Bill Text: AZ SB1387 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Special districts
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-04-30 - Chapter 252 E [SB1387 Detail]
Download: Arizona-2014-SB1387-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SENATE BILL 1387 |
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AN ACT
amending sections 48-803 and 48-804, 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 48-803, Arizona Revised Statutes, is amended to read:
48-803. District administered by a district board
A. In a district that the board of supervisors estimates has a population of fewer than four thousand inhabitants, the district board may consist of three or five members. In a district that the board of supervisors estimates has a population of four thousand or more inhabitants, the district board shall consist of five members, and for a noncontiguous county island fire district formed pursuant to section 48‑851, the board shall consist of five members. The estimate of population by the board of supervisors is conclusive and shall be based on available census information, school attendance statistics, election or voter registration statistics, estimates provided by state agencies or the county assessor, or other information as deemed appropriate by the board of supervisors. If the board of supervisors determines, at any time prior to one hundred twenty days before the next regular scheduled election for members of a district board, that the population of a fire district administered by a district board consisting of three members exceeds four thousand inhabitants, estimated as provided in this section, the board of supervisors shall order an increase in the number of members of the district board. If the board of supervisors determines at any time prior to one hundred eighty days before the next regularly scheduled election for members of a district board that the population of a fire district administered by a district board that consists of five members exceeds fifty thousand inhabitants as prescribed in this section, the board of supervisors shall inform the district board that it may expand to seven members. Any expansion to seven members shall occur by majority vote of the district board. The increase is effective for the election of the additional members at the next regular election of members of the district board.
B. If a vacancy occurs on the district board other than from expiration of a term, the remaining board members shall fill the vacancy by appointment of an interim member. If the entire board resigns or for any reason cannot fulfill its duties, the board of supervisors shall appoint an administrator to administer the district with the same duties and obligations of the elected board. If the board of supervisors fails to appoint an administrator within thirty days, a special election shall be held to fill the vacancies on the fire district board.
C. Members of the district board shall serve without compensation, but may be reimbursed for actual expenses incurred in performing duties required by law.
D. The board of a fire district shall appoint or hire a fire chief.
E. The district board shall elect from its members a chairman and a clerk.
F. For districts formed under article 3 of this chapter, of the members first elected to district boards consisting of three members, the two people receiving the first and second highest number of votes shall be elected to four‑year terms, and the person receiving the third highest number of votes shall be elected to a two-year term. Of the members first elected to district boards consisting of five members, the three people receiving the first, second and third highest number of votes shall be elected to four-year terms, and the two people receiving the fourth and fifth highest number of votes shall be elected to two-year terms. Thereafter, the term of office of each district board member shall be four years from the first day of the month next following such member's election. Of the members elected as additional members to a five member district board, the person with the highest number of votes is elected to a four-year term and the person with the second highest number of votes is elected to a two‑year term.
G. If a district resolves to increase the governing board to seven members pursuant to subsection A of this section, the governing board may appoint two additional members to serve until the next general election. After the general election at which the two additional members are elected, the newly elected member with the highest number of votes serves a four-year term and the other member serves a two-year term. Thereafter, the term of office for these two new members is four years.
H. For any fire district administered by a three-member board and that levies taxes in a fiscal year in the amount of five hundred thousand dollars or more, the district shall be administered by a five-member board, beginning with the first general election held after the end of the fiscal year in which the district levied the prescribed amount, the change to a five-member board shall occur as prescribed in this subsection. On levying the prescribed amount, the district may not reorganize as a three-member board regardless of any subsequent change in the district's levy. For three-person boards with a single vacancy for an existing board membership position and that are adding two additional members, the three persons with the highest number of votes are elected to a four-year term of office. For three-person boards with two vacancies for existing board membership positions and that are adding two additional members, the three persons with the first, second and third highest numbers of votes are elected to four-year terms of office and the person with the fourth highest number of votes is elected to a two‑year term of office. Thereafter, all terms of office for members of these five-person boards of directors must be four years. This subsection applies to any three-member board that is expanding to a five-member board, regardless of whether the expansion is the result of the amount of the district's levy. This subsection does not apply to districts formed under article 3 of this chapter.
Sec. 2. Section 48-804, Arizona Revised Statutes, is amended to read:
48-804. District administered by elected chief and secretary‑treasurer
A. Until the first term of office that commences immediately after the next regular election for that fire district after the effective date of this amendment to this section, a district which the board of supervisors estimates has a population of fewer than four thousand inhabitants may be administered by an elected chief and secretary-treasurer. Upon organization of a fire district administered by an elected chief and secretary-treasurer or reorganization of a fire district administered by a district board as a district administered by an elected chief and secretary-treasurer, the elected chief and secretary-treasurer shall serve until the qualification of their successors at the next election held as provided in section 48‑802, subsection D, paragraph 3. Thereafter, the elected chief and secretary‑treasurer shall serve terms of four years from the first day of the month next following their election.
B. If a vacancy occurs in the office of elected chief or secretary‑treasurer other than from expiration of a term, the board of supervisors shall fill the vacancy by appointment of an interim chief or secretary‑treasurer. If the board of supervisors fails to appoint a replacement within thirty days, a special election shall be held to fill the vacancy.
C. The secretary‑treasurer is responsible for keeping records of all meetings of the district.
D. a. Beginning with the first term of office that commences immediately after the next regular election for that fire district after the effective date of this amendment to this section july 29,2010, all districts that are administered by an elected chief and secretary-treasurer shall be administered by a three-member elected board of directors or a five-member elected board of directors as provided in section 48-803, subsection A and the position positions of elected chief and elected secretary‑treasurer no longer exist for that district and have no legal or administrative authority for and in the district. Persons elected to a three-member board of directors or a five-member board of directors pursuant to this subsection shall be designated to serve staggered terms of four years, with the initial terms of office for the three-member board or five-member board determined as prescribed in section 48-803, subsection F G. Thereafter, all terms of office for members of these three-person or five-person boards of directors shall be four years.
E. b. Beginning on the effective date of this amendment to this section july 29, 2010, no new fire district may be established with an elected chief and secretary‑treasurer and no existing fire district may be reorganized into a district with an elected chief and secretary‑treasurer.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
