Assigned to GOV                                                                                                          AS PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1231

public safety; residency requirements; prohibition

Purpose

            Prohibits cities, towns and fire districts from placing any residency requirements on firefighters or peace officers as a condition of employment, unless certain conditions are met.

Background

            Cities and towns are governed by city and town councils which are charged with several powers and duties relating to overseeing city and town planning and operations (A.R.S. §§ 9-274 and 9-276). 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).

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 and fire districts from placing any residency requirements on firefighters or peace officers as a term of employment.

2. Exempts cities and towns with a population of less than 5,000 from the prohibition on imposing residency requirements on peace officers.

3. Exempts executive-level firefighters and peace officers from the prohibition on city, town or fire district residency requirements.

4. Defines firefighter and peace officer.

5. 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.

Amendments Adopted by Committee of the Whole

1. Removes the prohibition on counties imposing residency requirements on firefighters and peace officers as a condition of employment.

2. Exempts cities and towns with a population of less than 5,000 from the prohibition on residency requirements for peace officers.

3. Exempts executive-level firefighters and peace officers from the prohibition on a city, town or fire district imposing residency requirements on firefighters or peace officers.

4. Makes technical and conforming changes.

Amendments Adopted by the House of Representatives

· Makes a clarifying change.

Senate Action House Action

GOV               2/11/19      DPA     6-1-0                 PS                    3/20/19      DP          6-0-1-0

3^rd Read          3/4/19                      24-6-0               3^rd Read          4/9/19                       47-10-3

Prepared by Senate Research

April 9, 2019

MH/FLF/gs