First Regular Session S.B. 1035
BURNS FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1035
(Reference to APPROP amendment)
Page 3, line 28, after "1621" insert ", except that it does not include commercial or professional licenses"
Strike lines 29 through 36
Strike pages 4 through 14
Page 15, strike lines 1 through 4, insert:
"Sec. 3. Section 9-463.05, Arizona Revised Statutes, is amended to read:
9-463.05. Development fees; imposition by cities and towns; infrastructure improvements plan; annual report; limitation on actions; moratorium; definitions
A. A municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development. , including costs shall include only the costs of infrastructure, improvements, real property, engineering and architectural services, and financing, other capital costs and associated appurtenances, equipment, vehicles, furnishings and other personalty.
B. Development fees assessed by a municipality under this section are subject to must meet the following requirements:
1. Development fees shall result in a beneficial use to the development.
2. The amount of a development fee must be reasonably related and reasonably attributable to the development's share of infrastructure improvements made necessary by the development.
3. A development fee shall not exceed a proportionate share of the costs incurred or to be incurred by the municipality in providing necessary services to development.
4. Costs for correction of existing defects in a public facility may not be included in a development fee.
5. Costs for facilities that are made necessary by a development shall be based on the same level of service provided to existing residents in the municipality. to the extent that the infrastructure improvements plan requires facilities to be created or modified to improve the level of service provided to existing residents in the municipality, the costs of new or modified facilities shall be apportioned proportionately among the development and existing residents.
6. The municipality shall calculate a development fee based on the infrastructure improvements plan, which must be adopted before the commencement of the development fee study.
2. 7. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section. Monies received from a development fee identified in an infrastructure improvements plan adopted or amended pursuant to subsection D E of this section shall be used to provide the same category of necessary public service for which the development fee was assessed. Interest earned on monies in the separate fund shall be credited to the fund.
3. 8. The schedule for payment of fees shall be provided by the municipality. Based on the cost identified in the infrastructure improvements plan, the municipality shall provide a credit toward the payment of a development fee for the required or agreed to dedication of public sites, improvements and other necessary public services included in the infrastructure improvements plan and for which a development fee is assessed, to the extent the public sites, improvements and necessary public services are provided by the developer. The developer of residential dwelling units shall be required to pay development fees when construction permits for the dwelling units are issued, or at a later time if specified in a development agreement pursuant to section 9‑500.05. If a development agreement provides for fees to be paid at a time later than the issuance of construction permits, the deferred fees shall be paid no later than fifteen days after the issuance of a certificate of occupancy. The development agreement shall provide for the value of any deferred fees to be supported by appropriate security, including a surety bond, letter of credit or cash bond.
4. 9. The amount of any development fees assessed pursuant to this section must bear a reasonable relationship to the burden imposed upon the municipality to provide additional necessary public services to the development. The municipality, in determining the extent of the burden imposed by the development amount of any development fees assessed pursuant to this section, shall consider, among other things, the contribution deduct the contributions made or to be made in the future in cash or by taxes, fees or assessments by the property owner towards, as determined in subsection F, paragraph 2, subdivision (g) of this section, from the capital costs of the necessary public service covered by the development fee. This paragraph does not apply to any revenues or portions of revenues that are not dedicated as a capital contribution to the same category of necessary public service as identified by the municipality in subsection F, paragraph 2, subdivision (g) of this section.
5. 10. If development fees are assessed by a municipality, such the fees shall be assessed in a nondiscriminatory manner.
6. 11. In determining and assessing a development fee applying to land in a community facilities district established under title 48, chapter 4, article 6, the municipality shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fee based on the infrastructure or costs.
C. This section does not prohibit a municipality from supporting projects in the infrastructure improvements plan in whole or in part with revenues other than development fees. A municipality may waive development fees in whole or in part for a particular development, but to the extent that it does so, it must provide that the amount of monies that would have been collected through the waived development fee be replaced with other specified revenues.
C. D. A municipality shall give at least sixty days' advance notice of intention to assess a new or modified development fee and shall release to the public a written report that identifies the methodology for calculating the amount of the development fee, explains the relationship between the development fee and the infrastructure improvements plan, includes documentation that supports the assessment of a new or modified development fee and identifies any index or indices to be used for automatic adjustment of the development fee pursuant to subsection F G of this section and the timing of those adjustments. The municipality shall conduct a public hearing on the proposed new or modified development fee at any time after the expiration of the sixty day notice of intention to assess a new or modified development fee and at least thirty days prior to the scheduled date of adoption of the new or modified fee by the governing body. A development fee assessed pursuant to this section shall not be effective until seventy-five ninety days after its formal adoption by the governing body of the municipality. Nothing in this subsection shall affect any development fee adopted prior to July 24, 1982.
