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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
fire district consolidation, merger
Purpose
Modifies requirements for fire districts (districts) to merge or consolidate. Requires districts to require all current and prospective employees and volunteers to submit a full set of fingerprints for a state and federal criminal records check.
Background
Districts may employ personnel and provide services necessary for fire protection, preservation of life and carrying out other statutory powers and duties. Districts may require probationary employees in a paid, reserve or volunteer firefighter position to submit a full set of fingerprints to the district or a joint-powers authority formed with the district for the purpose of obtaining a state and federal criminal records check (A.R.S. § 48-805).
There are two statutory methods for districts to merge or consolidate. Two or more districts can merge if the governing body of each affected district adopts a resolution by majority vote declaring that a merger be considered at a public hearing. A district can consolidate with one or more other districts by passing a resolution requesting consolidation into another district. The requesting district must send notice of the request to the district in which consolidation is requested. After a public hearing is held by each district in a proposed district merger or consolidation, each district board may submit a resolution to the county Board of Supervisors which calls for an election on the district merger or consolidation. Alternatively, if the governing body of each affected district obtains written consent to the proposed merger or consolidation from any single taxpayer residing within each district that owns 30 percent or more of the net-assessed valuation of the district, the districts may merge or consolidate by unanimous resolution of each district board, rather than by election.
If a merger is approved, the governing body of the affected district with the largest population must call a joint meeting of the district boards for the districts to appoint five persons from those currently serving on the district boards to serve on the merged district board. The appointed merged district board must immediately meet and organize to elect a chairman and clerk. If a consolidation is approved, the governing body of the district into which consolidation is requested must declare the district consolidated by resolution. The governing board of the district into which consolidation is requested serves as the governing body for the newly-consolidated district (A.R.S. §§ 48-820 and 48-822).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
District Fingerprinting Requirements
1. Requires a district to require all current and prospective employees and volunteers, rather than probationary employees, to submit a full set of fingerprints for obtaining a state and federal criminal records check.
2. Requires fingerprints submitted by a district employee or volunteer to be submitted to any fire authority, fire and medical authority or fire and ambulance authority that is formed with the district.
3. Requires the fire authority, fire and medical authority and fire and ambulance authority to submit employee and volunteer fingerprints to the Department of Public Safety for the purpose of obtaining a state and federal criminal records check.
District Mergers and Consolidations
4. Requires information on a proposed district merger or consolidation to be posted prominently on the website of each affected district.
5. Requires information on a proposed district merger or consolidation to include a general map, rather than a detailed map, of the area included in the proposed merger.
6. Allows, rather than requires, the chairman of a county Board of Supervisors to submit written comments regarding a proposed district merger or consolidation to the governing body of each district in the county.
7.
Requires, in a proposed district merger, the governing body of the
district with the largest
net-assessed valuation, rather than largest population, to call a joint meeting
of the governing bodies of each district affected by the merger.
8. Specifies that the net-assessed valuation is determined as of the date of the adoption of the earliest resolution that calls for the district merger.
9. Requires the chairman of the largest district in a merger to call a meeting of the governing bodies of affected districts immediately after approval of the merger, rather than within 30 days of approval.
10. Deems districts legally merged immediately after adoption of a resolution merging the districts, rather than 30 days after adoption of the resolution.
11. Requires, in a district merger that affects two districts, the district with the:
a) largest net-assessed valuation to appoint three members to the merged district board; and
b) lesser net-assessed valuation to appoint two members to the merged district board.
12. Allows the merged district board to take any action necessary after a district merger to prevent interruption of fire protection and emergency medical services delivery.
13. Allows merged or consolidated districts to be temporarily operated separately under the authority of the merged or consolidated district board to:
a) prevent fire prevention and emergency medical services delivery interruption; and
b) ensure the transition of personnel and the transfer of assets and liability.
14. Removes the requirement for a district merger to be stayed if a challenge is filed within 30 days after adoption of a resolution merging the districts.
15. Requires the name of the ambulance service for a merged district to be changed administratively by the Director of the Department of Health Services if the newly-merged district includes one or more districts that:
a) participates in a joint-powers authority; and
b) is authorized to operate an ambulance service.
16. Requires the most recent edition of the fire code adopted by districts in a district merger to be the fire code of the newly-merged district.
17. Allows each of the governing bodies of districts in a proposed district merger or consolidation to approve the district merger or consolidation by majority vote and without an election, if:
a) the districts obtain a study of the merger, consolidation or joint-operating alternatives; or
b) an affected district's tax rate is at or above the maximum allowable tax rate.
18. Asserts that a consolidated district is a continuation of the previously existing district into which consolidation was requested.
19. Removes the
requirement that a consolidated district board declare the name of the
newly-consolidated district by resolution.
20. Removes the requirement that a city or town endorse the creation of any consolidated district that includes property located in the city or town, and instead requires the newly-consolidated district to:
a) provide notice of the proposed consolidation to the city or town; and
b) consider comments of the city or town council concerning the proposed district consolidation at a public hearing.
21. Removes the ability of a consolidated district board to appoint two additional board members, if certain criteria are met.
22. Requires,
after a district consolidation, the following to be transferred to the
newly-consolidated district:
a) all equipment, assets and liabilities of districts that requested consolidation; and
b) all assets and liabilities and books and records belonging to the Fire Fighters' Relief and Pension Fund of the district that requested consolidation.
Miscellaneous
23. Makes technical and conforming changes.
24. Becomes effective on the general effective date.
House Action
GOV 2/14/19 DP 5-1-0-2
3rd Read 2/27/19 29-30-1
3rd Read* 3/4/19 55-0-5
*on reconsideration
Prepared by Senate Research
March 14, 2019
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