HB2913 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-401, Arizona Revised Statutes, is amended to read:

START_STATUTE11-401. Enumeration of officers

A. The officers of the county are:

1. Sheriff.

2. Recorder.

3. Treasurer.

4. School superintendent.

5. County attorney.

6. Assessor.

7. Supervisors.

8. Clerk of the board of supervisors.

9. Tax collector.

10. Land Commissioner.

B. The county treasurer shall be ex officio tax collector. END_STATUTE

Sec. 2. Section 11-404, Arizona Revised Statutes, is amended to read:

START_STATUTE11-404. Residence of county officers

The following officers shall reside within the county:

1. Judge of the superior court.

2. Treasurer and ex officio tax collector.

3. Clerk of the board of supervisors.

4. Sheriff.

5. Assessor.

6. County attorney.

7. Recorder.

8. School superintendent.

9. Public defender.

10. land commissioner. END_STATUTE

Sec. 3. Section 11-419, Arizona Revised Statutes, is amended to read:

START_STATUTE11-419. County salaries

A. In counties having a population of five hundred thousand or more persons, the following annual salaries shall be paid to county officers:

Annual Salary Annual Salary

Through Beginning

Officer December 31, 2024 January 1, 2025

Attorney $123,678 $143,678

Assessor 76,600 96,600

Land commissioner 96,600

Recorder 76,600 96,600

Sheriff 100,824 120,824

Superintendent

of schools 76,600 96,600

Supervisor 76,600 96,600

Treasurer 76,600 96,600

B. In counties having a population of less than five hundred thousand persons, the following annual salaries shall be paid to county officers:

Annual Salary Annual Salary

Through Beginning

Officer December 31, 2024 January 1, 2025

Attorney $123,678 $143,678

Assessor 63,800 83,800

Land commissioner 83,800

Recorder 63,800 83,800

Sheriff 100,824 120,824

Superintendent

of schools 63,800 83,800

Supervisor 63,800 83,800

Treasurer 63,800 83,800

C. Each of the officers named in subsections A and B of this section, other than the board of supervisors and the county attorney, may appoint a chief deputy who shall receive an annual salary agreed on by the board of supervisors and the officer appointing the deputy.

D. The county attorney shall devote full time to the county attorney's official duties and shall not engage in the private practice of law. The county attorney shall appoint a chief deputy who shall receive an annual salary agreed on by the board of supervisors and the officer appointing the chief deputy.

E. In any county included under subsection B of this section, a chief deputy county attorney shall not be appointed unless authorized by the board of supervisors who may authorize or prohibit the chief deputy from engaging in the private practice of law. The annual salary of the chief deputy shall be in an amount agreed on by the county attorney and the board of supervisors.

F. In case of a vacancy in office of any elected county officer included in subsections A and B of this section, the salary of the person appointed to fill such vacancy shall be the same for the balance of the unexpired term as that being paid the previous officeholder.

G. The legislature shall appropriate monies each fiscal year from the state general fund to each county to pay the salary of the county land commissioner pursuant to subsections A and B of this section. END_STATUTE

Sec. 4. Title 11, chapter 3, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8. COUNTY LAND COMMISSIONER

START_STATUTE11-551. Duties; definition

A. The county land commissioner is the manager of state lands in the county.

B. Notwithstanding any other law, the county land commissioner shall determine all of the following for state lands in the county:

1. Whether to issue a lease or renew a lease as prescribed in title 37.

2. Whether to issue a right-of-way or renew a right-of-way as prescribed in title 37.

3. Whether to place a parcel up for public auction as prescribed in title 37.

4. The terms and conditions of any conveyance, including the disposition of natural product.

5. How to resolve conflicting interests between conflicting land uses.

6. The highest and best bid for, highest and best use for and in the best interest of the state land trust.

7. The best management practice for any parcel or subsurface right.

8. The marketing or zoning of any parcel before public auction.

C. For the purposes of this section, "state lands" has the same meaning prescribed in section 37-101. END_STATUTE

Sec. 5. Section 37-101, Arizona Revised Statutes, is amended to read:

START_STATUTE37-101. Definitions

In this title, unless the context otherwise requires:

1. "Agricultural lands" means lands which that are used or can be used principally for:

(a) Raising crops, fruits, grains and similar farm products.