D. E. Before the assessment of a new or modified development fee, the governing body of the municipality shall adopt or amend an infrastructure improvements plan. The municipality shall conduct a public hearing on the infrastructure improvements plan at least thirty days before the adoption or amendment of the plan. The municipality shall release the plan to the public, make available to the public the documents used to prepare the plan and provide public notice at least sixty days before the public hearing, subject to the following:
1. An infrastructure improvements plan may must be adopted concurrently with not more than twelve months before the report required by subsection C D of this section, and the municipality may provide for and schedule the notices and hearings required by this subsection together with the notices and hearings required by subsection C of this section. The infrastructure improvements plan must be adopted before the start of a development fee study as required by subsection D of this section.
2. A municipality may amend an infrastructure improvements plan without a public hearing if the amendment addresses only elements of necessary public services that are included in the existing infrastructure improvements plan. The municipality shall provide public notice of those amendments at least fourteen days in advance of their effective date.
E. F. For each necessary public service that is the subject of a development fee, the infrastructure improvements plan shall:
1. Estimate future necessary public services that will be required as a result of new development in the area, as defined in the infrastructure improvements plan, in which the development fee will be assessed and the basis for the estimate, including a comparison of the necessary public services provided to existing development and the necessary public services to be provided to new development.
2. Forecast the costs of infrastructure, improvements, real property, financing, other capital costs and associated appurtenances, equipment, vehicles, furnishings and other personalty that will be associated with meeting those future needs for necessary public services and estimate the time required to finance and provide the necessary public services.
2. Specifically contain the following items:
(a) An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing capital improvements.
(b) A description of all or the parts of the capital improvements or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions.
(c) A description of the existing level or quantity of use, consumption, generation or discharge of a service unit for each category of capital improvements or facility expansions addressed in the infrastructure improvements plan.
(d) A definitive table describing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of capital improvements or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, multiresidential, commercial and industrial, that shall be comparable to the existing level or quantity of use, consumption, generation or discharge for each category of capital improvements or facility expansions as described in subdivision (c) of this paragraph.
(e) The total number of projected new service units necessitated by and attributable to development in the service area based on the approved land use assumptions and calculated in accordance with generally accepted engineering or planning criteria.
(f) The projected demand for capital improvements or facility expansions projected over a reasonable period of time, not to exceed ten years.
(g) A description and estimate of the amounts of all monies other than development fees that will be used for capital improvements or facility expansions that are the subject of the infrastructure improvements plan and that may include estimated state shared revenues, highway user revenues, federal revenues, ad valorem property taxes, grants, donations, construction contracting or similar excise taxes, the capital recovery portion of utility fees attributable to development in the service area based on the approved land use assumptions and any other sources of revenue.
(h) To the extent that bonds are anticipated to finance capital improvements or facility expansions that are the subject of the infrastructure improvements plan, a description and estimate of the sources and amounts of all anticipated revenues that will be used to repay the bonds.
F. G. A municipality may automatically adjust a development fee on an annual basis without a public hearing if the adjustment is based on a nationally recognized index applicable to the cost of the necessary public service that is the subject of the development fee and the adjustment mechanism is identified in the report required by subsection C D of this section. The municipality shall provide public notice of those adjustments at least thirty days in advance of their effective date.
G. H. Each municipality that assesses development fees shall submit an annual report accounting for the collection and use of the fees. The annual report shall include the following:
1. The amount assessed by the municipality for each type of development fee.
2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year.
3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year.
4. The amount of development fee monies used to repay:
(a) Bonds issued by the municipality to pay the cost of a capital improvement project that is the subject of a development fee assessment.
(b) Monies advanced by the municipality from funds other than the funds established for development fees in order to pay the cost of a capital improvement project that is the subject of a development fee assessment.
5. The amount of development fee monies spent on each capital improvement project that is the subject of a development fee assessment and the physical location of each capital improvement project.
6. The amount of development fee monies spent for each purpose other than a capital improvement project that is the subject of a development fee assessment.
H. I. Within ninety days following the end of each fiscal year, each municipality shall submit a copy of the annual report to the city clerk. Copies shall be made available to the public on request. The annual report may contain financial information that has not been audited.
I. J. A municipality that fails to file the report required by this section shall not collect development fees until the report is filed.
J. K. Any action to collect a development fee shall be commenced within two years after the obligation to pay the fee accrues.
L. Notwithstanding any other law, beginning July 1, 2009 through June 30, 2012, a municipality shall not impose or assess any development fees pursuant to this section. Beginning July 1, 2012, a municipality may impose a development fee or modify an existing development fee pursuant to this section.
K. M. For the purposes of this section: ,
1. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve development. facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
2. "Fire services" includes facilities that are necessary for housing and maintaining personnel, vehicles and equipment used for fire suppression or to provide emergency medical services and vehicles or other appurtenances that are necessary for providing or administering fire services. Fire services do not include any air vehicle.
