PREFILED JAN 10 2025
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REFERENCE TITLE: subsequent AMA; voters; removal |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2089 |
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Introduced by Representatives Griffin: Diaz, Hendrix; Senators Gowan, Shamp
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An Act
amending section 45-415, Arizona Revised Statutes; relating to active management areas.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-415, Arizona Revised Statutes, is amended to read:
45-415. Local initiation for active management area; removal of subsequent active management area designation; procedures
A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by ten percent of the registered voters residing who reside within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H and subsection C of this section, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111.
B. Beginning ten years after a groundwater basin is designated as a subsequent active management area pursuant to subsection A of this section, ten percent of the registered voters who reside within the boundaries of the subsequent active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection H and subsection C of this section, may file a petition in each office of the county recorder in which the subsequent active management area is located to remove the subsequent active management area designation. The petition shall be filed within one hundred eighty days before the next general election date. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111 and be a resident of the subsequent active management area.
B. C. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin or the subsequent active management area designated pursuant to subsection A of this section, as applicable, to the county recorder of each county in which the proposed active management area or the subsequent active management area designated pursuant to subsection A of this section is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or the subsequent active management area designated pursuant to subsection A of this section cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or the subsequent active management area designated pursuant to subsection A of this section that may aid the county recorder in the determination of determining which registered voters of the county are residents of the groundwater basin or the subsequent active management area designated pursuant to subsection A of this section and are eligible voters or petitioners.
D. If a county board of supervisors receives a valid petition to remove a subsequent active management area designation pursuant to subsection B of this section, the clerk of the county board of supervisors shall immediately forward a copy and notice of the petition to the DIRECTOR. Within sixty days after receiving the petition, the director shall examine the groundwater condition in the basin and do one of the following:
1. If the director determines that the conditions for designating a groundwater basin as a subsequent active management area still exist, the director shall file an order in the county recorder's office declaring that the active management area designation is necessary, and the county board of supervisors shall cancel the election on whether to remove the subsequent active management area designation.
2. If the director determines that the active management area designation is no longer necessary, the DIRECTOR may file an order in the county recorder's office declaring that the active management area designation is not necessary. If the director files this order, or does not file an order, the county board of supervisors shall hold the election on whether to remove the subsequent active management area designation.
E. An order that is issued by the director pursuant to subsection D of this section may be appealed pursuant to title 41, chapter 6, article 10. If a party prevails on appeal, the director shall file in the office of the county recorder in which the subsequent active management area is located a new order that is consistent with the POSITION of the prevailing party, and the board of supervisors shall hold or cancel the election as prescribed in this section.
C. F. Any registered voter of a county whose residency in the groundwater basin or the subsequent active management area designated pursuant to subsection A of this section, as applicable, is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin or the subsequent active management area designated pursuant to subsection A of this section, as applicable, is not verified, the ballot shall remain unopened and shall be destroyed.
D. G. Except as provided in subsection E H of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved.
E. H. If a groundwater basin or a subsequent active management area designated pursuant to subsection A of this section, as applicable, is located in two or more counties, the following procedures apply:
1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin or the subsequent active management area resides.
2. The number of registered voters who are required to sign the petition shall be ten percent of the registered voters residing who reside within the boundaries of the proposed active management area or the subsequent active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H and subsection C of this section, within the county in which the plurality of the registered voters in the groundwater basin or the subsequent active management area resides.
3. For the purposes of an election to designate a groundwater basin as an active management area, the election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state.
4. For the purposes of an election to remove a subsequent active management area designation:
(a) Any order that is sent to a county board of supervisors with jurisdiction in a subsequent active management area shall be sent to all county boards of supervisors with jurisdiction in the subsequent active management area that is subject to the petition.
(b) The election time frame shall comply with subsection B of this section.
4. 5. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin or the subsequent active management area.
F. I. to designate a groundwater basin as an active management area pursuant to subsection A of this section, the ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no".
j. To remove a subsequent active management area designation pursuant to subsection B of this section, the ballot shall be worded, "should the subsequent active management area designation be removed from the (insert name of basin)?" followed by the words "yes" and "no".