Page 1, between lines 1 and 2,
insert:
“Section 1. Section 48-820, Arizona Revised
Statutes, is amended to read:
START_STATUTE48-820. Election to merge fire districts; notice; hearing;
approval; joint meeting; merged district board
A. Except as provided in subsection K of this
section, the board of supervisors shall make an order calling for an election
to decide whether to merge fire districts when a resolution for merger from
each district is submitted to the board. The board of supervisors shall not make
an order calling for an election to merge fire districts more frequently than
once every two years. Whether or not the districts are merged, the fire
districts shall reimburse the counties for the expenses of the election,
including the cost of mailing any notices required pursuant to this
section. If the proposed district is located in more than one
county, the resolutions shall be submitted to the board of supervisors of the
county in which the majority of the assessed valuation of the proposed district
is located. The words appearing on the ballot shall be "(insert
fire districts' names) merge as a fire district‑‑yes" and
"(insert fire districts' names) merge as fire district‑‑no."
B. Except for a district organized pursuant to
article 3 of this chapter, at least six days but not more than twenty days
after the election, the board of supervisors shall meet and canvass the
returns, and if it is determined that a majority of the votes cast at the
election in each of the affected districts is in favor of merging the fire
districts, the board shall enter that fact on its minutes.
C. For a district organized pursuant to article 3 of
this chapter, within fourteen days after the election, the board of supervisors
shall meet and canvass the returns, and if it is determined that a majority of
the votes cast at the election in each of the affected districts is in favor of
merging the fire districts, the board shall enter the fact on its minutes.
D. Except as prescribed in subsection E of this
section, two or more fire districts may merge if the governing body of each
affected fire district, by a majority vote of the members of each governing
body, adopts a resolution declaring that a merger be considered and a public
hearing be held to determine if a merger would be in the best interests of the
district and would promote public health, comfort, convenience, necessity or
welfare. After each district adopts such a resolution, the governing body by
first class mail shall send written notice of the resolution, its purpose and
notice of the day, hour and place of a hearing on the proposed merger to each
owner of taxable property within the boundaries of the district. The notice
shall contain the name and description of the boundaries of each district
proposed to be merged and a detailed, accurate map of the area to be included
in the merger. The notice also shall contain an estimate of the assessed value
of the merged district, the estimated change in property tax liability for a
typical resident of the proposed merged district and a list of the benefits and
injuries that may result from the proposed merged district. No new
territory may be included as a result of the merger.
E. A noncontiguous county island fire district
formed pursuant to section 48‑851 shall not merge with a fire district
formed pursuant to section 48‑261.
F. The clerk of the governing body shall post notice
in at least three conspicuous public places in the district and shall also
publish notice twice in a daily newspaper of general circulation in the county
in which the district is located, at least ten days before the public hearing.
The clerk of each governing body affected by the proposed merger shall also
mail notice and a copy of the resolution in support of considering the merger
to the chairman of the board of supervisors of the county or counties in which
the affected districts are located. The chairman of the board of supervisors
shall order a review of the proposed merger and shall submit written comments
to the governing body of each fire district located in that county within ten
days after receipt of the notice.
G. At the hearing, each governing body of the
district shall consider the comments of the board of supervisors, hear those
persons who appear for or against the proposed merger and determine whether the
proposed merger will promote public health, comfort, convenience, necessity or
welfare. If, after the public hearing each of the governing bodies of the
districts affected by the proposed merger adopt a resolution by a majority vote
that the merger will promote public health, comfort, convenience, necessity or
welfare, each of the governing bodies of the districts affected by the proposed
merger shall submit to the board of supervisors the resolutions that call for
an election.
H. Before considering any resolution of merger
pursuant to this section, a governing body shall obtain written consent to the
merger from any single taxpayer residing within each of the affected districts
who owns thirty per cent or more of the net assessed valuation of the total net
assessed valuation of the district. If written consent contemplated by this
subsection is not obtained, subsections A and B apply, and the merger may only
be accomplished by election.
