Bill Text: AZ SB1395 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: County island fire districts
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-03-19 - House Consent Calendar March 19, 2012 @ 4:40 PM [SB1395 Detail]
Download: Arizona-2012-SB1395-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1395 |
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AN ACT
amending sections 48-851 and 48-853, Arizona Revised Statutes; relating to noncontiguous county ISLAND fire districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-851, Arizona Revised Statutes, is amended to read:
48-851. Noncontiguous county island fire district; formation; definition
A. A noncontiguous county island fire district shall be formed by the following procedures:
1. One or more persons who wish to petition for a noncontiguous county island fire district shall request and the county assessor shall provide a map and a detailed list of all property parcels that includes the assessed values of all of the county island areas that are contained within the municipal planning area of a city or other unincorporated area as prescribed in subsection E, paragraph 2 of this section.
2. Within thirty sixty days after receiving a map from the county assessor, the person shall submit a revised map that indicates those county island areas that are proposed to be included in the noncontiguous county island fire district and shall submit a district impact statement that shall contain at least the following: the names and addresses of three persons who are proposed to serve as the organizing board of the district
(a) A general description of the boundaries of the proposed district, a map of the area to be included in the district and a list of the parcels to be included in the district by assessor parcel number.
(b) An estimate of the assessed valuation within the proposed district.
(c) An estimate of the change in the property tax liability, as a result of the proposed district, of a typical resident of the proposed district.
(d) A list and explanation of benefits that will result from the proposed district.
(e) A list and explanation of the injuries that will result from the proposed district.
(f) The names, addresses and occupations of the three proposed members of the district's organizing board of directors.
(g) A description of the scope of services to be provided by the district during its first five years of operation.
3. On receipt of the revised map and the proposed organizing board's membership impact statement, the board of supervisors shall set a day for a hearing on the proposed district formation not more than sixty days from the date the map and impact statement are received.
4. The clerk of the board of supervisors shall mail, by first class mail, written notice of the statement, its purpose and notice of the day, hour and place of the hearing on the proposed district to each owner of taxable property and to each household in which a qualified elector resides within the boundaries of the proposed district. The written notice shall state the purpose of the hearing and shall state where a copy of the impact statement may be viewed or requested. The clerk of the board of supervisors shall post the notice in at least three conspicuous public places in the area of the proposed district and shall publish twice in a daily newspaper of general circulation in the area of the proposed district, at least ten days before the hearing, or, if no daily newspaper of general circulation exists in the area of the proposed district, at least twice at any time before the date of the hearing, a notice setting forth the purpose of the proposed district formation, the description of the area of the proposed district and the day, hour and place of the hearing.
5. At the hearing called pursuant to paragraph 3 of this subsection, the board of supervisors shall hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity or welfare. If the board of supervisors determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall authorize the persons proposing the district to circulate petitions as provided in this subsection. The order of the board of supervisors shall be final, but if the request to circulate petitions is denied, a subsequent request for a similar district may be refiled with the board of supervisors after six months from the date of the denial.
6. Within fifteen days after receiving the approval of the board of supervisors as prescribed by paragraph 5 of this subsection, the clerk of the board shall:
(a) determine the minimum number of signatures required for compliance with paragraph 8, subdivision (b) of this subsection. After making that determination, that number of signatures shall remain fixed, notwithstanding any subsequent changes in voter registration records.
(b) Certify whether the petition form to be used is valid and in compliance with section 48-266.
7. After receiving the approval of the board of supervisors as provided in paragraph 5 of this subsection, any adult person may circulate and present petitions to the board of supervisors of the county in which the district is located. All petitions circulated shall be returned to the board of supervisors within one year from the date of the approval of the board of supervisors pursuant to paragraph 5 of this subsection. Any petition that is returned more than one year from that date is void. On authorization of the board of supervisors to circulate petitions, the organizing board of the district established pursuant to paragraph 2 of this subsection may enter into written agreements with third parties to provide services related to the formation of the district that may include the cost of circulating petitions and associated expenses, but in no event may the cost of reimbursable expenses exceed fifteen dollars per parcel. The district shall reimburse third parties subject to the successful formation of the district and on receipt of secondary property tax revenues by the district.
8. The petitions presented pursuant to paragraph 7 of this subsection shall comply with the provisions regarding verification in section 48‑266 and shall:
(a) At all times, contain a legal general description of the boundaries of the proposed district, and a detailed, accurate the assessor's map of the proposed district and the names, addresses and occupations of the proposed members of the district's organizing board of directors. No alteration of the proposed district shall be made after receiving the approval of the board of supervisors as provided in paragraph 5 of this subsection.
