Bill Text: AZ HB2218 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Fire district reorganization elections
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-30 - Chapter 260 [HB2218 Detail]
Download: Arizona-2014-HB2218-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2218 |
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AN ACT
amending sections 48-802, 48-816 and 48-820, Arizona Revised Statutes; relating to fire districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-802, Arizona Revised Statutes, is amended to read:
48-802. Election procedures
A. All elections held pursuant to this article shall conform to the requirements of this section.
B. Except as otherwise provided in this article, the manner of conducting and voting at an election, contesting an election, keeping poll lists, canvassing votes and certifying returns shall be the same, as nearly as practicable, as in elections for county officers. If the fire district is administered by a board, After consultation with the officer in charge of elections, a fire district may divide itself into precincts. To the extent practicable, the precincts shall be equal or as nearly equal in population and shall conform to the boundaries of precincts adopted by the board of supervisors of the county. The fire district shall thereafter conduct its elections using those precincts.
C. No person may vote at the election other than a qualified elector of this state who has registered to vote at least twenty‑nine days before the election as a resident within the district boundaries, proposed district boundaries created by the merger of fire districts or the proposed district boundaries created by a consolidated district. A person offering to vote at a fire district election for which no fire district register has been supplied shall sign an affidavit stating the person's address and the fire district in which the person resides and swearing the person is qualified to vote and has not voted at the fire district election being held. A person offering to vote at a fire district election for which a fire district register has been supplied shall proceed as required for voting at any election at which precinct registers are used.
D. In elections for an elected chief and secretary‑treasurer or district board members:
1. The person or persons within the district or precinct, as applicable, receiving the highest number of votes shall be declared elected.
2. Candidates must be, and during incumbency must remain, qualified electors of the fire district. In a fire district that is divided into precincts as prescribed by subsection B of this section, candidates shall be qualified electors of the precinct in which they are candidates and during incumbency must remain qualified electors of that precinct.
3. Elections, other than special elections to fill a vacancy or elections to merge or dissolve fire districts, shall be held on the first Tuesday after the first Monday in November of the first even numbered year following the year the district is declared organized by the board of supervisors and, in the case of a fire district administered by a district board, every two years thereafter on the first Tuesday after the first Monday in November. Elections shall be held every four years thereafter in districts administered by an elected chief.
4. Except for an election to reorganize a fire district, nominating petitions shall be filed with the board of supervisors as prescribed by title 16, chapter 3. If only one person files or no person files a nominating petition for an election to fill a position on the district board or the position of elected fire chief or elected secretary‑treasurer for which the term of office is to expire, the board of supervisors may cancel the election for that position and appoint the person who filed the nominating petition to fill the position. If no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for those offices and those offices are deemed vacant and shall be filled as otherwise provided by law. A person who is appointed pursuant to this paragraph is fully vested with the powers and duties of the office as if elected to that office.
5. Except for a district organized pursuant to article 3 of this chapter, For an election to reorganize a fire district, any person seeking election to the governing body that would be formed or expanded if the reorganization is approved shall comply with the nomination requirements for a candidate as prescribed by title 16, chapter 3, including filing a nomination paper and nomination petition to appear as a candidate on the reorganization election ballot.
5. 6. The names of all nominated persons for office within the district or precinct, as applicable, shall appear on the ballot without partisan designation.
E. In an election to reorganize, notice of the appropriate order of the board of supervisors or governing body of the district shall be given as prescribed by title 16, chapter 2.
F. In an election to merge fire districts, notice of the appropriate order of the board of supervisors shall be given as prescribed by title 16, chapter 2. In addition, notice of the election with an accurate map of the territory proposed to be merged shall be sent by first class mail to each owner of property that would be subject to taxation by the merged district at least sixty days before the election. An order to hold an election shall be issued not more than thirty days after the receipt of the resolution to merge fire districts pursuant to section 48‑820.
G. In an election to consolidate fire districts, notice of the appropriate order of the board of supervisors shall be given as prescribed by title 16, chapter 2. In addition, notice of the election with an accurate map of the territory proposed to be consolidated shall be sent by first class mail to each owner of property that would be subject to taxation by the consolidated district at least sixty days before the election. An order to hold an election shall be issued not more than thirty days after the receipt of the resolution to consolidate fire districts pursuant to section 48‑822.
