ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1454
fire district amendments
Purpose
An emergency measure that modifies fire district statutes regarding district formation, boundary change, governance and powers and duties.
Background
Special taxing districts are usually created to fill a need to enable services to be provided in an area that might otherwise be limited from receiving these services for various reasons, including size, location, financial limitations or unavailability of other government support. Fire districts are organized to furnish fire protection to people residing in communities outside the protection of a municipal fire department. Arizona has more than 130 fire districts that cover more than 12,000 square miles and serve nearly one million citizens.
In 2005, the President of the Senate and the Speaker of the House of Representatives appointed a Joint Legislative Ad Hoc Committee on Fire Districts (Committee) to examine the following issues: a) current statutes governing the authority and oversight of existing rural fire districts; b) authority and oversight of large career fire districts; and c) the statutes governing the creation of new fire districts. The Committee recommended introduction of legislation amending the fire district statutes with the objective to improve overall fire district efficiency, effectiveness and delivery of service and to enhance fire district governance and administrative capabilities.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Fire District Formation and Boundary Changes
1. Requires the impact statement that is required to form a fire district to include a description of the scope of services to be provided by the district during its first five years of operation, including an estimate of anticipated capital expenditures, personnel growth and enhancements to service.
2. Removes the ability of a person aggrieved by an annexation decision of the district board to appeal to the county board of supervisors.
3. Removes the requirement that the court require the district pay court costs, including attorney fees, if the appellant prevails.
4. Allows the Attorney General, county attorney or any other interested party to question the validity of the annexation for failure to comply with the annexation requirements and specifies filing and hearing requirements. Places the burden of proof on the plaintiff.
5. Specifies the criteria to determine whether the proposed annexation is contiguous.
6. Clarifies that assessed valuation of property does not include state or federal property.
7. Allows a fire district, community park maintenance district or sanitary district to appropriate and spend monies to assist individuals or entities to change the district’s boundaries.
8. Establishes a process to change boundaries in conjunction with city or town annexation for fire districts that provide services to the city or town.
9. Establishes a format in which all petitions to form a special taxing district must follow.
10. Authorizes fire districts over 50,000 persons to expand their board to seven members from five members by a majority vote of the board. Specifies election and term of office requirements.
11. Removes the requirement that a circulator of petitions to form a fire district attest to the presence of the property owners.
Fire District Powers and Duties
12. Allows a fire district to enforce the fire code adopted by the district.
13. Establishes notice requirements for fire district elections.
14. Allows a fire district to replace the adopted fire code with an alternative nationally recognized fire code with approval of the State Fire Marshal and after a hearing but without a vote of the district.
15. Allows a fire district to adopt resolutions for a financial reimbursement to taxpayers schedule for installation of certain fire protection systems such as sprinklers and monitored alarms.
16. Requires the resolution to include: a) an analysis of savings to the district for use of the fire protection systems performed by a qualified expert; b) the specifications of all qualifying systems; c) the requirements for claiming reimbursement and; d) the requirement that the resolution expires one year after adoption.
17. Allows a fire district board to change the district’s name through a district vote rather than through an election. Specifies vote requirements for name change.
18. Allows a fire district to require all employees to submit a full set of fingerprints.
19. Authorizes a fire district to provide or assist in providing emergency fire or emergency medical services outside of its boundaries if the services are unavailable and the services are requested by any law enforcement, fire district, fire department or private person.
20. Allows the fire district to receive reimbursement for the costs of providing the emergency services.
21. Specifies that the person receiving the services is liable to the district for the costs and the costs constitute a debt of the person and may be collected by the district.
22. Requires the cost for providing emergency fire or medical services to be set forth in the resolutions adopted by the district.
23. Removes the current statutory limitation on reimbursement for fire protection services.
Fire District Mergers and Consolidation
24. Allows two or more fire districts to merge if the governing body of each district, by a majority vote, adopts a resolution declaring that a merger be considered and a public hearing be held to consider the issue. Specifies notice and hearing requirements.
