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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2400

 

municipal ordinances; posting

Purpose

            Alters the statutorily required locations of publication for a city or town ordinance that imposes a penalty, fine, forfeiture or other punishment.

Background

Notices of election, invitations for bids, notices of letting contracts, laws and ordinances, and other notices of a public character issued by the governing body of any city or town must be published in a newspaper pursuant to statutory requirements. If the law or ordinance is enacted on behalf of a private person, the person enacting the ordinance must pay the expense of publication (A.R.S. § 9-812). Additionally, every city or town ordinance imposing a penalty, fine, forfeiture or other punishment must be published after its enactment by posting in three or more public places within the city or town. The ordinance is in force beginning on the date of publishing. Posting may be established by the affidavit of the person who posted the ordinance filed with the clerk (A.R.S. § 9-813).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a city or town ordinance that imposes a penalty, fine, forfeiture or other punishment to be posted as follows, rather than in three public locations within the city or town:

a)   at city or town hall or in one public place within the city or town;

b)   on the city's or town's website; and

c)   any additional public notice that is reasonable and practicable.

2.   Allows exhibits to an ordinance to be excluded from posting requirements, if the city or town lists where the exhibits are available for public use and inspection.

3.   Makes a technical change.

4.   Becomes effective on the general effective date.

House Action

GE                   2/3/21        DP       11-1-1-0

3rd Read          2/11/21      DPA    59-0-1-0-0

 

Prepared by Senate Research

February 25, 2021

MH/HF/gs