I. If the merger is approved as provided by
subsection B or K of this section, within thirty days after the approval, the
governing body of the affected district with the largest population shall call
a joint meeting of the governing bodies of all of the affected districts. At
the joint meeting, a majority of the members of the governing body of each
affected district constitutes a quorum for the purpose of transacting
business. The members of the governing body shall appoint a total of five
persons from those currently serving on the governing bodies who shall complete
their regular terms of office, except that no more than three of the persons
appointed may serve terms that end in the same year. No more than
three members shall be appointed from the same fire district board. Subsequent
terms of office for district board members shall be filled by election of board
members who shall be qualified electors of the merged district.
J. The appointed governing body shall immediately
meet and organize itself and elect from its members a chairman and a
clerk. The appointed board by resolution shall declare the districts
merged and each affected district joined. The governing board by resolution
shall declare the name of the newly merged fire district. The
resolution and the names of the new board members for the newly organized
district shall be sent to the board of supervisors, and the districts are
merged effective thirty days after the adoption of the resolution.
K. If the requirements of subsection H of this
section are met and each of the governing body votes required by subsections D
and G of this section are unanimous, the following apply:
1. The governing bodies of each district may choose
to merge by unanimous resolution without an election and subsections A and B of
this section do not apply.
2. The governing bodies of each district may choose
to hold an election on the question of merger and subsections A and B of this
section apply. END_STATUTE
L. IF THE MERGER IS
APPROVED PURSUANT TO SUBSECTION B OR K OF THIS SECTION, THE GOVERNING BODY OF
THE NEWLY MERGED DISTRICT MAY ADOPT A NATIONALLY RECOGNIZED FIRE CODE WITH THE
APPROVAL OF THE STATE FIRE MARSHAL AND AFTER A HEARING HELD PURSUANT TO POSTED
AND PUBLISHED NOTICE AS PRESCRIBED BY SECTION 48-805.02, SUBSECTION A. THE
DISTRICT SHALL KEEP A COPY OF THE ADOPTED FIRE CODE ON FILE FOR PUBLIC
INSPECTION.
Sec. 2. Section 48-822, Arizona Revised
Statutes, is amended to read:
START_STATUTE48-822. Election to consolidate fire districts; resolution;
hearing
A. Except as provided in subsection E of this
section, the board of supervisors shall make an order calling for an election
to decide whether to consolidate fire districts when a resolution for
consolidation of fire districts from each district is submitted to the board of
supervisors. The board of supervisors shall not make an order calling for an
election to consolidate fire districts more frequently than once every two
years. Whether or not the districts are consolidated, the fire
districts shall reimburse the counties for the expenses of the election,
including the cost of mailing any notices. If the proposed district is located
in more than one county, the resolutions shall be submitted to the board of
supervisors of the county in which the majority of the assessed valuation of
the proposed district is located. The words appearing on the ballot
shall be "(insert fire districts' names) consolidate as a fire
district-–yes" and "(insert fire districts' names) consolidate as
fire district-–no."
B. Within fourteen days after the election, the
board of supervisors shall meet and canvass the returns, and if it is
determined that a majority of the votes cast at the election in each of the
affected districts is in favor of consolidating the fire districts, the board
shall enter that fact on its minutes.
C. Except as proscribed by subsection D of this
section, a fire district may consolidate with one or more other fire districts
formed pursuant to section 48‑261 as follows:
1. A resolution requesting the consolidation of a
fire district is passed by a majority vote of the governing body requesting
consolidation into another fire district. The requesting district shall send
by first class mail the notice of request to consolidate districts to the fire
district in which the consolidation is requested.
2. On receipt of the resolution requesting
consolidation, and on approval by majority vote of the governing body receiving
the request, two or more fire districts may consolidate if the governing body
of each affected fire district by a majority vote of the members of each
governing body adopts a resolution declaring that a consolidation be considered
and a public hearing be held to determine if a consolidation would be in the
best interest of the districts and would promote the public health, comfort,
convenience, necessity or welfare. After each district adopts such a
resolution, the governing body by first class mail shall send written notice of
the resolution, its purpose and notice of the day, hour and place of a hearing
on the proposed consolidation to each owner of taxable property within the
boundaries of the district. The notice shall contain the name and
description of the boundaries of each district that is proposed to be
consolidated and a detailed, accurate map of the area to be included in the
consolidation. The notice also shall contain an estimate of the
assessed value of the consolidated district, the estimated change in the
property tax liability for a typical resident of the proposed consolidated
district and a list of the benefits and injuries that may result from the
proposed consolidated district. No new territory may be included as a result
of the consolidation.
