance.

5. The full text and accompanying preamble of each emergency ordinance.

6. Supplemental notices of a proposed ordinance or expedited ordinance.

7. A summary of board action on each ordinance.

8. The identification and a summary of substantive policy statements and notice and a summary of any guidance document publication or revision submitted by county.

9. Notices of oral proceedings, public workshops or other meetings on an ordinance adoption.

C. For the purposes of this section, full text publication in the register includes all new, amended or added language and such existing language as the proposing county deems necessary for a proper understanding of the proposed ordinance. Ordinances that are undergoing extensive revision may be reprinted in whole. END_STATUTE

ARTICLE 3. ORDINANCE ADOPTION

START_STATUTE11-1631. Definitions

In this article, unless the context otherwise requires:

1. "Emergency ordinance" means an ordinance that is made pursuant to section 11‑1637.

2. "Fee" means a charge prescribed by a county for an inspection or for obtaining a license.

3. "Final ordinance" means any ordinance filed with the county clerk and adopted pursuant to an exemption from this chapter pursuant to section 11-1610 or adopted pursuant to section 11-1637 approved by the board of supervisors. For purposes of judicial review, a final ordinance includes proposed expedited ordinances having interim effect pursuant to section 11‑1638.

4. "General permit" means a regulatory permit, license or county authorization that is for facilities, activities or practices in a class that are substantially similar in nature and that is issued or granted by a county to a qualified applicant to conduct identified operations or activities if the applicant meets the applicable requirements of the general permit, that requires less information than an individual or traditional permit, license or authorization and that does not require a public hearing.

5. "License" includes the whole or part of any county permit, certificate, approval, registration, charter or similar form of permission required by law, but does not include a license required solely for revenue purposes.

6. "Licensing" includes the county process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.

7. "Ordinance" means a county statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of a county. Ordinance includes prescribing fees or the amendment or repeal of a prior ordinance but does not include internal procedural documents that only affect the internal procedures of the county and do not impose additional requirements or penalties on regulated parties or confidential information, ordinances adopted by the county or a county's substantive policy statement.

8. "Ordinance adoption" means the process for formulation and finalization of an ordinance.

9. "Party" means each person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

10. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision or a public or private organization of any character.

11. "Preamble" means:

(a) For any ordinance adoption subject to this chapter, a statement accompanying the ordinance that includes:

(i) Reference to the specific statutory authority for the ordinance.

(ii) The name and address of county personnel with whom persons may communicate regarding the ordinance.

(iii) An explanation of the ordinance, including the county's reasons for initiating the ordinance adoption.

(iv) A reference to any study relevant to the ordinance that the county reviewed and either proposes to rely on in its evaluation of or justification for the ordinance or proposes not to rely on in its evaluation of or justification for the ordinance, where the public may obtain or review each study, all data underlying each study and any analysis of each study and other supporting material.

(v) A showing of good cause why the ordinance is necessary to promote a county interest.

(vi) Such other matters as are prescribed by statute and that are applicable to the specific county or to any specific ordinance or class of ordinances.

(b) In addition to the information set forth in subdivision (a) of this paragraph, for a proposed ordinance, the preamble also shall include a list of all previous notices appearing in the register addressing the proposed ordinance, a statement of the time, place and nature of the proceedings for the adoption, amendment or repeal of the ordinance and where, when and how persons may request an oral proceeding on the proposed ordinance if the notice does not provide for one.

(c) In addition to the information set forth in subdivision (a) of this paragraph, for a proposed expedited ordinance, the preamble also shall include a statement of the time, place and nature of the proceedings for the adoption, amendment or repeal of the ordinance and an explanation of why expedited proceedings are justified.

(d) For a final ordinance, except an emergency ordinance, the preamble also shall include, in addition to the information set forth in subdivision (a) of this paragraph, the following information:

(i) A list of all previous notices appearing in the register addressing the final ordinance.

(ii) A description of the changes between the proposed ordinances, including supplemental notices and final ordinances.

(iii) A summary of the comments made regarding the ordinance and the county response to the comments.

(iv) A summary of the board of supervisor's action on the ordinance.

(v) A statement of the ordinance's effective date.

(e) In addition to the information set forth in subdivision (a) of this paragraph, for an emergency ordinance, the preamble also shall include an explanation of the situation justifying the ordinance being made as an emergency ordinance, the date of the county attorney's approval of the ordinance and a statement of the emergency ordinance's effective date.

12. "Provision of law" means the whole or a part of the United States or Arizona Constitution, or of any federal or state statute, rule of court or ordinance of a county.

13. "Substantive policy statement" means a written expression that is only advisory and informs the general public of a county's current approach to, or opinion of, the requirements of the ordinances or codes, including, where appropriate, the county's current practice, procedure or method of action based on that approach or opinion. a substantive policy statement does not include internal procedural documents that only affect the internal procedures of the county and do not impose additional requirements or penalties on regulated parties or confidential information, interpretations requested by a regulated person pursuant to section 11-1609, ordinances pursuant to this article and ordinances adopted by the county. END_STATUTE

START_STATUTE11-1632. Public ordinance adoption docket; notice

A. Each county shall establish and maintain a current, public ordinance adoption docket for each pending ordinance adoption proceeding. An ordinance adoption proceeding is pending from the time the county begins to consider proposing the ordinance under section 11-1633 until any one of the following occurs:

1. The time the ordinance adoption proceeding is terminated by the county indicating in the ordinance adoption docket that the county is no longer actively considering proposing the ordinance.

2. One year after the notice of ordinance adoption docket opening is published in the register if the county has not filed a notice of the proposed ordinance adoption with the county clerk pursuant to section 11‑1633.

3. The ordinance becomes effective.

4. One year after the notice of the proposed ordinance adoption is published in the register if the county has not submitted the ordinance to the board of supervisors for review and approval.

