Bill Text: AZ HB2167 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Sports authority; election
Spectrum: Bipartisan Bill
Status: (Passed) 2014-04-23 - Chapter 203 [HB2167 Detail]
Download: Arizona-2014-HB2167-Introduced.html
REFERENCE TITLE: sports authority; election |
State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2167 |
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Introduced by Representatives Orr, Steele
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AN ACT
amending sections 5-1102 and 5‑1103, Arizona Revised Statutes; relating to sports authority districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-1102, Arizona Revised Statutes, is amended to read:
5-1102. Formation of district; board of directors; duties
A. A sports authority district is established in each county having a population of more than five hundred thousand but less than two million persons. The boundaries of the district are the boundaries of the county.
B. The county board of supervisors shall serve as the board of directors of the district. The directors shall not receive compensation or reimbursement of expenses for their services as the board of directors.
C. The board of directors may call an election for the establishment of a sports authority district in the county as provided by section 5‑1103, subsection A.
C. D. The board of directors shall:
1. Call an election for the establishment of a sports authority in the county as provided by section 5-1103, subsection A.
2. 1. Appoint certain members of the governing board of the sports authority as provided by section 5-1103, subsection D.
3. 2. Approve a budget of the authority pursuant to section 5-1131.
4. 3. Approve the issuance of revenue bonds of the authority pursuant to article 3 of this chapter.
D. E. The district is a corporate and political body, separate and independent of this state or the county, and except as otherwise limited, modified or provided by this chapter, has all of the rights, powers and immunities of municipal corporations except to acquire real property by eminent domain. The board of directors and the district do not have the authority to levy or otherwise impose any tax or assessment, other than charges for the use of facilities owned or managed by the district. The qualified electors residing in the district may levy a tax for the fiscal needs of the authority as provided by this chapter, but the board of directors has no independent authority to impose a tax. Subject to that limitation, the district is considered to be a tax levying public improvement district for the purposes of article XIII, section 7, Constitution of Arizona.
Sec. 2. Section 5-1103, Arizona Revised Statutes, is amended to read:
5-1103. Sports authority; establishment; authority board
A. The board of directors shall may call an election of the qualified electors of the district to authorize the establishment of a sports authority within and coterminous with the boundaries of the district. The election, if held, shall be held occur on one of the next five twelve general election dates held on the first Tuesday after the first Monday in November following the establishment of the district.
B. The election ballot shall include the following questions:
1. "Shall a sports authority be established in ____ county?".
2. "Shall the sports authority district be authorized to levy and collect taxes as provided by sections 5-1133 through 5‑1137, Arizona Revised Statutes?".
3. "Shall the sports authority district issue revenue bonds to finance the construction, renovation, expansion or repair of cactus league baseball stadiums, youth sports facilities and multipurpose facilities, to be paid exclusively from revenues of the authority?".
C. The board of directors shall order the establishment of the authority on the approval of all questions by a majority of the qualified electors voting on each issue in the election. If any question is disapproved, the authority shall not be established and further proceedings under this chapter shall be terminated.
D. Members of the authority board, who must reside in the district, shall be appointed within thirty days after the formation of the district as follows:
1. One member who is appointed by the board of directors and who is selected from a list of nominees submitted by the largest industry organization or trade association, as measured by its members' gross revenues, representing hotel, motel and lodging businesses in the district.
2. One member who is appointed by the board of directors and who is selected from a list of nominees submitted by the largest industry organization or trade association, as measured by its members' gross revenues, representing restaurant businesses in the district.
3. One member who is appointed by the board of directors and who is selected from a list of nominees submitted by the largest industry organization or trade association in this state specializing in on-sale and off-sale retail liquor distribution.
4. One member who is appointed by the board of directors, who represents youth and amateur sports in the district and who is selected from a list of nominees submitted by the largest youth or amateur sports organization in the district as measured by the size of its membership.
5. One member who is appointed by the governing body of the largest city in the district, as measured by population, and who is selected from a list of nominees submitted by the largest industry organization or trade association representing automobile rental businesses in the district.
6. One member who is appointed by the governing body of the largest city in the district, as measured by population, and who is selected from a list of nominees submitted by the largest industry organization or trade association, as measured by its members' gross revenues, representing tourism businesses generally in the district.
7. One member who is appointed pursuant to subsection G of this section and who is selected from a list of nominees submitted by the largest industry organization or trade association, as measured by its members' gross revenues, representing tourism businesses generally in the district.
8. One member who is appointed pursuant to subsection G of this section and who is selected from a list of nominees submitted by the largest chamber of commerce in the city making the appointment representing retail businesses generally in the district.
9. One member who is appointed pursuant to subsection G of this section and who has substantial knowledge and experience regarding major league baseball.
10. Two additional members who are appointed by the county board of supervisors, or by any city or town, that contributes at least twenty per cent of the cost of a project pursuant to section 5-1106, subsection C if the contribution has a value of at least fifteen million dollars. Members shall be appointed pursuant to this paragraph within thirty days after the execution of a binding agreement to make a qualifying contribution.
E. The appointing entities prescribed in subsection D of this section shall receive nominations for appointment to the authority board from specified commercial interests, and shall appoint the members from the nominees. The appointing entities shall make appointments to the authority board to provide broad geographic representation among the members. The initial members shall be appointed to terms of two, three and four years, chosen by lot. All subsequent members shall be appointed to terms of four years, except for interim appointments to fill unexpired terms. A member of the board may be removed on a two-thirds vote of all members. The removal is effective immediately.
F. A member of the authority board shall not hold any elected office while serving on the board. An authority board member who takes elective office, who files nominating petitions for elective office or who is appointed to an elective office is considered to have resigned from the authority board effective immediately.
G. The appointment of the authority board member members pursuant to subsection D, paragraphs 7, 8 and 9 of this section shall be determined as follows:
1. The first appointment shall be made by the governing body of the second largest city in the district.
2. The second appointment shall be made by the governing body of the third largest city in the district.
3. Each subsequent appointment shall be made by the governing bodies of the next largest cities in the district in order of population, until governing bodies of all cities in the district have made an appointment.
4. Subsequent appointments shall repeat the sequence of appointments provided in paragraphs 1, 2 and 3 of this subsection.
5. For the purposes of this subsection, the population of cities and towns in the district shall be based on the population at the time of each appointment made by the second largest city in the district.
6. If there is a vacancy of a member of the authority board appointed pursuant to subsection D, paragraphs paragraph 7, 8 and or 9 of this section, the governing body that appointed the vacating member shall appoint a replacement for the remainder of the unexpired term.