3. "Infrastructure improvements plan" means one or more written plans that individually or collectively identify each public service that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section, and may be the municipality’s capital improvements plan.
4. "Land use assumptions" means a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a ten-year period.
5. "Necessary public services" means new or existing facilities that are modified to increase service capacity and that:
(a) Are made necessary by development.
(b) Have a life expectancy of ten years or longer.
(c) Are owned and operated by the municipality.
(d) Provide fire services, park services, police services, transportation services, water system services or wastewater treatment project services.
6. "Park services":
(a) Includes real property or appurtenances that are used for a park that is not larger than fifteen acres.
(b) Does not include arenas, archeological sites or facilities, arts or cultural facilities, clubhouses, community centers that are more than three thousand square feet, environmental education or interpretive facilities, equestrian facilities, golf course facilities, historical preservation sites or facilities, interpretive art or dance facilities or wetland or riparian facilities.
7. "Police services" includes facilities and vehicles necessary for providing or administering police services. Police services do not include any air vehicle.
8. "Service area" means the area that is within the corporate boundaries or extraterritorial jurisdiction, as determined under this title, of the municipality and that is to be served by the capital improvements or facilities expansions prescribed in the infrastructure improvements plan.
9. "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards and based on historical data and trends applicable to the political subdivision in which the individual unit of development is located during the previous ten years.
10. "Transportation services" includes the arterial or collector streets, bridges, rights-of-way, traffic signals and landscaping. Transportation services do not include trains, light rail or park and ride parking lots.
11. "Wastewater treatment project services" includes the collection, treatment or disposal of wastewater.
12. "Water system services" includes facilities for the collection, transportation, treatment, purification and distribution of water or the acquisition of water rights.
Sec. 4. Section 9-500.05, Arizona Revised Statutes, is amended to read:
9-500.05. Development agreements; public safety; definitions
A. A municipality, by resolution or ordinance, may enter into development agreements relating to property in the municipality and to property located outside the incorporated area of the municipality. If the development agreement relates to property located outside the incorporated area of the municipality, the development agreement does not become operative unless annexation proceedings to annex the property to the municipality are completed within the period of time specified by the development agreement or any extension of such time.
B. A development agreement shall be consistent with the municipality's general plan or specific plan, if any, as defined in section 9‑461, applicable to the property on the date the development agreement is executed.
C. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.
D. No later than ten days after a municipality enters into a development agreement, the municipality shall record a copy of the agreement with the county recorder of the county in which the property subject to the development agreement is located, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all their successors in interest and assigns.
E. Section 32‑2181 does not apply to development agreements under this section.
F. Notwithstanding any other law, a municipality may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has been granted a development agreement pursuant to this section, an owner of a protected development right pursuant to chapter 11 of this title or the owner of any other residential or commercial development subject to the supervision of a municipality pursuant to this title, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development in the municipality and that is open to and used by the public. A municipality may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road, before their installation.
G. Notwithstanding section 19‑142, subsection B, a decision by the governing body involving a development agreement may not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the development agreement.
H. A development agreement shall not, directly or indirectly:
1. Enlarge a developer’s obligations with regard to the amount of development fees imposed pursuant to section 9-463.05.
2. Require a developer to assume an obligation to construct or contribute to the construction of facilities that are not necessary public services, as defined in section 9-463.05, made necessary by the new development.
H. I. In this section, unless the context otherwise requires:
1. "Development agreement" means an agreement between a municipality and a community facilities district pursuant to section 48‑709, a landowner or any other person having an interest in real property that may specify or otherwise relate to any of the following:
(a) The duration of the development agreement.
(b) The permitted uses of property subject to the development agreement.
(c) The density and intensity of uses and the maximum height and size of proposed buildings within such property.
(d) Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.
(e) Provisions for preservation and restoration of historic structures.
(f) The phasing or time of construction or development on property subject to the development agreement.
(g) Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time.
(h) Conditions, terms, restrictions and requirements for annexation of property by the municipality and the phasing or timing of annexation of property by the municipality.
(i) Conditions, terms, restrictions and requirements of deannexation of property from one municipality to another municipality and the phasing or timing of deannexation of property from one municipality to another municipality.
(j) Conditions, terms, restrictions and requirements relating to the governing body's intent to form a special taxing district pursuant to title 48.
(k) Any other matters relating to the development of the property.
2. "Governing body" means the body or board which by law is constituted as the legislative body of the municipality.
3. "Municipality" means an incorporated city or town.
