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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
public safety; residency requirements; prohibition
Purpose
Prohibits cities, towns, counties and fire districts from placing any residency requirements on firefighters or peace officers as a condition of employment.
Background
Cities and towns are governed by city and town councils, and counties are governed by a county Board of Supervisors (BOS), in addition to other elected county officers. City and town councils and county BOS are charged with several powers and duties relating to overseeing city, town and county planning and operations (A.R.S. §§ 9-274; 9-276; and 11-251). A candidate for a city or town council must be a resident of the city or town for at least one year before election as a councilmember (A.R.S. § 9-232). In order to be eligible for an elected or appointed county office, including a county BOS and county sheriff, a person must be a resident of Arizona and an elector of the county or precinct in which the duties of the office are exercised (A.R.S. § 11-402). Additionally, a county sheriff, superior court judge, treasurer, clerk of the county BOS, assessor, attorney, recorder, school superintendent and public defender must be a resident of the county (A.R.S. § 11‑404).
Fire
districts are governed by a fire district board which is charged with powers
and duties including holding monthly public meetings, determining compensation
for fire district personnel, employing personnel and providing services deemed
necessary for fire protection (A.R.S.
§ 48-805).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits cities, towns, counties and fire districts from placing any residency requirements on firefighters or peace officers as a term of their employment.
2. Defines firefighter and peace officer.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Applies residency requirement prohibitions to fire districts.
2. Prohibits cities, towns and counties from imposing any residency requirement on a firefighter or peace officer as a condition of employment, rather than prohibiting a requirement that the firefighter or peace officer reside within the city, town or county.
3. Modifies the definition of peace officer to include deputy sheriffs, rather than sheriffs.
4. Makes technical changes.
Senate Action
GOV 2/11/19 DPA 6-1-0
Prepared by Senate Research
February 12, 2019
MH/FLF/gs