25. Deems the merger approved if after the hearing each district board adopts a resolution by a majority vote that the merger will promote public health, comfort, convenience, necessity or welfare and a majority of the electors vote in favor of the merger.
26. Requires a district board to obtain written consent to the merger from any single taxpayer who owns 30 percent or more of the net assessed valuation of the total net assessed valuation of the district before considering any merger resolution.
27. Authorizes a fire district to consolidate with one or more districts.
28. Requires the requesting district to pass a resolution by a majority vote requesting consolidation into another fire district.
29. Requires the requesting district to mail a notice of request to consolidate to the fire district in which the consolidation is requested.
30. Requires the fire districts to prepare a consolidation impact statement on receipt of the resolution and on approval by majority vote of the district receiving the request. Specifies consolidation impact statement requirements.
31. Requires a consolidation impact statement hearing and a consolidation of the districts hearing. Specifies notice and hearing requirements.
32. Requires the receiving district to declare the district consolidated and each affected district joined if the district determines that the public health, comfort, convenience, necessity or welfare will be promoted and a majority of the electors vote in favor of the consolidation.
33. Requires the consolidated district to be formed ten days after the district votes to create the district.
34. Specifies the governance and naming requirements of the consolidated district.
35. Requires a district board to obtain written consent to the consolidation from any single taxpayer who owns 30 percent or more of the net assessed valuation of the total net assessed valuation of the district before considering any consolidation resolution.
36. Exempts fire district mergers and consolidations from the election requirements if the governing bodies vote unanimously in support of the merger or consolidation and any property owner from each district owning 30 percent or more of the total net assessed valuation consents to the merger.
Miscellaneous
37. Requires costs and reasonable attorney fees to be awarded to a defendant that is a prevailing party in a legal challenge regarding the formation of a county island fire district and allows the board of supervisors to advance funds to the county island fire district for the representation of named parties and defense of the action.
38. Authorizes a county island fire district to enter into an intergovernmental agreement (IGA) with the county in which the district is located for any purpose not inconsistent with statute.
39. Requires the bond election ballot to comply with electronic voting requirements.
40. Requires personnel to be merged and become part of the fire department of the annexing city or town when the fire district is entirely annexed.
41. Requires the joint petition to annex property into a city or town that is serviced by a fire district to state that the property will be under the jurisdiction of both the city or town and the fire district.
42. Allows an election to reorganize a fire district administration to be held on any consolidated election date and requires the county board of supervisors to give notice in the same manner as for a fire district bond election.
43. Makes technical and conforming changes.
44. Becomes effective on the signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
1. Applies the current statutory process to provide ambulance service to mergered and consolidated districts and districts that provide service outside of their district boundaries.
2. Requires an election to merge or consolidate fire districts.
Amendments Adopted by House of Representatives
1. Adds an emergency clause.
2. Addresses the award of court costs and attorney fees in any legal challenge regarding formation of a county island fire district.
3. Authorizes a county island fire district to enter into an IGA with the county in which the district is located for any purpose not inconsistent with statute.
4. Modifies the procedures to form, merge or consolidate fire districts.
5. Removes a fire district’s authority to enter into contracts and charge fees for services as determined by the board.
Amendments Adopted by Conference Committee
1. Allows fire districts to enter into IGAs and contracts with individuals and other political subdivisions for technical and administrative services and to provide fire protection outside of the district boundaries, including county island residents outside of the districts.
2. Establishes parameters for providing fire protection outside of district boundaries.
3. Makes technical changes.
Senate Action House Action
GOV 2/9/06 DPA 6-0-1 GRGFA 3/15/06 DPA 5-1-0
3rd Read 3/1/06 26-2-2 3rd Read 4/18/06 49-8-3
Final Read 5/25/05 26-2-2 Final Read 5/30/06 49-0-11
Signed by the Governor 6/6/06
Chapter 315
Prepared by Senate Research
June 13, 2006
NS/jas