Sec. 5. Title 9, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 9-805, to read:
9-805. Building code moratorium on residential and commercial buildings
Beginning July 1, 2009 through June 30, 2012, any new or modified residential or commercial building code or other related code that is adopted by a municipality does not apply to a residential or commercial building that received a final site plan or subdivision plat, planned area development or similar approval by a municipality before June 1, 2009. This section does not prohibit any code changes to the extent and duration required to comply with conditions for federal stimulus funding."
Renumber to conform
Page 15, between lines 27 and 28, insert:
"Sec. 7. Section 20-1550, Arizona Revised Statutes, is amended to read:
20-1550. Minimum policyholder position; definitions
A. A mortgage guaranty insurer shall maintain at all times a minimum policyholder position in an amount not less than the amount required by this section. The face amount of the mortgage shall include reinsurance assumed and shall be calculated net of reinsurance that is ceded to an insurer either:
1. Authorized to transact insurance or accredited to assume reinsurance in this state.
2. Pursuant to section 20‑1557, subsection C.
3. Otherwise approved by the director.
B. If a policy of mortgage guaranty insurance insures individual loans with a percentage claim settlement option on the loans, the insurer shall maintain a minimum policyholder position based on each one hundred dollars of the face amount of the mortgage, the percentage coverage or claim settlement option and the loan‑to‑value category. The required amount of minimum policyholder position is calculated in the following manner:
1. If the total indebtedness is greater than seventy‑five per cent of the value of the collateral property at the date of insurance, the following applies:
Minimum policyholder
position per one hundred
Per cent dollars of the face
coverage amount of the mortgage
5% $ .20
10 .40
15 .60
20 .80
25 1.00
30 1.10
35 1.20
40 1.30
45 1.35
50 1.40
55 1.50
60 1.55
65 1.60
70 1.65
75 1.75
80 1.80
85 1.85
90 1.90
95 1.95
100 2.00
If the per cent coverage is between any five percentage point increment, the factor for minimum policyholder position per one hundred dollars of the face amount of the mortgage shall be prorated.
2. If the total indebtedness is at least fifty per cent and not more than seventy‑five per cent of the value of the collateral property at the date of insurance, the required amount of minimum policyholder position is fifty per cent of the amount required by paragraph 1 of this subsection.
3. If the total indebtedness is less than fifty per cent of the value of the collateral property at the date of insurance, the required amount of minimum policyholder position is twenty‑five per cent of the amount required by paragraph 1 of this subsection.
C. If a policy of mortgage guaranty insurance provides coverage on a pool of loans subject to an aggregate loss limit and if the equity:
1. Is not more than fifty per cent and not less than twenty per cent, or equity plus any prior insurance or a deductible equals twenty‑five per cent of the value of the collateral property at the date of insurance, the required amount of minimum policyholder position is calculated as follows:
Minimum policyholder
position per one hundred
Per cent dollars of the face
coverage amount of the mortgage
1% $ .30
5 .50
10 .60
15 .65
20 .70
25 .75
30 .775
40 .80
50 .825
60 .85
70 .875
75 .90
80 .925
90 .95
1.00 100 1.00
If the per cent coverage is between any specified increment, the factor for minimum policyholder position per one hundred dollars of the face amount of the mortgage shall be prorated.
2. Is less than twenty per cent or the equity plus prior insurance or a deductible is less than twenty‑five per cent of the value of the collateral property at the date of insurance, the required amount of minimum policyholder position is two hundred per cent of the amount required by paragraph 1 of this subsection.
3. Is more than fifty per cent or the equity plus prior insurance or a deductible is more than fifty‑five per cent of the value of the collateral property at the date of insurance, the required amount of minimum policyholder position is fifty per cent of the amount of minimum policyholder position required by paragraph 1 of this subsection.
D. If a policy of mortgage guaranty insurance provides for layers of coverage, deductibles or excess reinsurance, the required amount of minimum policyholder position may be computed by subtracting the required minimum policyholder position for the lower percentage coverage limits from the required minimum policyholder position for the upper or greater coverage limit.
E. If a policy of mortgage guaranty insurance provides for coverage on loans secured by second liens:
1. If the policy provides coverage on individual loans, the required amount of minimum policyholder position is calculated according to subsection B after the per cent of coverage and the loan‑to‑value ratios have been determined as follows:
(a) Divide the insured portion of the second loan by the entire loan indebtedness on the collateral property to determine the per cent coverage.
(b) Divide the entire loan indebtedness on the property by the value of the collateral property at the date of insurance to determine loan‑to‑value per cent.
2. If the policy provides coverage on a group of loans subject to an aggregate loss limit, the minimum policyholder position is calculated according to subsection C after the per cent of coverage and the loan‑to‑value ratios have been determined in accordance with this subsection.
F. If a policy of mortgage guaranty insurance provides for coverage on leases, the minimum policyholder position is four dollars for each one hundred dollars of the insured amount of the lease.