5. Publication of a notice of termination.

B. For each ordinance adoption proceeding, the docket shall indicate all of the following:

1. The subject matter of the proposed ordinance.

2. A citation to all published notices relating to the proceeding.

3. The name, address and electronic mail address of county personnel with whom persons may communicate regarding the ordinance.

4. Where written submissions on the proposed ordinance may be inspected.

5. The time during which written and electronic submissions may be made and the time and place where oral comments may be made.

6. The current status of the proposed ordinance.

7. The date the ordinance was sent to the board of supervisors.

8. The date of the ordinance's filing and publication.

9. The date the ordinance was approved by the board of supervisors.

10. When the ordinance will become effective.

C. The county shall provide public notice of the establishment of a ordinance adoption docket by causing a notice of docket opening to be published in the register, including the information set forth in subsection B, paragraphs 1, 2, 3 and 5 of this section. END_STATUTE

START_STATUTE11-1633. Notice of proposed ordinance adoption, amendment or repeal; contents of notice

A. Before ordinance adoption, amendment or repeal, the county shall file a notice of the proposed action with the county. The notice shall include:

1. The preamble.

2. The exact wording of the ordinance.

B. The county shall include in the next edition of the register the information in the notice under subsection A of this section.

C. Before commencing any proceedings for ordinance adoption, amendment or repeal, a county shall allow at least thirty days to elapse after the publication date of the register in which the notice of the proposed ordinance adoption, amendment or repeal is contained.

D. If, as a result of public comments or internal review, a county determines that a proposed ordinance requires substantial change pursuant to section 11-1636, the county shall issue a supplemental notice containing the changes in the proposed ordinance. The county shall provide for additional public comment pursuant to section 11-1634. END_STATUTE

START_STATUTE11-1634. Public participation; written statements; oral proceedings

A. For at least thirty days after publication of the notice of the proposed ordinance adoption, a county shall afford persons the opportunity to submit in writing or electronically statements, arguments, data and views on the proposed ordinance, with or without the opportunity to present them orally.

B. A county shall schedule an oral proceeding on a proposed ordinance if, within thirty days after the published notice of proposed ordinance adoption, a written or electronically request for an oral proceeding is submitted to the county personnel listed pursuant to section 11-1632, subsection B.

C. An oral proceeding on a proposed ordinance may not be held earlier than thirty days after notice of its location and time is published in the register. The county shall determine a location and time for the oral proceeding that affords a reasonable opportunity to persons to participate. The oral proceeding shall be conducted in a manner that allows for adequate discussion of the substance and the form of the proposed ordinance, and persons may ask questions regarding the proposed ordinance and present oral argument, data and views on the proposed ordinance.

D. Each county may adopt ordinances for the conduct of oral ordinance adoption proceedings. Those ordinances may include provisions calculated to prevent undue repetition in the oral proceedings. END_STATUTE

START_STATUTE11-1635. Time and manner of ordinance adoption

A. A county may not submit an ordinance to the board of supervisors until the ordinance adoption record is closed.

B. Within one hundred twenty days after the close of the record on the proposed ordinance adoption, a county shall take one of the following actions:

1. Submit the ordinance to the board of supervisors.

2. Terminate the proceeding by publication of a notice to that effect in the register.

C. Before submitting an ordinance to the board of supervisors, a county shall consider and adequately address the written or electronic submissions, the oral submissions or any memorandum summarizing oral submissions.

D. Unless exempted by section 11-1610 or unless the ordinance is an emergency ordinance made pursuant to section 11-1637, if the county chooses to make the ordinance, the county shall submit an ordinance package to the board of supervisors. The ordinance package shall include:

1. The preamble.

2. The exact words of the ordinance, including existing language and any deletions.

E. If the ordinance is exempt pursuant to section 11-1610, the county shall file it as a final ordinance with the county clerk.

F. A county shall not file a final ordinance with the county clerk without prior approval from the board of supervisors, unless the final ordinance is exempted pursuant to section 11-1610 or the ordinance is an emergency ordinance made pursuant to section 11-1637. END_STATUTE

START_STATUTE11-1636. Variance between ordinance and published notice of proposed ordinance

A. A county may not submit an ordinance to the board of supervisors that is substantially different from the proposed ordinance contained in the notice of proposed ordinance adoption or a supplemental notice filed with the county pursuant to section 11-1633. A county may terminate an ordinance adoption proceeding and commence a new ordinance adoption proceeding for the purpose of making a substantially different ordinance.

B. In determining whether an ordinance is substantially different from the published proposed ordinance on which it is required to be based, all of the following must be considered:

1. The extent to which all persons affected by the ordinance should have understood that the published proposed ordinance would affect their interests.

2. The extent to which the subject matter of the ordinance or the issues determined by that ordinance are different from the subject matter or issues involved in the published proposed ordinance.

3. The extent to which the effects of the ordinance differ from the effects of the published proposed ordinance if it had been made instead. END_STATUTE

START_STATUTE11-1637. Emergency ordinance adoption, amendment or repeal

A. If a county makes a finding that an ordinance is necessary as an emergency measure, the ordinance may be made, amended or repealed as an emergency measure, without the notice prescribed by sections 11-1632 and 11‑1633 and prior review by the board of supervisors, if the ordinance is first approved by the county attorney and filed with the county. The county attorney may not approve the adoption, amendment or repeal of an ordinance as an emergency measure if the emergency situation is created due to the county's delay or inaction and the emergency situation could have been averted by timely compliance with the notice and public participation requirements of this chapter, unless the county submits substantial evidence that the ordinance is necessary as an emergency measure 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.

4. Avoid an imminent budget reduction.

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

B. After the ordinance is filed with the county, the county shall publish the ordinance in the register as provided in section 11-1623, and the county, as soon as practicable, shall notify persons that have requested notices of ordinances related to that subject matter.