(b) Algaculture. For the purposes of this subdivision "algaculture" means the controlled propagation, growth and harvest of algae.

2. "Amortized value" means the value for improvements established pursuant to section 37-281.02, subsection G.

3. "Commercial lands" means lands which that can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way.

4. "Commission" means the state land commission.

4. 5. "Commissioner" means the state land commissioner EXECUTIVE DIRECTOR OF THE DEPARTMENT.

5. 6. "Community identity package" means a design theme including such elements as architecture, landscape, lighting, street furniture, walls and signage.

7. "county land commissioner" means a member of the state land commission established by section 37-131.

6. 8. "Department" means the state land department.

7. 9. "Grazing lands" means lands which that can be used only for the ranging of livestock.

8. 10. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development.

9. 11. "Homesite lands" means lands which that are suitable for residential purposes.

10. 12. "Improvements" means anything permanent in character which is the result of labor or capital expended by the lessee or his the lessee's predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon, on that state land and which that has enhanced the value of the land.

11. 13. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which that are constructed or located on state lands and which that are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities.

12. 14. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having jurisdiction for the area and which that is responsible for the provision of these facilities and services.

13. 15. "Leased school or university land" means school or university land for which a lease has been issued by the this state, or the territory of Arizona, under which the lessee retains rights.

14. 16. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area.

15. 17. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases.

16. 18. "Section of land" means an area of land consisting of six hundred forty acres.

17. 19. "State lands" means any land owned or held in trust, or otherwise, by the this state, including leased school or university land.

18. 20. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease.

19. 21. "Urban lands" means any state lands which that are adjoining existing commercially or homesite developed lands and which are either:

(a) Within the corporate boundaries of a city or town.

(b) Adjacent to the corporate boundaries of a city or town.

20. 22. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question. END_STATUTE

Sec. 6. Section 37-131, Arizona Revised Statutes, is amended to read:

START_STATUTE37-131. State land commission; appointment; term; compensation; executive director; duties

A. There shall be a The state land commissioner who commission is established consisting of the county land commissioner from each county. The commissioner shall be the executive officer of the state land department.

B. The each county land commissioner shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor elected in the manner prescribed for county offices pursuant to article XII, constitution of Arizona.

C. The eACH county land commissioner shall receive compensation as determined pursuant to section 38-611 11-419.

D. County land commissioners shall serve for the same term as the county officers prescribed in article XII, section 3, constitution of Arizona.

E. Notwithstanding any other law, each county land commissioner shall have authority of state lands located in the county of the county land commissioner.

F. The commission shall:

1. Hire an executive director of the department who shall be compensated pursuant to section 38-611 and shall serve at the pleasure of the commissioner.

2. Decide whether to initiate rulemaking procedures.

3. Decide whether to send a notice of proposed rulemaking to the SECRETARY of state.

4. Decide whether to send a notice of supplemental rulemaking to the secretary of state.

5. Decide whether to send a notice of final rulemaking to the secretary of state.

6. Decide whether to adopt, amend or rescind any substantive policy statement.

7. Decide whether to initiate legal action or litigation against an applicant, lessee or other party.

8. Oversee and approve, at the commission's discretion, the department's interactions with the following:

(a) the governor's regulatory review council.

(b) the office of administrative hearings.

9. Elect a chairperson and vice chairperson, who shall serve as the chairperson in the chairperson's absence. The chairperson shall set the agenda for each commission meeting.

10. Hold at least one public meeting each year. The chairperson may hold additional meetings as the chairperson deems necessary. A county land commissioner may request that the chairperson call a public meeting or place an item within the purview of the commission on the next public meeting agenda.

G. The executive director of the department shall:

1. Maintain authority over all staff of the department.

2. Keep minutes of any commission meeting.

3. Fulfil the directives of the commission, including any county land commissioner's determination of the highest and best use of state land in the county land commissioner's jurisdiction. Notwithstanding any other law, the executive director shall have no authority to decide the highest and best bid, highest and best use of state lands or what is in the best interest of the state land trust. END_STATUTE

Sec. 7. Elections

The county recorder of each county shall facilitate the election of a county land commissioner in the 2028 general election. The state land commissioner may serve only until the state land commission is sworn into office.

Sec. 8. Conforming legislation

The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-eighth legislature, first regular session.