(b) Be signed by more than one-half of the aggregate number of property owners in the county island areas contained in the proposed district.
9. On receipt of the petitions, the board of supervisors shall set a day, not more than thirty days from that date, for a hearing on the petition.
10. Before the hearing called pursuant to paragraph 9 of this subsection, the board of supervisors shall determine the validity of the petition signatures presented. At the hearing called pursuant to paragraph 9 of this subsection, the board of supervisors, if the petitions are valid, shall order the formation of the district. The board of supervisors shall enter its order setting forth its determination in the minutes of the meeting, not later than ten days from the day of the hearing, and a copy of the order shall be filed in the county recorder's office. The order of the board of supervisors shall be final, and the proposed district is formed thirty days after the board of supervisors votes to form the district. A decision of the board of supervisors under this subsection is subject to judicial review under title 12, chapter 7, article 6.
B. For the purpose of determining the validity of the petitions presented pursuant to subsection A, paragraph 7 of this section property held in multiple ownership shall be treated as if it had only one property owner, so that the signature of only one of the owners of property held in multiple ownership is required on the formation petition.
C. If a district is formed pursuant to this section, the cost of publication of the notice of hearing and the mailing of notices to electors and property owners and all other costs incurred by the county as a result of this section shall be a charge against the district.
D. A district organized pursuant to this section shall have an organizing board of directors to administer the affairs of the district until a duly constituted board of directors is elected as provided in this title. The organizing board shall have all the powers, duties and responsibilities of an elected board. The organizing board shall consist of the three individuals named in the petitions presented pursuant to subsection A of this section. If a vacancy occurs on the organizing board, the remaining board members shall fill the vacancy by appointing an interim member. Members of the organizing board shall serve without compensation but may be reimbursed for actual expenses incurred in performing their duties. The organizing board shall elect from its members a chairperson and a clerk. For any challenge to the formation of the district, the district board is a proper party to the challenge and any petition circulators are not proper parties.
E. For the purposes of this article, "noncontiguous county island fire district" means a district that is formed pursuant to this section in a county that has a population of at least one million five hundred thousand persons and for which either of the following applies:
1. The district consists of only noncontiguous county islands in a geographic boundary area that is contained in a municipal planning area and:
(a) Is within the boundaries of an automatic aid or mutual aid consortium in which there is no private provider of fire protection service at the time of the district's formation.
(b) Fire protection services are not funded pursuant to section 48‑807 at the time of the district's formation.
(c) There is only one fire district within the geographic area of the municipal planning area for any one city or town.
2. The district consists of only one or more noncontiguous county islands that are not contained in a municipal planning area in which the geographic boundary area of the district is surrounded by any combination of federal, state, county, municipal or fire district jurisdictional boundaries and:
(a) The area is currently served by a private fire protection service provider.
(b) Fire protection services are not funded pursuant to section 48‑807 at the time of the district's formation.
Sec. 2. Section 48-853, Arizona Revised Statutes, is amended to read:
48-853. District board; powers and duties; intergovernmental agreements; contract; administration; definition
A. A fire district formed pursuant to this article, through its board shall:
1. Hold public meetings as necessary to carry out its powers and duties but at least once every ninety days.
2. Prepare an annual budget that contains detailed estimated expenditures for each fiscal year and that clearly shows expenses of the district. The budget shall be posted in three public places and published in a newspaper of general circulation in the district twenty days before a public hearing at a meeting called by the board to adopt the budget. The budget shall be posted in a prominent location on the official website no later than seven business days after the estimates of revenues and expenses are tentatively adopted. A complete copy of the approved estimates of revenues and expenses shall be posted in a prominent location on the official website no later than seven business days after final adoption. Copies of the budget shall also be available to members of the public on written request to the district. Following the public hearing, the district board shall adopt a budget. Both the tentatively adopted estimates of revenues and expenses and the budget finally adopted under this section shall be retained and accessible in a prominent location on the official website for at least sixty months.
3. The district shall Maintain a website for the purpose of providing access to public records. The district shall post permanent public records to its website.
