ARIZONA HOUSE OF REPRESENTATIVES

HB 2151: joint powers; fire protection services

PRIME SPONSOR: Representative John, LD 14

BILL STATUS: Local & International Affairs

Abstract

Relating to legal entities formed by governing bodies in order to exercise certain joint powers.

Provisions

1. Permits legal entities formed by cities, towns, counties and fire districts for the purpose of jointly exercising common powers to establish any governance board or structure necessary to carry out its powers and duties.  (Sec. 1)

2. Permits entities to act with jurisdiction for fire code administration and enforcement to all parties of the agreement, so long as the authority is specified in the agreement. (Sec. 1)

3. Requires entities to be assigned a .gov identifier for its website by an applicable governmental issuer.  

4. Specifies that a fire district board that participates in an agreement to form an entity is exempt from statutory requirements to hold public meetings and produce financial reports every 30 or 60 days, and instead must do so every 90 days or as is necessary to carry out its powers. (Sec. 1)

5. Specifies that a municipality that participates in an agreement to form an entity is not subject to a limit on the duration of the agreement. (Sec. 1)

6. Makes technical and conforming changes. (Sec. 1)

Current Law

If authorized by their governing bodies, two or more public agencies may contract for services or jointly exercise certain common powers by entering into IGAs.  IGAs must specify the duration, purpose and financing method of the contract (A.R.S. § 11-958).   In addition, cities, towns, counties and fire districts may form separate legal entities for jointly exercising powers held in common by the contracting parties.  Examples of powers that may be exercised by these entities include: fire protection, emergency medical services and medical ambulance services.  The governing body of the entity is composed of officials elected to one or more of the governing bodies of the forming entity.   These legal entities are considered political subdivisions of the state and have the governmental and proprietary powers in common to the contracting parties (A.R.S. § 48-805.01).

Fire district boards are required to hold public meetings every month, unless the board consists of three members and collects less than $500,000 annually, in which case the board must meet every 60 days (A.R.S. § 48-805).  Additionally, fire districts are required to produce monthly financial reports that include information regarding checks, fund transfers, deposits and financial activities of the district (A.R.S. § 48-807).

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Fifty-third Legislature                  HB 2151

Second Regular Session                               Version 1: Local & International Affairs

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