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REFERENCE TITLE: malicious delay; enforcement; penalty |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1566 |
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Introduced by Senator Petersen
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.54; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.31; amending title 41, chapter 4, article 1, Arizona Revised Statutes, by adding section 41-710.04; relating to state government.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.54, to read:
9-500.54. Malicious delay; attorney general; violation; civil penalty; definition
A. NOTWITHSTANDING any other law, A city or town in this state may not maliciously delay a response to a license, approval or permit or any similar application or request.
B. The attorney general may enforce this section.
C. A city or town in this state that violates this section is subject to a civil penalty of $5,000 per violation.
D. For the purposes of this section, "Malicious":
1. Means acting in bad faith or with specific intent to obstruct approval of a license, approval or permit or any similar application or request by imposing requirements not specifically authorized by code, ordinance or standard or engaging in selective enforcement, repeated unexplained delays or actions taken without a legitimate health, safety or planning concern.
2. Does not include Any delays due to resource constraints, good faith errors or enforcement of identified codes, ordinances or standards.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.31, to read:
11-269.31. Malicious delay; attorney general; county attorney; violation; civil penalty; definition
A. NOTWITHSTANDING any other law, A county in this state may not maliciously delay a response to a license, approval or permit or Any similar application or request.
B. The attorney general or county attorney may enforce this section.
C. A county in this state that violates this section is subject to a civil penalty of $5,000 per violation.
D. For the purposes of this section, "Malicious":
1. Means acting in bad faith or with specific intent to obstruct approval of a license, approval or permit or any similar application or request by imposing requirements not specifically authorized by code, ordinance or standard or engaging in selective enforcement, repeated unexplained delays or actions taken without a legitimate health, safety or planning concern.
2. Does not include Any delays due to resource constraints, good faith errors or enforcement of identified codes, ordinances or standards.
Sec. 3. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.04, to read:
41-710.04. Malicious delay; attorney general; violation; civil penalty; definition
A. NOTWITHSTANDING any other law, This state or an agency of this state may not maliciously delay a response to a license, approval or permit or any similar application or request.
B. The attorney general may enforce this section.
C. THIS STATE OR AN AGENCY of THIS STATE that violates this section is subject to a civil penalty of $5,000 per violation.
D. For the purposes of this section, "Malicious":
1. Means acting in bad faith or with specific intent to obstruct approval of a license, approval or permit or any similar application or request by imposing requirements not specifically authorized by code, ordinance or standard or engaging in selective enforcement, repeated unexplained delays or actions taken without a legitimate health, safety or planning concern.
2. Does not include Any delays due to resource constraints, good faith errors or enforcement of identified rules or standards.