Bill Text: AZ HB2570 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Political subdivisions; proceedings; governing bodies
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-04-12 - Senate third reading FAILED voting: (9-21-0-0) [HB2570 Detail]
Download: Arizona-2012-HB2570-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2570 |
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AN ACT
amending title 1, Arizona Revised Statutes, by adding chapter 7; relating to proceedings of governing bodies of counties, cities and towns.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
PROCEEDINGS OF GOVERNING BODIES
ARTICLE 1. GENERAL PROVISIONS
1-701. Counties, cities or towns; enactment of laws; public notices; statewide concern; standing to sue
A. Notwithstanding any other law, a county, city or town shall not enact an ordinance, rule, regulation or measure or other form of legislation having the force of law and having general applicability unless:
1. The final proposed ordinance, rule, regulation or measure or other form of legislation is posted on the governing body's website at least seven days before the governing body is scheduled to act on the matter.
2. If the governing body delegates that a committee of the governing body consider a proposed ordinance, rule, regulation or measure or other form of legislation to recommend a course of action to be taken by the governing body, the proposed ordinance, rule, regulation or measure or other form of legislation is posted on the governing body's website at least seven days before the committee is scheduled to consider the matter.
3. The posted agenda provides sufficient information to accomplish the public policy of this state as prescribed by section 38‑431.09.
B. This section does not apply to an ordinance, rule, regulation or measure relating to the approval of contracts or bids for the purchase of goods or outside services for the county, city or town.
c. This section does not apply to ministerial actions taken by a county, city or town.
d. Notwithstanding this section, a county, city or town may enact an emergency ordinance, rule, regulation or measure if at the time of the adoption of the emergency ordinance, rule, regulation or measure the county, city or town makes a finding of the actual emergency requiring the adoption of the ordinance, rule, regulation or measure and records the reasons for and the exact nature of the emergency in the minutes of the meeting at which the emergency ordinance, rule, regulation or measure was adopted. An ordinance, rule, regulation or measure adopted pursuant to this subsection expires sixty days after it is adopted. A county, city or town may adopt a new ordinance, rule, regulation or measure in the place of the emergency ordinance, rule, regulation or measure to take effect on the expiration of the emergency ordinance, rule, regulation or measure if the new ordinance, rule, regulation or measure is adopted pursuant to this section.
E. Any ordinance or other form of legislation enacted in violation of this section is against the public policy of this state and is illegal, unlawful, void and has no effect.
F. The enactment of legislation having the force of law is a matter of statewide concern. The regulation of the enactment of legislation having the force of law pursuant to this section is not subject to further regulation by a county, city or town.
G. The state attorney general or any taxpaying resident of this state has legal standing in state court to file an appropriate action at law or equity to declare void and enjoin any ordinance or other form of legislation that violates this section or otherwise to file an appropriate action at law or equity to compel compliance with this section. In any court challenge to the validity of this section, a taxpaying resident has standing to intervene.
