Bill Text: AZ HB2570 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Political subdivisions; proceedings; governing bodies
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-04-12 - Senate third reading FAILED voting: (9-21-0-0) [HB2570 Detail]
Download: Arizona-2012-HB2570-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2570 |
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AN ACT
amending title 1, Arizona Revised Statutes, by adding chapter 7; amending section 9-835, Arizona Revised Statutes; relating to proceedings of governing bodies of counties, cities and towns.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
PROCEEDINGS OF GOVERNING BODIES
ARTICLE 1. GENERAL PROVISIONS
1-701. Counties, cities or towns; enactment of laws; public notices; statewide concern; standing to sue
A. Notwithstanding any other law, a county, city or town shall not enact, amend or repeal an ordinance or other enactment having the force of law and having general applicability unless:
1. The final proposed ordinance or amendment or repeal of an ordinance or other enactment having the force of law and having general applicability is posted on the website of the county, city or town at least seven days before the governing body is scheduled to act on the matter. For a city or town without a website, the information shall be posted at the place where all other public notices are posted for the city or town.
2. If the governing body delegates that a committee of the governing body consider a proposed ordinance or other enactment having the force of law and having general applicability or the amendment or repeal of an ordinance or other enactment having the force of law and having general applicability to recommend a course of action to be taken by the governing body, the proposed ordinance or other enactment having the force of law and having general applicability or the amendment or repeal of an ordinance or other enactment having the force of law and having general applicability is posted on the website of the county, city or town at least seven days before the committee is scheduled to consider the matter.
3. The posted agenda provides sufficient information to accomplish the public policy of this state as prescribed by section 38‑431.09.
B. This section does not apply to an ordinance, rule, regulation or measure relating to the approval of contracts or bids for the purchase of goods or outside services for the county, city or town.
c. This section does not apply to ministerial or administrative actions taken by a county, city or town or to ordinances in a zoning proceeding that has been subject to a prior public hearing review by a planning and zoning commission in the county, city or town.
d. Notwithstanding this section, a county, city or town may enact an emergency ordinance or other enactment having the force of law and having general applicability if at the time of the adoption of the emergency ordinance or other enactment having the force of law and having general applicability the county, city or town makes a specific finding of the actual emergency requiring the adoption of the ordinance or other enactment having the force of law and having general applicability and records the reasons for and the exact nature of the emergency in the minutes of the meeting at which the emergency ordinance or other enactment having the force of law and having general applicability was adopted. An ordinance adopted pursuant to this subsection without posting at least seven days before adoption expires ninety days after it is adopted. A county, city or town may adopt a new ordinance or other enactment having the force of law and having general applicability in the place of the emergency ordinance or other enactment having the force of law and having general applicability to take effect on the expiration of the emergency ordinance or other enactment having the force of law and having general applicability if the new ordinance or other enactment having the force of law and having general applicability is adopted pursuant to this section.
E. Any ordinance or other enactment having the force of law and having general applicability enacted in violation of this section is against the public policy of this state and is illegal, unlawful, void and has no effect.
F. The enactment of legislation having the force of law is a matter of statewide concern. The regulation of the enactment of ENACTMENTS having the force of law and general applicability pursuant to this section is not subject to further regulation by a county, city or town with provisions for posting notice less stringent than the requirements of this section.
G. the county attorney for the county in which an alleged violation of this section occurred, the state attorney general, any taxpaying resident of the city, town or county in which the alleged violation occurred or an affected person in this state has legal standing in superior court to file an appropriate action at law or equity to declare void and enjoin any ordinance or other form of legislation that violates this section or otherwise to file an appropriate action at law or equity to compel compliance with this section. In any court challenge to the validity of this section, a taxpaying resident of the city, town or county in which the alleged violation occurred or an affected person in this state has standing to intervene.
1-702. Contract or memorandum of understanding involving wages or benefits; posting; public comment
Notwithstanding any other law, a county, city or town shall not take action on any proposed contract or memorandum of understanding that impacts employee wages or benefits unless the final proposed contract or memorandum of understanding is posted on the governing body's website at least thirty days before the governing body is scheduled to act on the matter. During the thirty-day period, the county, city or town shall provide for public comment on the proposed contract or memorandum of understanding. The county, city or town shall provide all public comments to the governing body before the consideration or adoption of the contract or memorandum of understanding. If a county, city or town governing body adopts a contract or memorandum of understanding pursuant to this section, the contract or memorandum of understanding shall be published on the county, city or town's website no later than forty‑eight hours after adoption. This section shall not be construed to compel any employee wage or benefit negotiations.
Sec. 2. Section 9-835, Arizona Revised Statutes, is amended to read:
9-835. Licensing time frames; compliance; consequence for failure to comply with time frame; exception
A. For any new ordinance or code requiring a license, a municipality shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.
B. On or before December 31, 2012, a municipality that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Municipalities shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.
C. In establishing time frames, municipalities shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the municipality.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the municipality and the regulated community.
8. Increased municipal flexibility in structuring the licensing process and personnel including:
(a) Adult businesses and other licenses that are related to the first amendment.
(b) Master planned communities.
(c) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other nonmunicipal licenses or to participate in meetings as required by law.
D. A municipality shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic notice of administrative completeness or deficiencies.
E. If a municipality determines that an application for a license is not administratively complete, the municipality shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D. If the municipality issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the municipality receives the missing information from the applicant. The municipality may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the municipality, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.
F. If a municipality does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a municipality issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the municipality.
G. During the substantive review time frame, a municipality may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic request for additional information. The municipality and applicant may mutually agree in writing or electronically to allow the municipality to submit supplemental requests for additional information. If a municipality issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality receives the additional information from the applicant.
H. By mutual written or electronic agreement, a municipality and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
I. Unless a municipality and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection H, a municipality shall issue a written or electronic notice granting or denying a license to an applicant. If a municipality denies an application for a license, the municipality shall include in the written or electronic notice at least the following information:
1. Justification for the denial with references to the statutes, ordinances, codes or substantive policy statements on which the denial is based.
2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a municipal contact person who can answer questions regarding the appeals process.
J. If a municipality does not issue the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The municipality shall continue to process the application. Notwithstanding any other statute, the municipality shall make the refund from the fund in which the application fees were originally deposited.
K. This section does not apply to licenses a license that is issued within seven working days after receipt of the initial application or a permit that expire expires within twenty‑one working days after issuance.
