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REFERENCE TITLE: fire district advisory board |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2418 |
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Introduced by Representative Livingston
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An Act
amending title 37, chapter 9, Arizona Revised Statutes, by adding article 7; relating to the Arizona department of forestry and fire MANAGEMENT.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 9, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. FIRE DISTRICT ADVISORY BOARD
37-1441. Definitions
In this article, unless context otherwise requires:
1. "Director" means the senate-confirmed head of the Arizona department of forestry and fire management.
2. "Fire district":
(a) Means a fire district established pursuant to title 48, chapter 5, article 1 or 3 and a fire district joint powers authority formed pursuant to title 48, chapter 5.
(b) Includes the governing body of the fire district or the fire district joint powers authority and all its authorized personnel.
3. "Governing body" means the elected body, board, officer or officers or other authority having charge of the finances of the fire district.
37-1442. Fire district advisory board; members; qualifications; terms; filling vacancy; chairperson; vice chairperson
A. The fire district advisory board is established for the purpose of ensuring the effective and efficient delivery of fire suppression, rescue, emergency medical and affiliated emergency services throughout this state.
B. The fire district advisory board shall be composed of the following members:
1. Two members who are fire chiefs of fire districts. The governor shall appoint these members from a list of five members that is submitted to the governor by an association of fire districts in this state.
2. Two members who are appointed by the governor and who are selected from a list of five persons that is submitted to the governor by an association of professional firefighters in this state.
3. One member who is appointed by the speaker of the house of representatives and who has knowledge and experience in the delivery of fire and emergency medical services in unincorporated or rural communities, or both.
4. One member who is appointed by the president of the senate and who has knowledge and experience in the delivery of fire and emergency medical services in unincorporated or rural communities, or both.
5. The director of the Arizona department of forestry and fire management.
6. One nonvoting advisory member who is appointed by the governor and who has knowledge and expertise in the area of government finance and economics.
C. The terms of fire district advisory board members shall coincide with the terms of office of the appointing authority of the member. Unless otherwise specified by law, every fire district advisory board member serves at the pleasure of the authority that appointed that member. On expiration of a member's term, each fire district advisory board member shall continue to discharge the duties of the office until a successor has qualified. Any vacancy that occurs in the membership of the fire district advisory board shall be filled only for the unexpired term of the member.
D. The governor may remove members of the fire district advisory board for inefficiency, neglect of duty, malfeasance or nonfeasance in office.
E. The fire district advisory board shall annually elect a chairperson and vice chairperson from among its members.
37-1443. Fire district advisory board; powers and duties
A. The fire district advisory board shall:
1. Hold public meetings at least once every one hundred eighty days in each fiscal year.
2. Recommend to the governor and legislature general state appropriations and programs for the improvement of fire and emergency medical services in unincorporated and rural areas of the state.
3. Recommend to the governor and legislature state appropriations to fire districts for the mitigation of risk to communities located in areas designated as wildland-urban interface.
4. In conjunction with the director, identify counties and regions where critical fire sheds pose a high risk to adjacent communities and make recommendations to the governor and legislature for fire protection services and fuel mitigation projects necessary to reduce community risk.
5. Apply for and administer statewide and regional grants to improve the delivery of fire district services.
6. Annually evaluate and determine compliance with the fire district elected official and fire chief training requirements prescribed by section 48-803 and provide notice to the Attorney General for noncompliance and enforcement.
7. Annually evaluate fire district budget filings submitted to the Auditor General. The fire district advisory board may require a governing body to undertake a study of merger or consolidation as prescribed by section 48-805.02, SUBSECTION D if required by law and submit the study to the fire district advisory board.
8. Identify deficiencies in the 911 system and interoperable radio communications systems used by fire districts and recommend corrective actions to the governor and legislature.
B. The fire district advisory board may:
1. Require a fire district to complete a wildfire risk assessment and submit the completed assessment to the fire district advisory board and the director.
2. Annually evaluate and provide notice to the affected Board of Supervisors for a governing body to be expanded from three seats to five seats based on the population threshold prescribed by section 48-803, subsection A.
3. Annually evaluate and provide notice to the affected Board of Supervisors for a governing body to be expanded from three seats to five seats based on exceeding the $500,000 tax levy threshold prescribed by section 48-803, subsection H.
4. Annually review the direct tax levies and Fire District Assistance Tax amounts levied and distributed to fire districts in each county and make recommendations to the governor and legislature to remedy fire district service delivery deficiencies as necessary.
5. Require a fire district with a tax rate within ten percent of the maximum allowable rate to undertake a study of merger or consolidation pursuant to SECTIONs 48-820 and 48-822 and submit the study to the fire district advisory board.
6. Establish a procurement authority or cooperative group purchasing program or PARTICIPATE through an intergovernmental agreement with an established procurement authority or group purchasing program for the purchase of equipment and supplies necessary for the delivery of fire district services.
7. Accept gifts, grants and contributions from private individuals or foundations and from the federal government.
8. Recommend national standards and best practices for the operation of fire districts to include emergency response times for fire and emergency medical services based on population density, travel distances, community-specific fire threats and other relevant factors as determined by the fire district advisory board.
C. The Arizona department of forestry and fire management shall provide administrative support for the fire district advisory board.