Bill Text: AZ HB2470 | 2012 | Fiftieth Legislature 2nd Regular | Introduced


Bill Title: Municipal fire protection fee

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2012-02-14 - House GOV Committee action: Held [HB2470 Detail]

Download: Arizona-2012-HB2470-Introduced.html

 

 

 

REFERENCE TITLE: municipal fire protection fee

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2470

 

Introduced by

Representative Brophy McGee, Senator Driggs

 

 

AN ACT

 

amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑499.16; amending section 11‑496, Arizona Revised Statutes; relating to municipal fees.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-499.16, to read:

START_STATUTE9-499.16.  Municipal fire or emergency medical services fee; agreement for collection

A.  A municipality with a population of less than twenty thousand persons that does not levy and assess any amount to be raised from primary property taxation, by an ordinance or resolution in the manner prescribed by this section, may establish and collect a fire or emergency medical services fee if another municipality provides either of those services to the municipality.  The ordinance or resolution shall be effective for not more than ten years.  The municipality shall use the fees established and collected pursuant to this section solely to pay the operation and maintenance costs of providing fire or emergency medical services, and the municipality shall maintain the fees in a separate designated account.

B.  In calculating the operation and maintenance cost of providing the service, the municipality shall exclude any capital expenses.  Before the fee is adopted, the municipality shall post the operation and maintenance budget on its website and annually post the budget on its website after the fee is adopted.

C.  A municipality that establishes a fire or emergency medical services fee pursuant to this section may only increase the fee in the manner prescribed by this section.

D.  A municipality may establish a fire or emergency medical services fee or increase such a fee pursuant to this section if the municipality:

1.  Prepares a written report or supplies data that supports the establishment of the fee or an increase to the fee.  The municipality shall make a copy of the report  available to the public by filing a copy of the report in the office of the clerk of the municipality at least thirty days before the public hearing required in paragraph 2 of this subsection.

2.  Adopts a notice of intention by motion at a regular meeting of the governing body to establish the fire or emergency medical services fee or increase the fee and prescribes a date for a public hearing on the proposed imposition or increase that the municipality shall hold not less than thirty days after adoption of the notice of intention.  The municipality shall publish a copy of the notice of intention showing the date, time and place of the hearing once in a newspaper of general circulation within the boundaries of the municipality not less than twenty days before the public hearing date.

E.  After holding the public hearing, the governing body, by ordinance or resolution, may adopt the establishment of the fire or emergency medical services fee or an increase to the fee.

F.  Notwithstanding section 19-142, subsection B, the establishment of the fire or emergency medical services fee or an increase to the fee becomes effective thirty days after adoption of the ordinance or resolution by the governing body.

G.  The municipality and the county treasurer for the county in which the municipality is located may enter into an agreement for the county treasurer to collect the municipality's fire or emergency medical services fee in the manner and by the officers provided by law for the collection and enforcement of general taxes.  The municipality and the county treasurer may provide by agreement for the payment of the county treasurer's collection expenses directly related to the collection of the fee and, if so provided, the fee may include an amount for compensation of the county treasurer directly related to the collection of the fee.  The compensation received by the county treasurer pursuant to the agreement is governed by section 11‑496. END_STATUTE

Sec. 2.  Section 11-496, Arizona Revised Statutes, is amended to read:

START_STATUTE11-496.  Public records copy; proceeds of sale; agent duties; surcharge; special district assessments and fees; deposit

A.  In addition to the fee prescribed by section 39‑121.01, subsection D, paragraph 1 or section 39‑121.03, subsection A, the county treasurer may impose a surcharge of not more than twenty-five per cent of the fee charged for furnishing a copy, printout or photograph.

B.  A county treasurer who is designated as a registrar pursuant to section 35‑491 may impose a surcharge of not more than twenty‑five per cent of the average fee charged by commercial bank trust departments during the previous calendar year for discharging registrar, transfer and paying agent duties.

C.  The county treasurer may impose and collect a fee for expenses directly related to the collection of special assessments for a community facilities district pursuant to section 48‑721 and a revitalization district pursuant to section 48‑6815 and for collecting municipal fire and emergency services fees from owners of record in certain areas of the county as prescribed in section 9‑500.23 or from a municipality as prescribed in section 9‑499.16.

D.  The county treasurer shall deposit monies collected pursuant to this section in the taxpayers' information fund established by section 11‑495. END_STATUTE

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