4. The district shall Maintain and store all permanent public records in an electronic media or digital imaging format according to standards for the storage of permanent public records established by the director of the Arizona state library, archives and public records. The director of the Arizona state library, archives and public records shall approve an acceptable electronic media or digital imaging format for the district. The county in which the district is located shall maintain an official copy of the permanent public records of the district. The copy of the permanent public records shall be provided to the county by the district annually no later than ninety days after the end of the fiscal year.
5. Require probationary employees in a paid sworn firefighter position, a reserve firefighter position or a volunteer firefighter position of a provider of fire protection and emergency medical services to submit a full set of fingerprints to the fire district. The fire district shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This paragraph does not apply to personnel that are provided to a fire district by any public or private entity that provides fire protection and emergency medical services to the fire district and that has already fully complied with fingerprint submittal requirements as otherwise provided by law.
6. 5. Appoint the fire chief of the fire service provider selected pursuant to paragraph 10 9 of this subsection, either public or private, as the fire chief for the district.
7. 6. Adopt the fire code of the municipality whose municipal planning area includes the district except that the fire district's authority to conduct inspections shall apply only to commercial and industrial properties and shall not apply to residential properties.
8. 7. Keep three copies of the applicable fire code, amendments and revisions on file for public inspection.
9. 8. Notify the county board of supervisors of the cost of providing fire protection service and emergency medical service for each household or other structure in the district if the district provides service pursuant to paragraph 10 9, subdivision (a) or (c) of this subsection.
10. 9. Act within sixty days after the formation of the district to do any of the following:
(a) If the district is formed pursuant to section 48‑851, subsection E, paragraph 1, enter into an intergovernmental agreement with a municipal provider for fire protection services for the district. A municipal provider seeking to enter into an agreement with the district formed pursuant to section 48‑851, subsection E, paragraph 1 shall make a formal expression of intent to enter into an agreement with the district within twenty‑one days of district formation.
(b) If the district is formed pursuant to section 48‑851, subsection E, paragraph 2, enter into a contract with a private fire protection service provider for a the district formed pursuant to section 48‑851, subsection E, paragraph 2. The private fire protection service provider seeking to enter into a contract with the district shall make a formal expression of intent within twenty-one days of district formation to enter into the contract with the district. If the private fire protection service provider makes a formal expression of intent to enter into a contract with the district, the provider shall have a right of first refusal to contract with the district on terms established by the district pursuant to subsection A, paragraph 8, subdivision (c) of this section paragraph.
(c) Issue a request for proposals for nonmunicipal private providers of fire protection services for the district if the current private provider fails to notify the district of its intention to enter into a contract with the district or for any contract to be awarded pursuant to subsection A, paragraph 8, subdivision (b) of this section paragraph. Notwithstanding any other law, municipal annexation shall not be undertaken during the term of any contract entered into between the district and a private fire service provider, except that in the one hundred eighty day period before the end of the contract, the municipality shall notify the residents of the opportunity to annex into the municipality. A resident shall notify the district and the municipality within ninety days before the end of the contract that the resident is annexing into the municipality and shall complete the annexation within ten days after the completion of the contract. If no district residents notify the municipality that the resident is annexing, the district may renew the contract automatically. If a resident proposes to annex into the municipality, the district shall issue a request for proposals again as prescribed in this subdivision.
(d) Before applying this subdivision, request an independent review by the county attorney of the negotiations, if any, that were conducted as prescribed in subdivision (a) of this paragraph and the request for proposals and resulting bids. After the independent review, the county attorney shall certify whether the negotiations and proposals were based on commercially reasonable assumptions. If the county attorney certifies that any one or more of the provisions are not commercially reasonable, the district and the other party to the negotiations have ten days to cure and continue negotiations before resubmitting information on the negotiations and proposals to the county attorney for certification. Notwithstanding any other law, the county attorney shall have access to sealed bids for purposes of this subdivision. The county attorney shall review and issue a certification pursuant to this subdivision within thirty days after the information and documents regarding negotiations and proposals are submitted to the county attorney. If a fire district as defined in section 48‑851, subsection E, paragraph 1 does not enter into an intergovernmental agreement pursuant to subdivision (a) of this paragraph or enter into a contract pursuant to subdivision (c) of this paragraph, the surrounding municipality shall provide fire protection and emergency medical services except for services regulated pursuant to title 36, chapter 21.1 in the district immediately on request by the district, following final certification by the county attorney. The municipality shall be compensated by the district as follows:
(i) A three person board shall set the secondary property tax rate for the district. The district shall appoint one person to the board, the surrounding municipality shall appoint one person to the board, and the two appointees shall agree on a third person for the board. If the two appointees cannot agree on a third appointee within five days after the two persons are appointed, the county board of supervisors shall appoint the third person to the board.
