Bill Text: AZ SB1505 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Technical correction; child custody
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-03-08 - Referred to House GOV Committee [SB1505 Detail]
Download: Arizona-2012-SB1505-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1505 |
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AN ACT
amending sections 9-832 and 9-838, Arizona Revised Statutes; amending title 9, chapter 7, article 4, Arizona Revised Statutes, by adding sections 9-841 and 9-842; amending title 9, chapter 7, article 4, Arizona Revised Statutes, by adding sections 9-843 and 9-844; relating to municipal regulations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-832, Arizona Revised Statutes, is amended to read:
9-832. Regulatory bill of rights
To ensure fair and open regulation by municipalities, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a municipality in a court proceeding regarding a municipality decision as provided in section 12‑348.
2. Is entitled to receive information and notice regarding inspections as provided in section 9‑833.
3. Is entitled to have a municipality not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 9‑834, subsection A.
4. May have a municipality approve or deny the person's license application within a predetermined period of time as provided in section 9‑835.
5. Is entitled to receive written or electronic notice from a municipality on denial of a license application:
(a) That justifies the denial with references to the statute, ordinance, code or authorized substantive policy statements on which the denial is based as provided in section 9‑835.
(b) That explains the applicant's right to appeal the denial as provided in section 9‑835.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 9-836.
7. May inspect all ordinances, codes and substantive policy statements of a municipality, including a directory of documents, at the office of the municipality or on the municipality's website as provided in section 9‑837.
8. Unless specifically authorized, may expect municipalities to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 9‑834.
9. May file a complaint with the municipality concerning an ordinance, code or substantive policy statement that fails to comply with this section.
10. May review the full text or summary of all rule making activity as provided in section 9‑843 and the summary of substantive policy statements in the directory as provided in section 9‑842.
11. May participate in the rule making process as provided in section 9‑842, including providing written or oral comments on proposed rules to a municipality and having the municipality address those comments as provided in that section.
12. May allege that an existing municipal practice or substantive policy statement constitutes a rule and have that municipal practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule as provided in sections 9-872 and 9-873.
Sec. 2. Section 9-838, Arizona Revised Statutes, is amended to read:
9-838. Complaints; governing body review
A. The governing body may receive complaints concerning ordinances, codes, substantive policy statements or municipality practices alleged to violate this article chapter. The governing body may review any ordinance, code, substantive policy statement or municipal practice alleged to violate this article chapter and may hold hearings regarding the allegations. The governing body may recommend actions to alleviate the aspects of the ordinances, codes, substantive policy statements or municipality practices alleged to violate this article chapter.
B. The governing body may require the complaint to be made in writing and include the following information:
1. The name and address of the person making the complaint.
2. The ordinance, rule, regulation, substantive policy statement or municipal practice alleged to violate this chapter.
3. Any facts relevant to and the legal basis for the complaint.
C. If the complaint concerns the validity of an enforceable rule, regulation, substantive policy statement or municipal practice, the complaint shall be submitted to the municipal administrative unit alleged to be enforcing the rule, regulation, substantive policy statement or municipal practice. Within forty-five days after submission, the administrative unit shall in writing approve, deny or modify the petition or make recommendations to initiate rule making pursuant to section 9-841.
D. The affected person, by filing with the municipal clerk, may appeal to the governing body within thirty days after the administrative unit gives a written decision pursuant to subsection c of this section. The governing body shall place the complaint concerning a rule, regulation, substantive policy statement or municipal practice on its agenda within thirty days of its filing with the clerk.
E. The governing body shall deny, approve or modify the petition or provide other relief.
F. If the complainant is unsatisfied with an action taken by the governing body on the complaint, the complainant may file an action for declaratory judgment pursuant to section 9-844.
Sec. 3. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding sections 9-841 and 9-842, to read:
9-841. Adoption of rules or regulations; procedures; definition
A. Before the adoption of rules or regulations by the governing body, the municipality shall provide notice and make available the entire text of any proposed rule or regulation at the office of the municipal clerk and on the municipal website. The notice shall contain an explanation of the rule or regulation, including the municipality's reasons for initiating the rule or regulation, the statutory authority for the rule or regulation, a reference to any study known at that time to be used in consideration of the rule or regulation and where the study may be obtained, the name and address of municipal personnel with whom persons may communicate regarding the rule or regulation and where any electronic or written statements concerning the rule or regulation should be addressed. The municipality shall also post notice of the date, time and place of a public hearing to be conducted by a municipal administrative unit designated by the governing body.
B. Not less than thirty days after the posting of the notice, the governing body or administrative unit designated by the governing body shall conduct a public hearing and receive written, electronic or oral statements concerning the proposed rule or regulation.
C. At least fifteen days before the meeting at which the governing body adopts, amends or repeals a rule or regulation, a notice shall be given of the date, time and location of the meeting by publication on the municipal website. The notice also shall contain a response to the public comments, except for comments provided at the public hearing if conducted before the governing body.