C. An ordinance adopted, amended or repealed pursuant to this section is valid for one hundred eighty days after the filing of the ordinance with the county and may be renewed for one more one hundred eighty day period if all of the following occur:

1. The county determines that the emergency situation still exists.

2. The county follows the procedures prescribed in this section.

3. The ordinance is approved by the county attorney pursuant to this section.

4. The county has issued the ordinance as a proposed ordinance or has issued an alternative proposed ordinance pursuant to section 11-1633.

5. The county seeks approval of the renewal from the county attorney before the expiration of the preceding one hundred eighty day period.

6. The county files notice of the renewal and any required county attorney approval with the county and notice is published in the register.

D. An ordinance that is adopted pursuant to this chapter and that replaces an ordinance adopted, amended or repealed pursuant to this section shall expressly repeal the ordinance replaced if it has not expired.

E. This section does not prohibit the adoption of a new emergency ordinance if, at the end of the effective period of the original emergency ordinance, the county finds that the imminent peril to the public health, safety or welfare or the loss of federal or state funding for a county program still exists. END_STATUTE

START_STATUTE11‑1638. Expedited ordinance adoption

A. A county may conduct expedited ordinance adoption pursuant to this section if the ordinance adoption does not increase the cost of regulatory compliance or reduce procedural rights of persons regulated and does one or more of the following:

1. Amends or repeals ordinances made obsolete by repeal or supersession of the county's statutory authority.

2. Amends or repeals ordinances for which the statute on which the ordinance is authorized has been declared unconstitutional by a court with jurisdiction, there is a final judgment and no statute has been enacted to replace the unconstitutional statute.

3. Adopts, amends or repeals ordinances that repeat verbatim existing statutory authority granted to the county.

4. Adopts, amends or repeals ordinances relating only to internal governmental operations that are not subject to violation by a person.

5. Corrects typographical errors, makes address or name changes or clarifies language of an ordinance without changing its effect.

6. Adopts or incorporates by reference without material change federal statutes or regulations, statutes of this state or rules of other agencies of this state pursuant to section 11‑1639.

7. Reduces or consolidates steps, procedures or processes in the ordinances.

B. If the proposed expedited ordinance adoption is solely for a purpose prescribed in subsection A, paragraph 1, 3 or 5 of this section, the county shall notify the board of supervisors of the proposed expedited ordinance adoption. The notice shall contain the name, address and telephone number of the county contact person and the exact wording of the proposed expedited ordinance adoption and indicate how the proposed expedited ordinance adoption achieves the purpose prescribed in subsection A, paragraph 1, 3 or 5 of this section.

C. If the proposed expedited ordinance adoption is for a purpose prescribed in subsection A, paragraph 2, 4, 6 or 7 of this section, the county shall file a request for proposed expedited ordinance adoption with the board of supervisors of the request. The request shall contain the name, address and telephone number of the county contact person and the exact wording of the proposed expedited ordinance adoption and an explanation of how the proposed expedited ordinance adoption meets the criteria in subsection A of this section.

D. The board of supervisors may approve the request for expedited ordinance adoption if the request complies with subsection A of this section.

E. On delivery of the notice required in subsection B of this section or on approval by the board of supervisors of a request for proposed expedited ordinance adoption the county shall file a notice of the proposed expedited ordinance adoption with the county for publication in the next register containing the provisions of the proposed ordinance adoption filed with the county pursuant to subsection B or C of this section and allow any person to provide written comment to the county for at least thirty days after publication in the register, including objections to the ordinance adoption because it does not meet the criteria pursuant to subsection A of this section. The county shall adequately respond in writing to the comments on the proposed expedited ordinance adoption.

F. A county may not submit an expedited ordinance to the board of supervisors that is substantially different from the proposed ordinance contained in the notice of proposed expedited ordinance adoption. However, a county may terminate an expedited ordinance adoption proceeding pursuant to subsection K of this section and commence a new ordinance adoption proceeding for the purpose of making a substantially different ordinance. A county shall use the criteria prescribed in section 11‑1636, subsection B for determining whether an expedited ordinance is substantially different from the published proposed expedited ordinance.

G. After adequately addressing, in writing, any written objections, a county shall file a request for approval with the board of supervisors. The request shall contain the notice filed with the county pursuant to this section and the county's responses to any written comments. The board of supervisors may require a representative of the county whose proposed expedited ordinance adoption is under examination to attend a board meeting and answer questions. The board of supervisors may communicate to the county its comments on the proposed expedited ordinance adoption within the scope of subsection A of this section and require the county to respond to its comments or testimony in writing. A person may submit written comments to the board of supervisors that are within the scope of subsection A of this section.

H. Before the county files a notice of final expedited ordinance adoption with the county, the board shall approve any proposed expedited ordinance adoption. The board shall not approve the ordinance unless:

1. The ordinance satisfies the criteria for expedited ordinance adoption pursuant to subsection A of this section.

2. The ordinance is clear, concise and understandable.

3. The ordinance is not illegal, inconsistent with legislative intent or beyond the county's statutory authority.

4. The county, in writing, adequately addressed the comments on the proposed ordinance and any supplementary proposal.

5. If applicable, the permitting requirements comply with section 11‑1645.

6. The ordinance is not a substantial change, considered as a whole, from the proposed ordinance and any supplementary proposal.

7. The ordinance imposes the least burden and costs to persons regulated by the ordinance.

I. On receipt of board's approval, the county shall file a notice of final expedited ordinance adoption with the county that contains the information required in subsection B of this section and that the county did receive approval from the board of supervisors pursuant to this section.

J. The expedited ordinance adoption becomes effective thirty days following publication of the notice of proposed expedited ordinance adoption.