Sec. 2. Section 48-816, Arizona Revised Statutes, is amended to read:
48-816. Election to reorganize district
A. The board of supervisors shall make an order calling an election to decide whether to reorganize a fire district administered by an elected chief as a district administered by a district board, pursuant to section 48‑803, or to reorganize a fire district administered by a district board as a district administered by an elected chief, pursuant to section 48‑804, when a petition containing signatures of twenty-five per cent of the qualified electors residing within the district and praying that the district be reorganized is filed with the board except the board of supervisors shall not make an order calling for a reorganization election more frequently than once every two years. The election may be held on any consolidated election date as prescribed in section 16-204. The board of supervisors shall give as prescribed in this section and shall give notice of the election in the same manner provided for in section 48-806 for bond elections.
B. The words appearing on the ballot shall be "reorganize as a fire district administered by (insert elected chief or district board, as specified)--yes", "reorganize as fire district administered by (insert elected chief or district board, as specified)--no". The ballots shall also allow each elector to indicate the elector's choice for elected chief and secretary-treasurer or board members, as appropriate, in the event of reorganization.
C. Within fourteen days after the election, the board of supervisors shall meet and canvass the returns and if it is determined that a majority of the votes cast at the election was in favor of reorganizing the fire district, the board shall enter that fact on its minutes, declare the district duly reorganized and announce the names of those elected to the district board or as chief and secretary-treasurer.
D. B. The board of supervisors shall make an order calling an election to decide whether to reorganize a fire district that has a three‑member board consisting of three members as a fire district that has a five‑member board consisting of five members when a petition containing the signatures of twenty‑five per cent of the qualified electors residing within the district and praying that the district be reorganized is filed with the board except the board of supervisors shall not make an order calling for a reorganization election to expand the number of directors on the district board more frequently than once every two years.
E. C. Except for a district organized pursuant to article 3 of this chapter, for an election called to determine whether to expand the number of directors as prescribed in subsection b of this section, the words appearing on the ballot shall be "reorganize as a fire district administered by a five member board--yes", "reorganize as a fire district administered by a five member board--no". The ballots shall also allow each elector to indicate the elector's choices provide as a separate race the names of persons who properly filed for nomination as prescribed in section 48-802 as candidates for the two additional offices of board members in the event of member if the reorganization were to be approved at that election.
F. D. Within fourteen At least six days but not more than twenty days after the election, the board of supervisors shall meet and canvass the returns, and if it is determined that a majority of the votes cast at the election was in favor of reorganizing the fire district as a district with a five member board, the board shall enter that fact on its minutes, declare the district duly reorganized and announce the names of those elected to the district board.
E. For a district organized pursuant to article 3 of this chapter, the words appearing on the ballot shall be "reorganize as a fire district administered by a five member board--yes", "reorganize as a fire district administered by a five member board--no". The ballots shall also allow each elector to indicate the elector's choices for two additional board members in the event of reorganization.
F. Within fourteen days after the election prescribed by subsection e of this section, the board of supervisors shall meet and canvass the returns, and if it is determined that a majority of the votes cast at the election was in favor of reorganizing the fire district as a district with a five member board, the board shall enter that fact on its minutes, declare the district duly reorganized and announce the names of those elected to the district board.
Sec. 3. Section 48-820, Arizona Revised Statutes, is amended to read:
48-820. Election to merge fire districts; notice; hearing; approval; joint meeting; merged district board
A. Except as provided in subsection J K of this section, the board of supervisors shall make an order calling for an election to decide whether to merge fire districts when a resolution for merger from each district is submitted to the board. The board of supervisors shall not make an order calling for an election to merge fire districts more frequently than once every two years. Whether or not the districts are merged, the fire districts shall reimburse the counties for the expenses of the election, including the cost of mailing any notices required pursuant to this section. If the proposed district is located in more than one county, the resolutions shall be submitted to the board of supervisors of the county in which the majority of the assessed valuation of the proposed district is located. The words appearing on the ballot shall be "(insert fire districts' names) merge as a fire district‑‑yes" and "(insert fire districts' names) merge as fire district‑‑no."