G. If a mortgage guaranty insurer does not have the amount of minimum policyholder position required by this section, the director may require that it shall cease transacting new business until such time that its minimum policyholder position is in compliance with this section.
H. A mortgage guaranty insurer shall include with its annual statement a report of its minimum policyholder position on a form approved by the director.
I. For the purposes of this section, except as otherwise provided:
1. "Equity" means the complement of the loan‑to‑value per cent.
2. "Face amount of the mortgage" means the outstanding principal balance computed without any reduction because of an insurer's option limiting its coverage, except that for the purposes of determining a minimum policyholder position under subsection E "face amount of the mortgage" means the entire loan indebtedness on the property."
Renumber to conform
Page 19, between lines 32 and 33, insert:
"Sec. 10. Section 33-809, Arizona Revised Statutes, is amended to read:
33‑809. Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale
A. A person desiring a copy of a notice of sale under a trust deed, at any time subsequent to the recording of the trust deed and prior to the recording of a notice of sale pursuant thereto, shall record in the office of the county recorder in any county in which part of the trust property is situated a duly acknowledged request for a copy of any such notice of sale. The request shall set forth the name and address of the person or persons requesting a copy of such notice and shall identify the trust deed by setting forth the county, docket or book and page of the recording data thereof and by stating the names of the original parties to such deed, the date the deed was recorded and the legal description of the entire trust property and shall be in substantially the following form:
Request for Notice
Request is hereby made that a copy of any notice of sale under the trust deed recorded in docket or book ___________ at page ________, records of ______________ county, Arizona, ___________, ____,
(legal description of trust property)
Executed by _____________________ as trustor, in which ______________ is named as beneficiary and __________________ as trustee, be mailed to _________________ at ___________________.
Dated this _______________ day of ___________, ____.
___________________
Signature
(Acknowledgement)
B. Not later than thirty days after recording the notice of sale, the trustee shall mail by certified or registered mail, with postage prepaid, a copy of the notice of sale that reflects the recording date together with any notice required to be given by subsection C of this section, addressed as follows:
1. To each person whose name and address are set forth in a request for notice, which has been recorded prior to the recording of the notice of sale, directed to the address designated in such request.
2. To each person who, at the time of recording of the notice of sale, appears on the records of the county recorder in the county in which any part of the trust property is situated to have an interest in any of the trust property. The copy of the notice sent pursuant to this paragraph shall be addressed to the person whose interest appears of record at the address set forth in the document. If no address for the person is set forth in the document, the copy of the notice may be addressed in care of the person to whom the recorded document evidencing such interest was directed to be mailed at the time of its recording or to any other address of the person known or ascertained by the trustee. If the interest that appears on the records of the county recorder is a deed of trust, a copy of the notice only needs to be mailed to the beneficiary under the deed of trust. If any person having an interest of record or the trustor, or any person who has recorded a request for notice, desires to change the address to which notice shall be mailed, the change shall be accomplished by a request as provided under this section.
3. For single family residential properties only, to the property address, except that the copy mailed pursuant to this paragraph may be mailed by first class mail.
C. The trustee, within five business days after the recordation of a notice of sale, shall mail by certified or registered mail, with postage prepaid, a copy of the notice of sale to each of the persons who were parties to the trust deed except the trustee. The copy of the notice mailed to the parties need not show the recording date of the notice. The notice sent pursuant to this subsection shall be addressed to the mailing address specified in the trust deed. In addition, notice to each party shall contain a statement that a breach or nonperformance of the trust deed or the contract or contracts secured by the trust deed, or both, has occurred, and setting forth the nature of such breach or nonperformance and of the beneficiary's election to sell or cause to be sold the trust property under the trust deed and the additional notice shall be signed by the beneficiary or the beneficiary's agent. A copy of the additional notice shall also be sent with the notice provided for in subsection B, paragraph 2 of this section to all persons whose interest in the trust property is subordinate in priority to that of the deed of trust along with a written statement that the interest may be subject to being terminated by the trustee's sale. The written statement may be contained in the statement of breach or nonperformance.
D. No request for a copy of a notice recorded pursuant to this section, nor any statement or allegation in any request, nor any record of request, shall affect the title to the trust property or be deemed notice to any person that a person requesting a copy of notice of sale has or claims any interest in, or claim upon, the trust property.
E. At any time that the trust deed is subject to reinstatement pursuant to section 33‑813, but not sooner than thirty days after recordation of the notice of trustee's sale, the trustee shall upon receipt of a written request, provide, if actually known to the trustee, the following information relating to the trustee's sale and the trust property:
1. The unpaid principal balance of the note or other obligation which is secured by the deed of trust.
2. The name and address of record of the owner of the trust property as of the date of recordation of the notice of trustee's sale.