D. The governing body shall receive a record of all written, electronic and oral statements, including the responses to the public comments pursuant to subsection C of this section, before adopting the rule or regulation.
E. If as a result of public comments or internal review the governing body determines that a proposed rule or regulation requires substantial change, the governing body shall issue a supplemental notice containing the changes in the proposed rule or regulation and provide for additional public comment pursuant to this section before adoption.
F. Notwithstanding this section, the governing body may adopt a rule or regulation if the governing body makes a finding that an emergency exists if the rule or regulation terminates after the governing body determines the emergency situation no longer exists. An emergency exists to do any of the following:
1. Protect the public health, safety or welfare.
2. Comply with deadlines in amendments to a municipality's governing law or federal programs.
3. Avoid violation of federal law or regulation or other state law if the situation is not the result of delay or inaction by the governing body.
4. Avoid an imminent budget reduction.
5. Avoid serious prejudice to the public interest or the interest of the parties concerned.
G. The governing body or the administrative unit designated by the governing body shall consider each of the following methods and may reduce the impact of the rule or regulation on small businesses by using one or more of the following methods if it finds that the methods are legal and feasible in meeting the objectives that are the basis of the proposed rule or regulation:
1. Establish less stringent compliance or reporting requirements.
2. Establish less stringent schedules or deadlines.
3. Consolidate or simplify the compliance or reporting requirements.
4. Establish performance standards for small businesses to replace design or operational standards.
5. Exempt small businesses from any or all requirements.
H. A rule or regulation is invalid unless it is made and approved in substantial compliance with this section, unless otherwise provided by law.
I. The requirements of this section do not apply to:
1. Substantive policy statements.
2. Internal procedural documents that only affect the internal procedures of the municipality and do not impose additional requirements or penalties on regulated parties.
3. An interpretation requested by a regulated person if it is subject to a public appeals process.
4. Any form whose contents or substantive requirements are prescribed by ordinance or statute, and instructions for the execution or use of the form.
5. A rule that relates to the use of public works, including streets and highways, under the jurisdiction of a municipality if the effect of the order is indicated to the public by means of signs or signals.
6. A rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing.
7. A rule that only establishes specific prices to be charged for particular goods or services sold by a municipality.
8. A rule concerning only the physical servicing, maintenance or care of municipal owned or operated facilities or property.
9. A rule that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the municipality or a patient admitted to an institution or treatment center pursuant to court order.
10. A rule or other matter relating to municipal contracts.
11. Fees, charges or manner of reservation established for use of municipal parks and ramadas.
12. Emergency medical services protocols.
13. Rules addressing the number of copies of materials to be provided to the municipality.
14. A function or operation of a municipal police department, fire department, ambulance service, hospital, public safety department or town marshall's office.
15. A function, operation or use of a municipal airport.
16. Rules that undergo a comparable existing rule making process that provides for notice of the proposed rule, an opportunity for public comment on the proposed rule and the municipal response to public comments before finalizing the rule, except that these exempt rules are subject to subsection h of this section and sections 9-838 and 9-844.
J. For the purposes of this chapter, "rule" means a municipal statement of general applicability that implements, interprets or prescribes law or policy or describes the procedure or practice requirements of a municipality. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include a municipality's substantive policy statement or internal procedural documents that only affect the internal procedures of the municipality and do not impose additional requirements or penalties on regulated parties.
9-842. Substantive policy statement; directory
A. A municipality shall file substantive policy statements pursuant to section 9-837.
B. A municipality shall ensure that the first page of each substantive policy statement includes the following notice:
This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the municipality and does not impose additional requirements or penalties on regulated parties or include confidential information, ordinances or rules made in accordance with section 9‑841, Arizona Revised Statutes. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the municipality under section 9-838, Arizona Revised Statutes, for a review of the statement.
Sec. 4. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding sections 9-843 and 9‑844, to read:
9-843. Publication of rules or regulations; register
A. The municipal clerk shall publish on the municipal website all rules and regulations adopted by the governing body.
B. The municipal clerk shall maintain on the municipal website a register of activities related to the adoption of rule or regulations that shall include:
1. A schedule of the time, date and place of all hearings on proposed repeals, adoptions or amendments of rules or regulations.
2. Any notices related to proposed rules or regulations, including the full text of any proposed rule or regulation, an explanation of any proposed rule or regulation and the statutory authority for the rule or regulation.
3. A summary of governing body action on each rule or regulation.
4. Supplemental notices and any new amended or added language to a proposed rule or regulation.
9-844. Declaratory judgment
A. Any person who is affected by a municipal rule or regulation or alleges that a municipal practice or policy constitutes a rule or regulation may obtain a judicial declaration of whether the rule or regulation is void because it fails to substantially comply with the procedures established pursuant to section 9-841 by filing an action for declaratory relief in accordance with title 12, chapter 10, article 2.
B. Before filing an action pursuant to this section the person must comply with the requirements of section 9-838.
Sec. 5. Effective date
This act is effective from and after December 31, 2012.