K. A county may terminate an expedited ordinance adoption proceeding on approval of the board of supervisors. END_STATUTE

START_STATUTE11-1639. Incorporation by reference

A. A county may incorporate by reference in its ordinances, and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation of an agency of the united states or of this state or a nationally recognized organization or association, if incorporation of its text in county ordinances would be unduly cumbersome, expensive or otherwise inexpedient.

B. The reference in the county ordinances shall fully identify the incorporated matter by location, date and otherwise and shall state that the ordinance does not include any later amendments or editions of the incorporated matter.

C. A county may incorporate by reference such matter in its ordinances only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public for inspection and reproduction.

D. The ordinances shall state where copies of the incorporated matter are available from the county issuing the ordinance and from the agency of the United States or this state or the organization or association originally issuing the matter.

E. A county may incorporate later amendments or editions of the incorporated matter only after compliance with the ordinance adoption requirements of this chapter. END_STATUTE

START_STATUTE11-1640. Invalidity of ordinances not made according to this chapter

An ordinance is invalid unless it is adopted and approved in substantial compliance with sections 11-1632 through 11-1639, unless otherwise provided by law. END_STATUTE

START_STATUTE11-1641. Filing ordinances and preamble with county; permanent record

A. Following the filing of an ordinance adopted pursuant to an exemption to this chapter or following approval and filing of an ordinance and preamble by the board of supervisors, the county shall affix to each ordinance document and preamble the time and date of filing. An ordinance is not final until the county affixes the time and date of filing to the ordinance document as provided in this section.

B. The county shall keep a permanent record of ordinances and preambles filed with the office. END_STATUTE

START_STATUTE11-1642. Petition for an ordinance or review of a practice or policy

A. Any person, in a manner and form prescribed by the county, may petition a county requesting the making of a final ordinance, a review of the validity of an ordinance or a review of an existing county practice or substantive policy statement that the petitioner alleges to constitute an ordinance. The petition shall clearly state the ordinance, county practice or substantive policy statement that the person wishes the county to adopt or review. Within forty-five days after submission of a petition, the county shall either deny the petition in writing, stating its reasons for denial, initiate ordinance adoption proceedings in accordance with this chapter or, if otherwise lawful, adopt an ordinance.

B. A person may appeal to the board of supervisors the county's final decision within thirty days after the county gives written notice pursuant to subsection A of this section. The appeal shall be limited to whether the ordinance is valid or whether an existing county practice or substantive policy statement constitutes an ordinance. The board of supervisors shall place this appeal on the agenda of its next meeting if at least three board of supervisors members make such a request of the board of supervisors within two weeks after the filing of the appeal.

C. A county practice or substantive policy statement appealed to and considered by the board of supervisors pursuant to this section remains in effect while under consideration of the board of supervisors. If the board of supervisors ultimately decides the ordinance is invalid or the county practice or statement constitutes an ordinance, the ordinance, practice or statement shall be considered void.

D. A decision by the county pursuant to this section is not subject to judicial review, except that, in addition to the procedure prescribed in this section or in lieu of the procedure prescribed in this section, a person may seek declaratory relief pursuant to section 11-1643.

E. An association has standing to petition a county and appeal to the board of supervisors pursuant to this section on behalf of any member. END_STATUTE

START_STATUTE11‑1643. Declaratory judgment

A. After the ordinance has been considered by the board of supervisors pursuant to section 11‑1642, any person who is or may be affected by an ordinance may obtain a judicial declaration of the validity of the ordinance by filing an action for declaratory relief in the superior court in Maricopa county pursuant to title 12, chapter 10, article 2.

B. After the existing county practice or substantive policy statement has been considered by the board of supervisors pursuant to section 11‑1642, any person who is or may be affected by an existing county practice or substantive policy statement that the person alleges to constitute an ordinance may obtain a judicial declaration on whether the practice or substantive policy statement constitutes an ordinance by filing an action for declaratory relief in the superior court in Maricopa county pursuant to title 12, chapter 10, article 2.

C. An association has standing to file an action for declaratory relief pursuant to this section on behalf of any member. END_STATUTE

START_STATUTE11-1644. Preamble; justifications for ordinance adoption

Only the reasons contained in the preamble may be used by any party as justifications for the adoption of the ordinance in any proceeding in which its validity is at issue. END_STATUTE

START_STATUTE11-1645. General permits; issuance of traditional permit

A. If a county proposes a new ordinance or an amendment to an existing ordinance that requires the issuance of a regulatory permit, license or county authorization, the county shall use a general permit if the facilities, activities or practices in the class are substantially similar in nature unless any of the following applies:

1. A general permit is prohibited by federal law.

2. The issuance of an alternative type of permit, license or authorization is specifically authorized by state statute.

3. The issuance of a general permit is not technically feasible or would not meet the applicable statutory requirements.

4. The issuance of a general permit would result in additional regulatory requirements or costs being placed on the permit applicant.

B. The county retains the authority to revoke an applicant's ability to operate under a general permit and to require the applicant to obtain a traditional permit if the applicant is in substantial noncompliance with the applicable requirements for the general permit. END_STATUTE

START_STATUTE11‑1646. Standard procedural ordinances

A. The board of supervisors shall adopt standard procedural ordinances for use by its departments. The standard ordinances must provide for the procedural functions and duties of as many departments as is practicable.

B. Except as otherwise provided in subsection C of this section, a department shall use the standard procedural ordinances adopted under subsection A of this section.

C. A department may adopt an ordinance of a procedure that differs from the standard procedural ordinances adopted under subsection A of this section if it is clearly impractical. END_STATUTE

START_STATUTE11‑1647. Exemptions

This article does not apply to any:

1. Ordinance that relates to the use of public works, including streets and highways, under the jurisdiction of a county if the effect of the order is indicated to the public by means of signs or signals.