3. A list of the liens and encumbrances upon the trust property as of the date of recordation of the notice of trustee's sale, excluding those matters set forth in section 33‑438, subsection A.
If the trustee elects to charge a fee for providing the information requested, the fee shall not exceed five per cent of the amount the trustee may charge pursuant to section 33‑813, subsection B, paragraph 4, except that the trustee shall not charge a fee that is more than one hundred dollars or be required to accept a fee that is less than thirty dollars but may accept a lesser fee at the trustee's discretion. The trustee, or any other person furnishing information pursuant to this subsection to the trustee, shall not be subject to liability for any error or omission in providing the information requested, except for the wilful and intentional failure to provide information in the trustee's actual possession.
F. Beginning at 9:00 a.m. and continuing until 5:00 p.m. mountain standard time on the last business day preceding the day of sale and beginning at 9:00 a.m. mountain standard time and continuing until the time of sale on the day of the sale, the trustee shall make available the actual bid or a good faith estimate of the credit bid the beneficiary is entitled to make at the sale. If the actual bid or good faith estimate is not available during the prescribed time period, the trustee shall postpone the sale until the trustee is able to comply with this subsection.
G. In providing information pursuant to subsections E and F of this section, the trustee, without obligation or liability for the accuracy or completeness of the information, may respond to oral requests, respond orally or in writing or provide additional information not required by such subsections. With respect to property that is the subject of a trustee's sale, the beneficiary of such deed of trust or the holder of any prior lien may, but shall not be required to, provide information concerning such deed of trust or any prior lien that is not required by subsection E or F of this section and may charge a reasonable fee for providing the information. The providing of such information by any beneficiary or holder of a prior lien shall be without obligation or liability for the accuracy or completeness of the information."
Renumber to conform
Page 20, between lines 28 and 29, insert:
"Sec. 12. Section 36-3291, Arizona Revised Statutes, is amended to read:
36-3291. Health care directives registry; website
A. Subject to the availability of monies, the secretary of state shall establish and maintain a health care directives registry.
B. The registry shall be accessible through a web site website maintained by the secretary of state.
C. The secretary of state may accept gifts, grants, donations, bequests and other forms of voluntary contributions to support, promote and maintain the registry. The legislature or the secretary of state shall not appropriate or transfer state general fund or other state monies to support, promote and maintain the registry."
Renumber to conform
Page 22, strike lines 18 through 35
Page 23, strike lines 1 through 8, insert:
"D. Purchases and contracts for goods and services entered into by the arizona state library, archives and public records are exempt from chapter 23 of this title.
Sec. 15. Section 41-1304.06, Arizona Revised Statutes, is amended to read:
41-1304.06. Authorization for collection of rental; basis of payment; exception; definition
A. Each state department and each state agency when using space under the jurisdiction of the legislative council or the speaker of the state house of representatives or the president of the state senate shall pay a rental as prescribed in subsection B to the legislative council, speaker or president, as appropriate, for deposit in the capital outlay stabilization fund.
B. The rental authorized by the terms of subsection A shall be determined by the joint legislative budget committee after recommendation by the speaker and president prior to the beginning of each fiscal year. The agency shall pay rent in one annual payment regardless of whether the department or agency is funded in whole or in part by state monies.
C. This section does not apply to the secretary of state if the space used pursuant to this section is primarily being used by the Arizona state library, archives and public records for the purposes prescribed by statute.
C. D. For the purposes of this section, "state department" or "state agency" means any department or agency of the executive or judicial branch of state government.
Sec. 16. Section 41-1330, Arizona Revised Statutes, is amended to read:
41-1330. Definitions
In this article, unless the context otherwise requires:
1. "Board" means the board of the state library.
2. 1. "Director" means the director of the state library.
3. 2. "State library" means the Arizona state library, archives and public records.
Sec. 17. Section 41-1331, Arizona Revised Statutes, is amended to read:
41-1331. Arizona state library, archives and public records
A. The Arizona state library, archives and public records is established in the legislative branch of state government OFFICE OF THE SECRETARY OF STATE.
B. The state library shall:
1. Acquire and provide access to materials relating to the following in print, in an electronic format or in any other format:
(a) Law.
(b) Political science.
(c) Economics.
(d) Sociology.
(e) Subjects pertaining to the theory and practice of government.
(f) Genealogy.
(g) Arizona history.
2. Provide the following:
(a) A general and legal reference service.
(b) A records management and archives program.
(c) A state and federal government documents depository program.
(d) A library development service.
(e) Museums for educational purposes as approved by the board secretary of state.
(f) A service, including materials, for persons who are visually or physically unable to use traditional print materials.