3. The clerk of the governing body of the fire
districts affected by the proposed consolidation shall post notice in at least
three conspicuous public places in the district and also shall publish notice
twice in a daily newspaper of general circulation in the county in which the
district is located at least ten days before the public hearing. The
clerk of each governing body affected by the proposed consolidation shall also
mail notice and a copy of the resolution in support of considering
consolidation to the chairman of the board of supervisors of the county or
counties in which the affected districts are located. The chairman of the
board of supervisors shall order a review of the proposed consolidation and
shall submit written comments to the governing body of each fire district
located in the county within ten days after receipt of the notice.
4. At the hearing, the governing body of the
district shall consider the comments of the board of supervisors, hear those
persons who appear for or against the proposed consolidation and determine
whether the proposed consolidation will promote the public health, comfort,
convenience, necessity or welfare. If, after the public hearing,
each of the governing bodies of the districts affected by the proposed consolidation
adopt a resolution by a majority vote that the consolidation will promote the
public health, comfort, convenience, necessity or welfare, each of the
governing bodies of the districts affected by the proposed consolidation shall
submit the resolutions calling for an election to the board of supervisors.
5. If the proposal for consolidation is approved as
provided in subsections A and B of this section, the governing body of the
district into which consolidation was requested shall by resolution declare the
district consolidated and each affected district joined. Those
persons currently serving as the governing body of the district into which
consolidation was requested shall serve as the governing body of the newly
consolidated district and complete their regular terms of office. The newly
consolidated district governing body shall consist of at least five members.
6. If the consolidation results in a new district
population that is greater than fifty thousand persons, the new governing board
may appoint an additional two members to serve until the next general election
at which time the newly elected member with the highest number of votes serves
a four year term and the other member serves a two year
term. Thereafter, the term of office for these two new members is
four years.
7. The governing body by resolution shall declare
the name of the newly consolidated fire district.
8. If a proposed consolidated district would include
property located in an incorporated city or town, in addition to the other
requirements of this section, the governing body of the district shall approve
the creation of the consolidated district only if the governing body of the
city or town endorses the creation by ordinance or resolution.
9. Before considering any resolution of consolidation
pursuant to this section, a governing body shall obtain written consent to the
consolidation from any single taxpayer residing within each of the affected
districts who owns thirty per cent or more of the net assessed valuation of the
total net assessed valuation of the district.
D. A noncontiguous county island fire district
formed pursuant to section 48‑851 shall not consolidate with a fire
district formed pursuant to section 48‑261.
E. If the requirements of subsection C, paragraph 9
of this section are met and each of the governing body votes required by this
section are unanimous, the following apply:
1. The governing bodies of each district may choose
to consolidate by unanimous resolution without an election and subsections A
and B of this section do not apply.
2. The governing bodies of each district may choose
to hold an election on the question of consolidation and subsections A and B of
this section apply. END_STATUTE
F. IF THE CONSOLIDATION
IS APPROVED PURSUANT TO SUBSECTION A OR E OF THIS SECTION, THE ADOPTED FIRE
CODE OF THE DISTRICT INTO WHICH THE CONSOLIDATION WAS REQUESTED SHALL APPLY TO
THE ENTIRETY OF THE NEWLY CONSOLIDATED DISTRICT.”
Renumber to conform
Page 1, line 31, strike the second “and”
Line 32, strike “shall” insert a comma
Line 33, after “counties” insert “and review the frequency of
mergers and consolidations of fire districts in rural areas”
After line 38, insert:
Sec. 4. Retroactivity
Section 48-820, Arizona Revised
Statutes, as amended by this act applies retroactively from and after January
1, 2014.”
Amend title to conform
Bill
Number: H.B. 2162