2. Ordinance regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing.

3. Ordinance concerning only the internal management of a county that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

4. Ordinance that only establishes specific prices to be charged for particular goods or services sold by a county.

5. Ordinance concerning only the physical servicing, maintenance or care of county owned or operated facilities or property.

6. Ordinance that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the county or a patient admitted to an institution or treatment center pursuant to court order. END_STATUTE

Sec. 19. 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 rule making activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 3 of this chapter.

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 as provided in section 48-3682. END_STATUTE

Sec. 20. 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, rules, regulations, substantive policy statements or district practices alleged to violate this article chapter.

B. The board 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. END_STATUTE

Sec. 21. 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. 22. Title 48, chapter 21, article 2, Arizona Revised Statutes, is amended by adding section 48-3651, to read:

START_STATUTE48-3651. Substantive policy statements; directory

A. A district shall file substantive policy statements pursuant to section 48-3663.

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

Sec. 23. Title 48, chapter 21, Arizona Revised Statutes, is amended by adding articles 3 and 4, to read:

ARTICLE 3. PUBLICATION OF DISTRICT RULES

START_STATUTE48-3661. Publication and distribution of code and register

The district clerk is responsible for the publication and distribution of the code and the register. END_STATUTE

START_STATUTE48-3662. Code; publication of rules; distribution

A. The code shall contain the full text of each final rule filed with the district clerk and each rule made pursuant to a statutory exemption from the applicability of this chapter.

B. The district clerk shall publish, in loose-leaf form or on the district's website, at least once every quarter all final rules and rules made pursuant to a statutory exemption from the applicability of this chapter. Publication of a rule by the district clerk as provided in this section constitutes prima facie evidence of the making and filing of the rule pursuant to this chapter or the making of the rule pursuant to a statutory exemption from the applicability of this chapter.

C. The district clerk may contract for the printing of the code on terms most advantageous to the district.

START_STATUTE48-3663. Register

A. The district clerk shall publish the register or update the register that is available on the district's website at least once each month, including the information that is provided under subsection B of this section and that is filed with the district clerk during the preceding thirty days. The district clerk shall publish an index to the register at least twice each year and make the index available on the district's website.

B. The register shall contain:

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

2. The notice and summary of each docket opening.

3. The full text and accompanying preamble of each proposed rule.

4. The full text and accompanying preamble of each final rule.

5. The full text and accompanying preamble of each emergency rule.

6. Supplemental notices of a proposed rule or summary rule.

7. A summary of board action on each rule.

8. The identification and a summary of substantive policy statements and notice and a summary of any guidance document publication or revision submitted by district.

9. Notices of oral proceedings, public workshops or other meetings on an open rule making docket.

C. For the purposes of this section, full text publication in the register includes all new, amended or added language and such existing language as the proposing district deems necessary for a proper understanding of the proposed rule. Rules that are undergoing extensive revision may be reprinted in whole. END_STATUTE

ARTICLE 4. RULE MAKING

START_STATUTE48-3671. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the board of directors of a flood control district organized under article 1 of this chapter.

2. "District" means a district organized pursuant to article 1 of this chapter.

3. "Emergency rule" means a rule that is made pursuant to section 48‑3679.

4. "Fee" means a charge prescribed by a district for an inspection or for obtaining a license.

5. "Final rule" means any rule filed with the district clerk and made pursuant to an exemption from this chapter pursuant to section 48-3650 or made pursuant to section 48-3677, approved by the board. For purposes of judicial review, a final rule includes proposed expedited rules having interim effect pursuant to section 48-3678.

6. "General permit" means a regulatory permit, license or district authorization that is for facilities, activities or practices in a class that are substantially similar in nature and that is issued or granted by a district to a qualified applicant to conduct identified operations or activities if the applicant meets the applicable requirements of the general permit, that requires less information than an individual or traditional permit, license or authorization and that does not require a public hearing.

7. "License" includes the whole or part of any district permit, certificate, approval, registration, charter or similar form of permission required by law, but does not include a license required solely for revenue purposes.

8. "Licensing" includes the district process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.

9. "Party" means each person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

10. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision or a public or private organization of any character.

11. "Preamble" means:

(a) For any rule making subject to this chapter, a statement accompanying the rule that includes:

(i) Reference to the specific statutory authority for the rule.

(ii) The name and address of district personnel with whom persons may communicate regarding the rule.

(iii) An explanation of the rule, including the district's reasons for initiating the rule making.

(iv) A reference to any study relevant to the rule that the district reviewed and either proposes to rely on in its evaluation of or justification for the rule or proposes not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study and any analysis of each study and other supporting material.

(v) A showing of good cause why the rule is necessary to promote a district interest.

(vi) Such other matters as are prescribed by statute and that are applicable to the specific district or to any specific rule or class of rules.

(b) In addition to the information set forth in subdivision (a) of this paragraph, for a proposed rule, the preamble also shall include a list of all previous notices appearing in the register addressing the proposed rule, a statement of the time, place and nature of the proceedings for the making, amendment or repeal of the rule and where, when and how persons may request an oral proceeding on the proposed rule if the notice does not provide for one.

(c) In addition to the information set forth in subdivision (a) of this paragraph, for a proposed expedited rule, the preamble also shall include a statement of the time, place and nature of the proceedings for the making, amendment or repeal of the rule and an explanation of why expedited proceedings are justified.

(d) For a final rule, except an emergency rule, the preamble also shall include, in addition to the information set forth in subdivision (a) of this paragraph, the following information:

(i) A list of all previous notices appearing in the register addressing the final rule.

(ii) A description of the changes between the proposed rules, including supplemental notices and final rules.

(iii) A summary of the comments made regarding the rule and the district response to the comments.

(iv) A summary of the board's action on the rule.

(v) A statement of the rule's effective date.