Sec. 18. Section 41-1332, Arizona Revised Statutes, is amended to read:
41-1332. Advisory board of the Arizona state library, archives and public records
A. A an advisory board of the Arizona state library, archives and public records is established consisting of the president of the senate or the president's designee, the speaker of the house of representatives or the speaker's designee, one member of the senate who is appointed by the president of the senate and who is a member of a different political party than the president, and one member of the house of representatives who is appointed by the speaker of the house of representatives and who is a member of a different political party than the speaker and five members who are appointed by the secretary of state.
B. The advisory board shall annually elect a chairperson and vice‑chairperson from among its members at the first meeting of the fiscal year. Meetings of the advisory board shall be held at the call of the chairman chairperson or a majority of the members of the advisory board. The speaker of the house of representatives shall serve as chairman in even‑numbered years and the president of the senate shall serve as chairman in odd‑numbered years.
C. Members who are appointed by the secretary of state shall serve three year staggered terms beginning on July 1. If there is a vacancy, the secretary of state shall appoint another person to serve the remainder of the term. The secretary of state may appoint members to succeeding terms. The secretary of state may remove a member for good and sufficient cause. Members of the advisory board who are appointed by the secretary of state are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
C. d. The advisory board shall exercise general supervision over the state library and shall appoint the director of the state library. The director shall serve at the pleasure of the board advise the secretary of state in the supervision of the state library.
Sec. 19. Section 41-1333, Arizona Revised Statutes, is amended to read:
41-1333. Director of the state library; qualifications
A. The state library shall be under the charge and control of a director, subject to board supervision of the secretary of state. The secretary of state shall appoint the director of the state library. The director shall serve at the pleasure of the secretary of state.
B. The director shall be a person who is technically trained in library work or have with at least a master's degree in library science or the equivalent and who has at least five years' actual experience as chief administrator of a major library.
Sec. 20. Section 41-1334, Arizona Revised Statutes, is amended to read:
41-1334. Compensation of director
The compensation of the director shall be as determined by the board secretary of state.
Sec. 21. Section 41-1345, Arizona Revised Statutes, is amended to read:
41-1345. Records; records management; powers and duties of director; fees; records services fund
A. The director is responsible for the preservation and management of records. In addition to other powers and duties, the director shall:
1. Establish standards, procedures and techniques for effective management of records.
2. Make continuing surveys of record keeping operations and recommend improvements in current record management practices, including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing records.
3. Establish standards and procedures for the preparation of schedules providing for the retention of records of continuing value and for the prompt and orderly disposal of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping.
4. Establish criteria for designation of essential records within the following general categories:
(a) Records containing information necessary to the operations of government in the emergency created by a disaster.
(b) Records containing information necessary to protect the rights and interests of persons or to establish and affirm the powers and duties of governments in the resumption of operations after a disaster.
5. Reproduce or cause to be reproduced essential records and prescribe the place and manner of their safekeeping.
6. Obtain such reports and documentation from agencies as are required for the administration of this program.
7. Request transmittal of the originals of records produced or reproduced by agencies of the state or its political subdivisions pursuant to section 41‑1348 or certified negatives, films or electronic media of such originals, or both, if in the director's judgment such records may be of historical or other value.
8. On request, assist and advise in the establishment of records management programs in the legislative and judicial branches of the state and provide program services similar to those available to the executive branch of state government pursuant to this article.
9. Establish a fee schedule to systematically charge state agencies, political subdivisions of this state and other governmental units of this state for services described in this section and section 41‑1345.01 and deposit monies received from fees in the records services fund established by subsection B of this section.
10. Subject to approval of the board secretary of state, establish a fee schedule to charge state agencies, political subdivisions of this state and other governmental units of this state for services and expenses incurred by the state library in obtaining copies of those reports, documents and publications that are required to be delivered, supplied or provided pursuant to sections 35‑103, 41‑1335 and 41‑1338 and deposit these monies in the records services fund established by subsection B of this section.
B. A records services fund is established consisting of monies deposited pursuant to subsection A, paragraphs 9 and 10 of this section. The director shall administer the fund for the purposes provided in subsection A of this section. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 22. Section 41-1353, Arizona Revised Statutes, is amended to read:
41-1353. Review and transfer of certain historic property; exemption; definition
A. An agency shall notify the state library on forms prescribed by the director if the agency has or acquires furniture, equipment or other personal property which that is fifty or more years of age or of known historical interest, including property escheated to the state under title 12, chapter 7, article 5.
B. The director may authorize a person to inspect the personal property reported under subsection A and recommend to the state library whether the personal property is of an historic interest or value as would in the public interest require it to be made available permanently for placement on public display in any restored executive, legislative or judicial facility or museum area.
C. If the state library determines the personal property should be made available for display purposes it shall provide written notice to the agency requesting prompt transfer of the personal property to the state library.
