Assigned to GOV FOR
COMMITTEE
Assigned to GOV FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
joint powers; fire protection services
Purpose
Assigns powers and rules to separate legal entities (entities) and allows exceptions to meeting and reporting requirements.
Background
Currently, cities, towns, counties and fire districts can form entities to jointly exercise powers held in common by the contracting parties. These common powers may include: 1) fire protection; 2) preservation of life; 3) providing emergency medical services; and 4) ambulance transportation services. An entity formed for the purpose of jointly exercising power must include a fire district. The governing bodies of these separate legal entities must be composed of elected officials from one or more of the political subdivisions that are parties to the agreement (A.R.S. § 48-805.01).
Additionally, two or more public agencies may contract for services, jointly exercise common powers and enter into intergovernmental agreements or may form a separate legal entity, if authorized by their governing bodies. Intergovernmental agreements must specify the duration, purpose, financing method of the contract and the precise organization, composition, title and nature of the entity (A.R.S. § 11-952).
A fire district board must hold public meetings at least monthly. However, if a board consists of three members and the fire district levies less than $500,000 annually, then the board shall meet in July and at least every two months thereafter (A.R.S. § 48-805). A fire district shall produce monthly financial reports including a register of checks, substitute checks, warrants and deposits, a record of electronic funds transfers, a statement of financial activities and a statement of net assets for each calendar month (A.R.S. § 48-807).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows entities to establish any governance and board structure necessary to carry out its powers and duties subject to requirements for entities and intergovernmental agreements and contracts.
2. Stipulates the entity, if specified in the agreement, has jurisdiction of fire code administration and enforcement for the contracted parties.
3. Requires the applicable governmental issuer to provide a .gov identifier to the entity for the website used to carry out its powers and duties.
4. Stipulates a fire district board participating in an agreement to form an entity:
a) is not subject to fire district public meeting requirements;
b) shall hold a public meeting at least once every 90 days or as necessary to carry out its powers and duties; and
c) is considered compliant with fire district financial reporting requirements if a cumulative financial report review occurs at least once every 90 days.
5. Stipulates participating municipalities in an agreement to form an entity are not subject to limits on the duration of the agreement.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
House Action
LIA 1/24/18 DP 7-0-0-0
3rd Read 2/6/18 58-0-1-0-1
Prepared by Senate Research
February 26, 2018
JO/MG/lat