(e) In addition to the information set forth in subdivision (a) of this paragraph, for an emergency rule, the preamble also shall include an explanation of the situation justifying the rule being made as an emergency rule, the date of the county attorney's approval of the rule and a statement of the emergency rule's effective date.

12. "Provision of law" means the whole or a part of the United States or Arizona Constitution, or of any federal or state statute, rule of court, ordinance or rule of a district.

13. "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 internal procedural documents that only affect the internal procedures of the district and do not impose additional requirements or penalties on regulated parties or confidential information, rules adopted by the district or a district's substantive policy statement.

14. "Rule making" means the process for formulation and finalization of a rule.

15. "Substantive policy statement" means a written expression that is only advisory and informs the general public of a district's current approach to, or opinion of, the requirements of the ordinances or codes, including, where appropriate, the district's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the district and do not impose additional requirements or penalties on regulated parties or confidential information, interpretation requested by a regulated person pursuant to section 48‑3649, rules pursuant to this article and rules adopted by the district.END_STATUTE

START_STATUTE48-3672. Public rule making docket

A. Each district shall establish and maintain a current, public rule making docket for each pending rule making proceeding. A rule making proceeding is pending from the time the district begins to consider proposing the rule under section 48-3673 until any one of the following occurs:

1. The time the rule making proceeding is terminated by the district indicating in the rule making docket that the district is no longer actively considering proposing the rule.

2. One year after the notice of rule making docket opening is published in the register if the district has not filed a notice of the proposed rule making with the district clerk pursuant to section 48-3673.

3. The rule becomes effective.

4. One year after the notice of the proposed rule making is published in the register if the district has not submitted the rule to the board for review and approval.

5. Publication of a notice of termination.

B. For each rule making proceeding, the docket shall indicate all of the following:

1. The subject matter of the proposed rule.

2. A citation to all published notices relating to the proceeding.

3. The name, address and electronic mail address of district personnel with whom persons may communicate regarding the rule.

4. Where written submissions on the proposed rule may be inspected.

5. The time during which written and electronic submissions may be made and the time and place where oral comments may be made.

6. The current status of the proposed rule.

7. The date the rule was sent to the board.

8. The date of the rule's filing and publication.

9. The date the rule was approved by the board.

10. When the rule will become effective.

C. The district shall provide public notice of the establishment of a rule making docket by causing a notice of docket opening to be published in the register, including the information set forth in subsection B, paragraphs 1, 2, 3 and 5 of this section. END_STATUTE

START_STATUTE48-3673. Notice of proposed rule making, amendment or repeal; contents of notice

A. Before rule making, amendment or repeal, the district shall file a notice of the proposed action with the district clerk. The notice shall include:

1. The preamble.

2. The exact wording of the rule.

B. The district clerk shall include in the next edition of the register the information in the notice under subsection A of this section.

C. Before commencing any proceedings for rule making, amendment or repeal, a district shall allow at least thirty days to elapse after the publication date of the register in which the notice of the proposed rule making, amendment or repeal is contained.

D. If, as a result of public comments or internal review, a district determines that a proposed rule requires substantial change pursuant to section 48-3676, the district shall issue a supplemental notice containing the changes in the proposed rule. The district shall provide for additional public comment pursuant to section 48-3674. END_STATUTE

START_STATUTE48-3674. Public participation; written statements; oral proceeding

A. For at least thirty days after publication of the notice of the proposed rule making, a district shall afford persons the opportunity to submit in writing or electronically statements, arguments, data and views on the proposed rule, with or without the opportunity to present them orally.

B. A district shall schedule an oral proceeding on a proposed rule if, within thirty days after the published notice of proposed rule making, a written or electronic request for an oral proceeding is submitted to the district personnel listed pursuant to section 48-3672, subsection B.

C. An oral proceeding on a proposed rule may not be held earlier than thirty days after notice of its location and time is published in the register. The district shall determine a location and time for the oral proceeding that affords a reasonable opportunity to persons to participate. The oral proceeding shall be conducted in a manner that allows for adequate discussion of the substance and the form of the proposed rule, and persons may ask questions regarding the proposed rule and present oral argument, data and views on the proposed rule.

D. Each district may make rules for the conduct of oral rule making proceedings. Those rules may include provisions calculated to prevent undue repetition in the oral proceedings. END_STATUTE

START_STATUTE48-3675. Time and manner of rule making

A. A district may not submit a rule to the board until the rule making record is closed.

B. Within one hundred twenty days after the close of the record on the proposed rule making, a district shall take one of the following actions:

1. Submit the rule to the board.

2. Terminate the proceeding by publication of a notice to that effect in the register.

C. Before submitting a rule to the board, a district shall consider and adequately address the written or electronic submissions, the oral submissions or any memorandum summarizing oral submissions.

D. Unless exempted by section 48-3650 or unless the rule is an emergency rule made pursuant to section 48-3677, if the district chooses to make the rule, the district shall submit a rule package to the board. The rule package shall include:

1. The preamble.

2. The exact words of the rule, including existing language and any deletions.

E. If the rule is exempt pursuant to section 48-3650, the district shall file it as a final rule with the district clerk.

F. A district shall not file a final rule with the district clerk without prior approval from the board, unless the final rule is exempted pursuant to section 48-3650 or the rule is an emergency rule made pursuant to section 48-3677. END_STATUTE

48-3676. Variance between rule and published notice of proposed rule

A. A district may not submit a rule to the board that is substantially different from the proposed rule contained in the notice of proposed rule making or a supplemental notice filed with the district clerk pursuant to section 48-3673. A district may terminate a rule making proceeding and commence a new rule making proceeding for the purpose of making a substantially different rule.

B. In determining whether a rule is substantially different from the published proposed rule on which it is required to be based, all of the following must be considered:

1. The extent to which all persons affected by the rule should have understood that the published proposed rule would affect their interests.

2. The extent to which the subject matter of the rule or the issues determined by that rule are different from the subject matter or issues involved in the published proposed rule.