D. An agency may apply to the board secretary of state for an exemption from the transfer required under subsection C by filing a prompt written response to the board stating:
1. The length of time the agency has used the personal property.
2. Why the value of the personal property to the agency is greater than the educational and historic value in displaying the personal property.
3. What harm the agency would suffer if the personal property is transferred to the department.
4. That the use of federal monies in the initial acquisition of the personal property legally precludes its transfer to the board state library.
E. The board secretary of state shall grant an exemption to a requested property transfer if it the secretary of state finds that the transfer of the property would result in significant cost or disruption to the agency which that would outweigh the educational and historic value in displaying the property.
F. For the purposes of this section, "agency" means any branch, department, commission, board or other unit of the state organization which that receives, disburses or expends state monies or incurs obligations against this state.
Sec. 23. Section 42-6006, Arizona Revised Statutes, is amended to read:
42-6006. Municipal elections on tax issues
A. A city or town may submit any issue relating to a transaction privilege tax, sales, use, franchise or other similar tax or fee, however denominated, to the qualified electors of the city or town at any regular or special municipal election, and may spend public monies of the city or town to cover the expenses of the election on that issue.
B. Beginning July 1, 2009 through June 30, 2012, a municipality shall not impose an increased tax rate that is levied on construction contracting unless the tax is approved by a majority of the registered voters voting on the matter in an election held on a day prescribed by section 16-204. This subsection does not apply to any transaction privilege tax rate that is adopted before June 1, 2009.
Sec. 24. Section 48-6203, Arizona Revised Statutes, is amended to read:
48-6203. Board of directors
A. The district is governed by a board of directors consisting of the following members:
1. Two members of the board of supervisors of the county establishing the district, elected by the board of supervisors.
2. 1. Two members of the governing body of the more populous of the two cities establishing the district, elected by the governing body.
3. 2. One member of the governing body of the less populous of the two cities establishing the district, elected by the governing body.
3. One member of the general public who resides in Apache, Coconino, Mohave, Navajo or Yavapai county, appointed by the speaker of the house of representatives.
4. One member of the general public who resides in Maricopa county, appointed by the president of the senate.
B. Members of the board of directors who also serve on the governing body of a city establishing the district serve during their terms of office on the governing body of the county or city, unless a successor is earlier elected by the respective governing body to replace the member for any reason. Other members of the board of directors shall serve four year terms.
C. Members are not eligible for compensation for service on the board of directors."
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"Sec. 38. Telecommunications program office; contract; rebid
The telecommunications program office established pursuant to section 41-712, Arizona Revised Statutes, shall rebid the current contract in effect until January, 2012 to reduce the cost to this state by ensuring that the bundled phone price, commonly known as the seat price, paid to the primary contractor includes all operational costs and all costs related to infrastructure and service requirements for building a statewide converged network pursuant to the government information technology agency target architecture. The new contract shall be a full service contract effective on or before September 30, 2009.
Sec. 39. Current employees of the secretary of state; purchase of telephone system
A. Any person who is employed on the effective date of this act by the secretary of state in a position that is subject to title 41, chapter 4, articles 5 and 6, Arizona Revised Statutes, continues to be subject to title 41, chapter 4, articles 5 and 6, Arizona Revised Statutes.
B. Subject to legislative appropriation, the secretary of state may purchase a voice over internet protocol system for use by the department of state to replace the department's existing telephone system.
Sec. 40. Department of administration; sale or lease of certain state property; review; deposit of monies
A. The department of administration shall sell or lease to the highest and best bidder at a public auction held for that purpose the state property located at 14 N. 18th avenue, Phoenix, Arizona. The sale or lease shall include the building and appurtenant land, personal property and other improvements required for the operation of the property. The property is subject to two current independent appraisals and an independent title search before the property is offered for sale.
B. Sale or lease of the property shall begin as soon as possible after the effective date of this act and shall be completed before July 1, 2010.
C. The sale or lease is subject to review by the joint committee on capital review.
D. All proceeds of the sale or lease shall be deposited, pursuant to sections 35‑146 and 35‑147, Arizona Revised Statutes, in the state general fund.
Sec. 41. State library; transfer
All personnel, property, records and appropriated monies remaining unspent and unencumbered of the Arizona state library, archives and public records are transferred to the secretary of state and may be used for the purposes of this act.
Sec. 42. Modification of patent and deed restrictions
In reference to the lands described as the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter and the North Half of the North Half and the Southwest Quarter of the Northwest Quarter and the North Half of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Southeast Quarter of the Northwest Quarter and the North Half of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of section 36, Township 4 North, Range 3 East, G&SRB&M, Maricopa County, Arizona, containing 340 acres, more or less, the state land commissioner, on application of the patentee, shall waive the patent restrictions on the property.
Sec. 43. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the forty‑ninth legislature, second regular session."
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