Bill Text: AZ HB2484 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced

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Bill Title: Cities; towns; state mandates; funding

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-01-25 - Referred to House GOV Committee [HB2484 Detail]

Download: Arizona-2010-HB2484-Introduced.html

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REFERENCE TITLE: cities; towns; state mandates; funding

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2484

 

Introduced by

Representatives Pancrazi, Patterson: Ableser, Campbell CH, Fleming, Young Wright

 

 

AN ACT

 

Title 35, chapter 1, article 1, Arizona Revised Statutes, by adding section 35‑104; relating to state mandates on local government.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 35, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 35‑104, to read:

START_STATUTE35‑104.  State mandates; cities and towns; applicability; definition

A.  If a city or town is required to institute a state mandate, the law or action that establishes the state mandate is not applicable to the city or town unless the legislature provides for the actual costs of instituting the state mandate by:

1.  Appropriating monies in an amount sufficient to pay for the state mandate.

2.  Prescribing new or increased revenue sources that are dedicated to paying for the state mandate.

B.  A state mandate to a city or town that the legislature fails to fully fund pursuant to subsection a is not a lawful requirement of the city or town to implement, pay for or enforce and requires no action on the part of the city or town.

C.  The funding provisions of this section do not apply to criminal laws or any other laws or administrative actions that affect all persons, public and private, as a general class of which the city or town may be a member.

D.  For the purposes of this section, "state mandate":

1.  Means a law, administrative procedure, rule or other action by an administrative body pursuant to a law to institute a new program, an increased level of service of an existing program or additional or increased personnel costs arising out of such a law, administrative procedure, rule or other action.

2.  Does not include any new mandate that is the result of any requirement of federal law or a final state or federal court order. END_STATUTE