3. The extent to which the effects of the rule differ from the effects of the published proposed rule if it had been made instead. END_STATUTE

START_STATUTE48-3677. Emergency rule making, amendment or repeal

A. If a district makes a finding that a rule is necessary as an emergency measure, the rule may be made, amended or repealed as an emergency measure, without the notice prescribed by sections 48-3672 and 48-3673 and prior review by the board, if the rule is first approved by the district attorney and filed with the district clerk. The district attorney may not approve the making, amendment or repeal of a rule as an emergency measure if the emergency situation is created due to the district's delay or inaction and the emergency situation could have been averted by timely compliance with the notice and public participation requirements of this chapter, unless the district submits substantial evidence that the rule is necessary as an emergency measure to do any of the following:

1. Protect the public health, safety or welfare.

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

3. Avoid violation of federal law or regulation or other state law.

4. Avoid an imminent budget reduction.

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

B. After the rule is filed with the district clerk, the district clerk shall publish the rule in the register as provided in section 48-3663 and the district shall, as soon as practicable, notify persons that have requested notices of rules related to that subject matter.

C. A rule made, amended or repealed pursuant to this section is valid for one hundred eighty days after the filing of the rule with the district clerk and may be renewed for one more one hundred eighty day period if all of the following occur:

1. The district determines that the emergency situation still exists.

2. The district follows the procedures prescribed in this section.

3. The rule is approved by the district attorney pursuant to this section.

4. The district has issued the rule as a proposed rule or has issued an alternative proposed rule pursuant to section 48-3673.

5. The district seeks approval of the renewal from the district attorney before the expiration of the preceding one hundred eighty day period.

6. The district files notice of the renewal and any required district attorney approval with the district clerk and notice is published in the register.

D. A rule that is made pursuant to this chapter and that replaces a rule made, amended or repealed pursuant to this section shall expressly repeal the rule replaced if it has not expired.

E. This section does not prohibit the adoption of a new emergency rule if, at the end of the effective period of the original emergency rule, the district finds that the imminent peril to the public health, safety or welfare or the loss of federal or state funding for a district program still exists. END_STATUTE

START_STATUTE48‑3678. Expedited rule making

A. A district may conduct expedited rule making pursuant to this section if the rule making does not increase the cost of regulatory compliance or reduce procedural rights of persons regulated and does one or more of the following:

1. Amends or repeals rules made obsolete by repeal or supersession of the district's statutory authority.

2. Amends or repeals rules for which the statute on which the rule is authorized has been declared unconstitutional by a court with jurisdiction, there is a final judgment and no statute has been enacted to replace the unconstitutional statute.

3. Makes, amends or repeals rules that repeat verbatim existing statutory authority granted to the district.

4. Makes, amends or repeals rules relating only to internal governmental operations that are not subject to violation by a person.

5. Corrects typographical errors, makes address or name changes or clarifies language of a rule without changing its effect.

6. Adopts or incorporates by reference without material change federal statutes or regulations, statutes of this state or rules of other agencies of this state pursuant to section 48‑3679.

7. Reduces or consolidates steps, procedures or processes in the rules.

B. If the proposed expedited rule making is solely for a purpose prescribed in subsection A, paragraph 1, 3 or 5 of this section, a district shall notify the board of the proposed expedited rule making. The notice shall contain the name, address and telephone number of the district contact person and the exact wording of the proposed expedited rule making and indicate how the proposed expedited rule making achieves the purpose prescribed in subsection A, paragraph 1, 3 or 5 of this section.

C. If the proposed expedited rule making is for a purpose prescribed in subsection A, paragraph 2, 4, 6 or 7 of this section, a district shall file a request for proposed expedited rule making with the board of the request. The request shall contain the name, address and telephone number of the district contact person and the exact wording of the proposed expedited rule making and an explanation of how the proposed expedited rule making meets the criteria in subsection A of this section.

D. The board may approve the request for expedited rule making if the request complies with subsection A of this section.

E. On delivery of the notice required in subsection B of this section or on approval of the board of a request for proposed expedited rule making the district shall file a notice of the proposed expedited rule making with the district clerk for publication in the next register containing the provisions of the proposed rule making filed with the board pursuant to subsection B or C of this section and allow any person to provide written comment to the district for at least thirty days after publication in the register, including objections to the rule making because it does not meet the criteria pursuant to subsection A of this section. The district shall adequately respond in writing to the comments on the proposed expedited rule making.

F. A district may not submit an expedited rule to the board that is substantially different from the proposed rule contained in the notice of proposed expedited rule making. However, a district may terminate an expedited rule making proceeding pursuant to subsection K of this section and commence a new rule making proceeding for the purpose of making a substantially different rule. A district shall use the criteria prescribed in section 48‑3676, subsection B for determining whether an expedited rule is substantially different from the published proposed expedited rule.

G. After adequately addressing, in writing, any written objections, a district shall file a request for approval with the board. The request shall contain the notice filed with the district clerk pursuant to this section and the district's responses to any written comments. The board may require a representative of the district whose proposed expedited rule making is under examination to attend a board meeting and answer questions. The board may communicate to the district its comments on the proposed expedited rule making within the scope of subsection A of this section and require the district to respond to its comments or testimony in writing. A person may submit written comments to the board that are within the scope of subsection A of this section.

H. Before a district files a notice of final expedited rule making with the district clerk, the board shall approve any proposed expedited rule making. The board shall not approve the rule unless:

1. The rule satisfies the criteria for expedited rule making pursuant to subsection A of this section.

2. The rule is clear, concise and understandable.

3. The rule is not illegal, inconsistent with legislative intent or beyond the district's statutory authority.

4. The district, in writing, adequately addressed the comments on the proposed rule and any supplementary proposal.

5. If applicable, the permitting requirements comply with section 48‑3685.

6. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplementary proposal.