B. Within fourteen except for a district organized pursuant to article 3 of this chapter, at least six days but not more than twenty days after the election, the board of supervisors shall meet and canvass the returns, and if it is determined that a majority of the votes cast at the election in each of the affected districts is in favor of merging the fire districts, the board shall enter that fact on its minutes.
C. For a district organized pursuant to article 3 of this chapter, within fourteen days after the election, the board of supervisors shall meet and canvass the returns, and if it is determined that a majority of the votes cast at the election in each of the affected districts is in favor of merging the fire districts, the board shall enter the fact on its minutes.
C. D. Except as prescribed in subsection D E of this section, two or more fire districts may merge if the governing body of each affected fire district, by a majority vote of the members of each governing body, adopts a resolution declaring that a merger be considered and a public hearing be held to determine if a merger would be in the best interests of the district and would promote public health, comfort, convenience, necessity or welfare. After each district adopts such a resolution, the governing body by first class mail shall send written notice of the resolution, its purpose and notice of the day, hour and place of a hearing on the proposed merger to each owner of taxable property within the boundaries of the district. The notice shall contain the name and description of the boundaries of each district proposed to be merged and a detailed, accurate map of the area to be included in the merger. The notice also shall contain an estimate of the assessed value of the merged district, the estimated change in property tax liability for a typical resident of the proposed merged district and a list of the benefits and injuries that may result from the proposed merged district. No new territory may be included as a result of the merger.
D. E. A noncontiguous county island fire district formed pursuant to section 48‑851 shall not merge with a fire district formed pursuant to section 48‑261.
E. F. The clerk of the governing body shall post notice in at least three conspicuous public places in the district and shall also publish notice twice in a daily newspaper of general circulation in the county in which the district is located, at least ten days before the public hearing. The clerk of each governing body affected by the proposed merger shall also mail notice and a copy of the resolution in support of considering the merger to the chairman of the board of supervisors of the county or counties in which the affected districts are located. The chairman of the board of supervisors shall order a review of the proposed merger and shall submit written comments to the governing body of each fire district located in that county within ten days after receipt of the notice.
F. G. At the hearing, each governing body of the district shall consider the comments of the board of supervisors, hear those persons who appear for or against the proposed merger and determine whether the proposed merger will promote public health, comfort, convenience, necessity or welfare. If, after the public hearing each of the governing bodies of the districts affected by the proposed merger adopt a resolution by a majority vote that the merger will promote public health, comfort, convenience, necessity or welfare, each of the governing bodies of the districts affected by the proposed merger shall submit to the board of supervisors the resolutions that call for an election.
G. H. Before considering any resolution of merger pursuant to this section, a governing body shall obtain written consent to the merger from any single taxpayer residing within each of the affected districts who owns thirty per cent or more of the net assessed valuation of the total net assessed valuation of the district. If written consent contemplated by this subsection is not obtained, subsections A and B apply, and the merger may only be accomplished by election.
H. I. If the merger is approved as provided by subsection B or J K of this section, within thirty DAYS after the approval, the governing body of the affected district with the largest population within thirty days shall call a joint meeting of the governing bodies of all of the affected districts. At the joint meeting, a majority of the members of the governing body of each affected district constitutes a quorum for the purpose of transacting business. The members of the governing body shall appoint a total of five persons from those currently serving on the governing bodies who shall complete their regular terms of office, except that no more than three of the persons appointed may serve terms that end in the same year. No more than three members shall be appointed from the same fire district board. Subsequent terms of office for district board members shall be filled by election of board members who shall be qualified electors of the merged district.
I. J. The appointed governing body shall immediately meet and organize itself and elect from its members a chairman and a clerk. The appointed board by resolution shall declare the districts merged and each affected district joined. The governing board by resolution shall declare the name of the newly merged fire district. The resolution and the names of the new board members for the newly organized district shall be sent to the board of supervisors, and the districts are merged effective thirty days after the adoption of the resolution.
J. K. If the requirements of subsection G H of this section are met and each of the governing body votes required by subsections C D and F G of this section are unanimous, the following apply:
1. The governing bodies of each district may choose to merge by unanimous resolution without an election and subsections A and B of this section do not apply.
2. The governing bodies of each district may choose to hold an election on the question of merger and subsections A and B of this section apply.
