ARIZONA
HOUSE OF REPRESENTATIVES
|
HB 2469: fire district consolidation, merger |
||
|
PRIME SPONSOR: Representative Cobb, LD 5 BILL STATUS: Senate Engrossed
|
|
|
Modifies the procedure for merging and
consolidating fire districts.
History
A fire districts' board is required to hold public meetings once a month, determine the compensation payable to district personnel and require that probationary employees in a paid sworn firefighter position, a reserve firefighter position or a volunteer firefighter position to submit a full set of fingerprints to the fire district or to the joint powers authority.
Fire districts are permitted to employ any personnel and provide services deemed necessary for fire protection, for preservation of life and for carrying out its other powers and duties, including providing ambulance transportation services when authorized to do so pursuant to statute. Additionally, fire districts may construct, purchase, lease, lease-purchase or otherwise acquire apparatus, water and rescue equipment or land, buildings, equipment and furnishings to house equipment and personnel necessary or appropriate to carry out its purposes. Fire districts are also allowed to enforce, amend and revise the fire code of the district, contract with a city or town for fire protection services and procure the services of an organized private fire company or department of a neighboring city, town, district or settlement (A.R.S. § 48-805).
Two or more fire districts may merge if the governing body of each affected fire district, by a majority vote, 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 districts and would promote public health, comfort, convenience, necessity or welfare (A.R.S. § 48-820). A fire district may consolidate with one or more fire districts if 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 and 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 (A.R.S. § 48-822).
Provisions
Merging Two or More Fire Districts
1. States that the information of a proposed merger of two or more fire districts must be posted on each affected fire district's website. (Sec. 3)
2. Stipulates that the type of map that must be included with the merger information posted to the fire districts' website is a general map. (Sec. 3)
3. Allows the chairman of the County Board of Supervisors (Board) to submit written comments to the governing body of each fire district regarding the review of the proposed merger. (Sec. 3)
4. Includes public safety as a condition that each governing body shall consider if the proposed merger will promote. (Sec. 3)
5. Requires the affected district with the largest assessed valuation as of the date of the adoption of the earliest resolution that calls for the merger to immediately upon approval call for a joint meeting of all governing bodies affected by the merger. (Sec. 3)
6. States that if a merger affects only two fire districts, then the fire district with the largest assessed valuation shall appoint three members to the governing body of the newly merged district and the district with the lesser assessed valuation shall appoint two members. (Sec. 3)
7. Allows the appointed governing body to take any action necessary to prevent interruption of fire protection and emergency medical services delivery. (Sec. 3)
8. Allows the merged districts to temporarily function independently for the purposes of preventing service delivery interruption, the transition of personnel and the transferring of assets and liabilities. (Sec. 3)
9. Stipulates that the resolution and names of the new board members for the newly merged district must be sent to the Board and affected districts immediately upon the adoption of the resolution. (Sec. 3)
10. Removes language stating that the merger is stayed until the expiration of any time for appeal after the issuance of a final order denying the challenge of the merger. (Sec. 3)
11. Includes the condition that if the newly merged district includes one or more districts that participated in the joint powers authority and is authorized to operate an ambulance service then the name of the ambulance service shall be changed by the director of the Department of Health Services to the name of the newly merged district. (Sec. 3)
12. Stipulates that the most recent edition of the fire code adopted by the affected districts shall be the fire code of the newly merged district. (Sec. 3)
13. Authorizes the governing bodies of the affected districts to approve a merger by a majority vote of each affected district's governing body. (Sec. 3)
a. An affected district has obtained a study of merger, consolidation or joint operating alternatives as required by statute.
b. An affected district's tax rate is at or above the maximum allowable tax rate prescribed in statute. (Sec. 3)
15. Specifies that for the purposes of transition, the districts affected by the merger may continue to operate temporarily under the authority of the appointed governing body of the newly merged district. (Sec. 4)
Consolidating One or More Fire Districts
16. States that the information of a proposed consolidation of two or more fire districts must be posted on each affected fire district's website. (Sec. 5)
17. Includes public safety as a condition that each governing body shall consider if the proposed consolidation will promote. (Sec. 5)
18. Stipulates that the type of map that must be included with the consolidation information posted to the fire districts' website is a general map. (Sec. 5)
19. Allows the chairman of the Board to submit written comments to the governing body of each fire district regarding the review of the proposed consolidation. (Sec. 5)
20. Allows the district requesting consolidation to be temporarily operated by the consolidated district governing board for the purposes of preventing service delivery interruption, the transition of personnel and the transferring of assets and liabilities. (Sec. 5)
21. Specifies that the district by operation of law is the continuation of the existing district into which consolidation was requested. (Sec. 5)
22. Removes language that authorizes a newly consolidated district of 50,000 persons or more to appoint an additional two members to the governing board until the next general election. (Sec. 5)
23. Repeals the language which authorizes the governing body of the newly consolidated district to, by resolution, declare the name of the newly consolidated fire district. (Sec. 5)
24. Requires the governing body of the proposed consolidated district, which would include property located in the incorporated city or town, to provide notice to the city or town of the proposed consolidation and must consider comments of the city or town council concerning the proposed consolidation in the hearing prescribed in statute. (Sec. 5)
25. Authorizes the governing bodies of the affected districts to approve a merger by a majority vote of each affected district's governing body. (Sec. 5)
26. Specifies that an election is not required to decide whether to merge fire districts if the following conditions are met:
a. An affected district has obtained a study of merger, consolidation or joint operating alternatives as required by statute.
b. An affected district's tax rate is at or above the maximum allowable tax rate prescribed in statute. (Sec. 5)
27. States that all equipment, assets and liabilities of the affected districts that have requested consolidation shall become the property of the consolidated fire district. (Sec. 6)
28. Specifies that all assets and liabilities and all books and records belonging to the fire fighters' relief and pension fund of the fire districts that requested consolidation shall be transferred to and become the property of the consolidated district. (Sec. 6)
29. Allows the district that requested consolidation to continue to temporarily operate under the authority of the consolidated district for the purposes of transition. (Sec. 6)
Miscellaneous
30. Requires all current and prospective employees and volunteers of a fire district to submit a full set of fingerprints to the fire authority, fire and medical authority or fire and ambulance authority. (Sec. 1, 2)
31. Stipulates that the joint powers authority, fire authority, fire and medical authority or fire and ambulance authority shall submit the fingerprints to the Department of Public Safety. (Sec. 2)
32. Makes technical and conforming changes. (Sec. 1, 3, 4, 5, 6)
Senate Amendments
1. Makes a technical change (Rules Committee).
---------- DOCUMENT FOOTER ---------
Fifty-fourth Legislature HB 2469
First Regular Session Version 4: Senate Engrossed
---------- DOCUMENT FOOTER ---------