7. The rule imposes the least burden and costs to persons regulated by the rule.

I. On receipt of board approval, the district shall file a notice of final expedited rule making with the district clerk that contains the information required in subsection B of this section and that the district did receive approval from the board pursuant to this section.

J. The expedited rule making becomes effective thirty days following publication of the notice of proposed expedited rule making.

K. A district may terminate an expedited rule making proceeding on approval of the board. END_STATUTE

START_STATUTE48-3679. Incorporation by reference

A. A district may incorporate by reference in its rules, and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation of an agency of the united states or of this state or a nationally recognized organization or association, if incorporation of its text in district rules would be unduly cumbersome, expensive or otherwise inexpedient.

B. The reference in the district rules shall fully identify the incorporated matter by location, date and otherwise and shall state that the rule does not include any later amendments or editions of the incorporated matter.

C. A district may incorporate by reference such matter in its rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public for inspection and reproduction.

D. The rules shall state where copies of the incorporated matter are available from the district issuing the rule and from the agency of the united states or this state or the organization or association originally issuing the matter.

E. A district may incorporate later amendments or editions of the incorporated matter only after compliance with the rule making requirements of this chapter. END_STATUTE

START_STATUTE48-3680. Invalidity of rules not made according to this

A rule is invalid unless it is made and approved in substantial compliance with sections 48-3672 through 48-3679, unless otherwise provided by law. END_STATUTE

START_STATUTE48-3681. Filing rules and preamble with district clerk; permanent record

A. Following the filing of a rule made pursuant to an exemption to this chapter or following approval and filing of a rule and preamble by the board, the district clerk shall affix to each rule document and preamble the time and date of filing. A rule is not final until the district clerk affixes the time and date of filing to the rule document as provided in this section.

B. The district clerk shall keep a permanent record of rules, preambles and economic, small business and consumer impact statements filed with the office. END_STATUTE

START_STATUTE48-3682. Petition for a rule or review of a rule, practice or policy

A. Any person, in a manner and form prescribed by the district, may petition a district requesting the making of a final rule, a review of the validity of a rule or a review of an existing district practice or substantive policy statement that the petitioner alleges to constitute a rule. The petition shall clearly state the rule, district practice or substantive policy statement that the person wishes the district to make or review. Within forty-five days after submission of a petition, the district shall either deny the petition in writing, stating its reasons for denial, initiate rule making proceedings in accordance with this chapter or, if otherwise lawful, make a rule.

B. A person may appeal to the board the district's final decision within thirty days after the district gives written notice pursuant to subsection A of this section. The appeal shall be limited to whether a rule is valid or whether an existing district practice or substantive policy statement constitutes a rule. The board shall place this appeal on the agenda of its next meeting if at least three board members make such a request of the board within two weeks after the filing of the appeal.

C. A district practice or substantive policy statement appealed to and considered by the board pursuant to this section shall remain in effect while under consideration of the board. If the board ultimately decides the rule is invalid or the district practice or statement constitutes a rule, the rule, practice or statement shall be considered void.

D. A decision by the district pursuant to this section is not subject to judicial review, except that, in addition to the procedure prescribed in this section or in lieu of the procedure prescribed in this section, a person may seek declaratory relief pursuant to section 48-3683.

E. An association has standing to petition a district and appeal to the board pursuant to this section on behalf of any member. END_STATUTE

START_STATUTE48‑3683. Declaratory judgment

A. After the rule has been considered by the board pursuant to section 48‑3682, any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county pursuant to title 12, chapter 10, article 2.

B. After the existing district practice or substantive policy statement has been considered by the board pursuant to section 48‑3682, any person who is or may be affected by an existing district practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county pursuant to title 12, chapter 10, article 2.

C. An association has standing to file an action for declaratory relief pursuant to this section on behalf of any member. END_STATUTE

START_STATUTE48-3684. Preamble; justification for rule making

Only the reasons contained in the preamble may be used by any party as justifications for the making of the rule in any proceeding in which its validity is at issue. END_STATUTE

START_STATUTE48-3685. General permits; issuance of traditional permit

A. If a district proposes a new rule or an amendment to an existing rule that requires the issuance of a regulatory permit, license or district authorization, the district shall use a general permit if the facilities, activities or practices in the class are substantially similar in nature unless any of the following applies:

1. A general permit is prohibited by federal law.

2. The issuance of an alternative type of permit, license or authorization is specifically authorized by state statute.

3. The issuance of a general permit is not technically feasible or would not meet the applicable statutory requirements.

4. The issuance of a general permit would result in additional regulatory requirements or costs being placed on the permit applicant.

B. The district retains the authority to revoke an applicant's ability to operate under a general permit and to require the applicant to obtain a traditional permit if the applicant is in substantial noncompliance with the applicable requirements for the general permit. END_STATUTE

START_STATUTE48‑3686. Standard procedural rules

A. The board shall adopt standard procedural rules for use by its departments. The standard rules must provide for the procedural functions and duties of as many departments as is practicable.

B. Except as otherwise provided in subsection C of this section, a department shall use the standard procedural rules adopted under subsection a of this section.

C. A department may adopt a rule of a procedure that differs from the standard procedural rules adopted under subsection A of this section if it is clearly impractical. END_STATUTE

START_STATUTE48‑3687. Exemptions

This article does not apply to any:

1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of a district if the effect of the order is indicated to the public by means of signs or signals.

2. Rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing.

3. Rule concerning only the internal management of a district that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

4. Rule that only establishes specific prices to be charged for particular goods or services sold by a district.

5. Rule concerning only the physical servicing, maintenance or care of district owned or operated facilities or property.

6. Rule that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the district or a patient admitted to an institution or treatment center pursuant to court order. END_STATUTE

Sec. 24. Effective date

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