Bill Text: AZ HB2060 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Family group decision making program
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-03-27 - Senate Committee of the Whole action: Do Pass Amended [HB2060 Detail]
Download: Arizona-2012-HB2060-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2060 |
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑499.16; amending section 11‑496, Arizona Revised Statutes; relating to municipality fees.
(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 9-499.16, to read:
9-499.16. Municipal fire or emergency medical services fee; agreement for collection; definition
A. A municipality with a population of less than twenty thousand persons that does not levy and assess any amount to be raised from primary property taxation, after approval by a majority of the qualified electors voting either at a regular or special election, may establish and collect a fire or emergency medical services fee if another municipality provides either of those services to the municipality. If approved by the qualified electors, the municipality, by ordinance, may levy and collect a fire or emergency medical services fee in the manner prescribed by this section. The municipality shall use the fees established and collected pursuant to this section solely to pay the operation and maintenance costs of providing fire or emergency medical services, and the municipality shall maintain the fees in a separate designated account.
B. In calculating the operation and maintenance cost of providing the service, the municipality shall exclude any capital expenses. Before the fee is adopted, the municipality shall post the operation and maintenance budget on its website and annually post the budget on its website after the fee is adopted. The municipality shall calculate the fire or emergency medical services fee based only on the actual square footage of the building or structure that is subject to those services in a fixed amount for properties that are within a defined range of square footage. public schools, including all charter schools, and the square footage of the sanctuary of any church or religious institution, are exempt from fire or emergency medical services fees.
C. A municipality may establish a fire or emergency medical services fee or increase such a fee pursuant to this section if the municipality:
1. Prepares a written report or supplies data that supports the establishment of the fee or an increase to the fee. The municipality shall make a copy of the report available to the public by filing a copy of the report in the office of the clerk of the municipality at least thirty days before the public hearing required in paragraph 2 of this subsection.
2. Adopts a notice of intention by motion at a regular meeting of the governing body to establish the fire or emergency medical services fee or increase the fee and prescribes a date for a public hearing on the proposed imposition or increase that the municipality shall hold not less than thirty days after adoption of the notice of intention. The municipality shall publish a copy of the notice of intention showing the date, time and place of the hearing once in a newspaper of general circulation within the boundaries of the municipality not less than twenty days before the public hearing date.
D. A municipality that establishes a fire or emergency medical services fee pursuant to this section may, without an election, only increase the existing fee structure on an annual basis in the same amount as the operating expenses or operations costs for the municipality charging the fee are annually increased pursuant to the agreement the municipality has with another municipality and in the manner prescribed by this section.
E. After holding the public hearing, the governing body, by ordinance, may adopt the establishment of the fire or emergency medical services fee or an increase to the fee.
F. Notwithstanding section 19-142, subsection b, the establishment of the fire or emergency medical services fee or an increase to the fee becomes effective thirty days after adoption of the ordinance by the governing body.
G. The municipality and the county treasurer for the county in which the municipality is located may enter into an agreement for the county treasurer to collect the municipality's fire or emergency medical services fee in a manner and by the officers provided by law for the collection and enforcement of general taxes. The municipality and the county treasurer may provide by agreement for the payment of the county treasurer's collection expenses directly related to the collection of the fee and, if so provided, the fee may include an amount for compensation of the county treasurer directly related to the collection of the fee. The compensation received by the county treasurer pursuant to the agreement is governed by section 11‑496.
H. This section does not authorize the municipality to collect fees that are prohibited from being collected pursuant to section 28-677.
I. For the purposes of this section "fire or emergency medical services fee" means a fee that is regularly assessed against homeowners and nonresidential property owners, including churches, schools and resorts, within the municipality, except property that is exempt pursuant to subsection B of this section, for fire or emergency medical services within the municipality.
Sec. 2. Section 11-496, Arizona Revised Statutes, is amended to read:
11-496. Public records copy; proceeds of sale; agent duties; surcharge; special district assessments; deposit
A. In addition to the fee prescribed by section 39‑121.01, subsection D, paragraph 1 or section 39‑121.03, subsection A, the county treasurer may impose a surcharge of not more than twenty-five per cent of the fee charged for furnishing a copy, printout or photograph.
B. A county treasurer who is designated as a registrar pursuant to section 35‑491 may impose a surcharge of not more than twenty‑five per cent of the average fee charged by commercial bank trust departments during the previous calendar year for discharging registrar, transfer and paying agent duties.
C. The county treasurer may impose and collect a fee for expenses directly related to the collection of special assessments for a community facilities district pursuant to section 48‑721 and a revitalization district pursuant to section 48‑6815 and for collecting municipal fire and emergency services fees from owners of record in certain areas of the county as prescribed in section 9‑500.23 or from a municipality as prescribed in section 9‑499.16.
D. The county treasurer shall deposit monies collected pursuant to this section in the taxpayers' information fund established by section 11‑495.