(ii) The three person board shall meet and set the tax rate within thirty days after the third person is appointed to the board.
(iii) The district shall levy the tax at the rate as determined by the three person board and the tax shall be collected as other property taxes are collected. On receipt of monies from the property tax levied, the district shall reimburse the county for the costs associated with the formation of the district, including administrative expenses, and shall transfer the remaining monies to the surrounding municipality.
(e) On formation and subject to the availability of funds, reimburse third parties for services rendered pursuant to section 48‑851, subsection A, paragraph 7.
11. 10. Require that any intergovernmental agreement or contract between the district and a provider of fire protection services include:
(a) A term of duration between three and five years.
(b) A provision setting forth the cost of service and performance criteria.
(c) An acknowledgment of the right of the municipality to determine the location of future infrastructure if the district is in the municipality's planning area at the time of the execution of the contract.
12. 11. If necessary, issue a request for proposals for providers of emergency medical services and enter into an intergovernmental agreement or contract with a provider of emergency medical services except for those services regulated by title 36, chapter 21.1.
13. 12. Assess and levy a secondary property tax to pay for the costs of the fire protection service or emergency medical service except for those services regulated by title 36, chapter 21.1. A secondary property tax assessed pursuant to this section is not subject to the levy limitation prescribed by section 48‑807.
14. 13. Defend, indemnify and hold harmless a municipal provider or any other provider of fire protection from and against any claims or expenses to which it may be subjected by reason of injury or death of any person or loss or damage to any property directly attributable to the provision of the services unless the services were provided in a grossly negligent manner. The fire district shall secure insurance sufficient to cover liability exposure.
B. A fire district formed pursuant to this article, through its board, may:
1. Contract for administrative staff services, if any, deemed necessary or appropriate to carry out its powers and duties, but a member of a district board shall not be an employee of the district.
2. Retain a certified public accountant to perform an annual audit of district books.
3. Retain private legal counsel.
4. Sue and be sued.
5. Accept gifts, contributions, bequests and grants and comply with any requirements of such gifts, contributions, bequests and grants not inconsistent with this article.
6. Appropriate and expend annually such monies as are necessary for the purpose of fire districts belonging to and paying dues in the Arizona fire district association and other professional affiliations or entities.
7. Expand its boundaries pursuant to the requirements of section 48‑262 to include unincorporated parcels within a city or a town's municipal planning area with the permission of the city or town.
C. The county attorney may advise and represent the district when in the county attorney's judgment such advice and representation are appropriate and not in conflict with the county attorney's duties under section 11‑532. If the county attorney is unable to advise and represent the district due to a conflict of interest, the district may retain private legal counsel or may request the attorney general to represent it, or both.
D. The chairperson and clerk of the district board or their respective designees, as applicable, shall draw warrants on the county treasurer for money required to operate the district in accordance with the budget and, as so drawn, the warrants shall be sufficient to authorize the county treasurer to pay from the fire district fund.
E. The district shall not incur any debt or liability in excess of taxes levied and to be collected and the money actually available and unencumbered at the time in the fund, except as provided in section 48‑807.
F. If a district formed under section 48‑851 agrees to provide fire and emergency medical services in a county island where a private provider of fire or emergency services already has facilities or and provides fire service, or where the private provider is the closest responding fire service provider, the district and the private provider shall enter into an agreement covering the roles and relationships regarding mutual aid or backup and any services for which the district wishes to contract and any reimbursement or billing and collection practices. The agreement shall include an allocation of THE district's property tax revenues to the municipal contractor and or the private provider based on the proportionate share of the fire services each contractor will provide to the district. The agreement shall be executed before the district begins providing service in the county island. A district may enter into an intergovernmental agreement with appropriate regional automatic aid dispatch systems. If an agreement is not reached within ninety days after the district requests the private provider to establish a plan, either party may request that the matter be arbitrated pursuant to title 12, chapter 21.
G. This section does not require a fire district or a city or town to provide fire protection or emergency medical services to an area of the county that is receiving services from a private provider, except as provided by a mutual aid or backup agreement pursuant to this section.
H. For the purposes of this article, "fire service" and "fire protection" include fire prevention, emergency medical services, and inspection of commercial or industrial property where a known code violation exists and enforcement.
