ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: LARA DP 9-2-0-0

HB 2760: military installation fund; property conveyance.

Sponsor:  Representative Dunn, LD 13

Caucus & COW

Overview

Allows the Arizona Department of Emergency and Military Affairs (DEMA) to sell, convey, lease or sublease any property, related infrastructure or improvement acquired for the preservation or enhancement of military installations.

History

Laws 1972, Chapter 192 established DEMA with responsibilities over military affairs in Arizona. An Adjutant General is required to serve as the head of the Department. Laws 2004, Chapter 235 established the Military Affairs Commission (Commission) and the Military Installation Fund (Fund). The Fund's purpose is to provide Arizona with a source of monies for military installation preservation and enhancement projects. It is administered by DEMA and its monies are awarded by the Commission based on certain criteria. Fund awards must be distributed as follows:

1)   80% of Fund grants are required to be used for the acquisition of private property, real estate, property rights and related infrastructure to preserve, support or enhance a military installation; and

2)   20% of Fund grants are required to be awarded to cities, towns and counties for military installation preservation and enhancement projects (A.R.S §§ 26-261, 26-262).

Pursuant to A.R.S. § 28-8481, zoning and development standards in high noise or accident potential zone for territory in the vicinity of a military airport or ancillary military facility are outlined. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility that includes property in a high noise or accident potential zone is required to adopt comprehensive plans. The plans must assure development compatible with the high noise and accident potential generated by military airport and ancillary military facility operations that have or may have an adverse effect on public health and safety.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NotePermits DEMA to sell or otherwise dispose of any real estate, property rights and related infrastructure acquired to preserve or enhance military installations. (Sec. 1)

2.   Allows DEMA, after establishing, laying out or substantially completing an improvement to real property, to convey the real property or any interest in the real property determined to be unnecessary. (Sec. 1)

3.   Requires the conveyance of real property, property rights, related infrastructure or improvement to real property to be made to the highest and most responsible bidder at a public sale. (Sec. 1)

4.   Permits DEMA to lease or sublease at fair rental value any real estate or related infrastructure that Is acquired to preserve or enhance military installations. (Sec. 1)

5.   Exempts the lease or sublease of any real estate or related infrastructure from prohibitions against state competition with private enterprise. (Sec. 1, 2)

6.   Requires DEMA, before any conveyance, lease or sublease, to ensure the use or development of any real estate, property rights, infrastructure or improvement comply with development compatibility standards for high noise or accident potential zones. (Sec. 1)

7.   Allows monies received from the sale, conveyance, lease or sublease of acquired property to be used for the preservation and enhancement of military missions and installments in Arizona. (Sec. 1)

8.   Makes conforming changes. (Sec. 1)

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12.                    HB 2760

13.  Initials PAB/AG     Page 0 Caucus & COW

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