Title 11 — Counties

Chapter 1 Extent and Location of Counties and County Seats

Article 1 Boundaries and County Seats

§ 11-101 Division of state into counties

The state is divided into counties, named and bounded as provided in this article.

§ 11-102 Definitions

In the statement of the boundaries in this article:

1. "To," "on" or "along" a mountain range or mountains means the summit point or summit line of the mountain range of mountains.

2. "Up" or "down" a creek or river means the middle of the main channel thereof.

3. "Mouth" of a creek or river or "junction" of a creek or river with a river is the point where the middle of the channel of each intersects the other.

§ 11-103 Apache county

Apache county, the county seat of which is St. Johns, is bounded as follows:

Commencing at a point where the boundary line between Arizona and New Mexico intersects the thirty-seventh parallel of north latitude, being the northeast corner of this state, and being more particularly described as the four corners monument, thence south along the boundary line between Arizona and New Mexico to a point where the first standard parallel north intersects such boundary line, being the northeast corner of Greenlee county; thence due west to the Black river; thence westerly and down the Black river along the northern boundary of Greenlee and Graham counties to the east line of range twenty-three east of the Gila and Salt River Guide meridian; thence north along such range line to the former southern boundary line of the Navajo Indian reservation as established by presidential executive order dated January 6, 1880; thence west along such boundary line to the one hundred tenth meridian of west longitude; thence north along such meridian to the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude; thence east along such boundary line to its intersection with the boundary line between Arizona and New Mexico, the point of beginning, being the four corners monument.

§ 11-104 Cochise county

Cochise county, the county seat of which is Bisbee, is bounded as follows:

Commencing at a point six miles south of where the east line of range eighteen east intersects the second standard parallel south, thence running south to a point on the south boundary line of the San Ignacio del Babacomari land grant approximately one-half mile east of that point where the east line of range eighteen east intersects the said south boundary line of said land grant; thence west along the south line of said land grant to the aforesaid point of intersection with the east line of range eighteen east; thence south to the international boundary line between the state of Arizona and the Republic of Mexico; thence east along such boundary line to the southeast corner of the state of Arizona; thence north along the boundary line between the state of Arizona and the state of New Mexico, to a point six miles south of where such boundary line is intersected by the second standard parallel south; thence west to a point six miles south of the point where the east line of range eighteen east intersects the second standard parallel south, the place of beginning.

§ 11-105 Coconino county

Coconino county, the county seat of which is Flagstaff, is bounded as follows:

Commencing at the point where the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude and the meridian of one hundred ten degrees forty-five minutes west longitude intersect; thence south along such meridian to the Mogollon Rim; thence westerly along the Mogollon Rim, and the northern boundary of Gila county to the east line of range seven east, Gila and Salt River Guide meridian; thence north on such range line to the fourth standard parallel north; thence west on such parallel to the east line of range five east; thence north on such range line to the north line of township eighteen north; thence west on such line to the Gila and Salt river meridian; thence north on such meridian to the fifth standard parallel north; thence west on such parallel to the east line of range two west; thence north on such line to a point one mile north of the center of the right-of-way of the Atchison, Topeka & Santa Fe railway as it existed in 1891; thence westerly in a line one mile north of and parallel with the center of such right-of-way to the meridian one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908; thence north along such meridian line as defined to the point where such meridian line intersects the Colorado river; thence up the centerline of the Colorado river to the mouth of Kanab creek; thence up Kanab creek to a point where such creek intersects the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude; thence east along such boundary to its intersection with the meridian of one hundred ten degrees forty-five minutes west longitude, the place of beginning.

§ 11-106 Gila county

Gila county, the county seat of which is Globe, is bounded as follows:

Commencing at the point where the Mazatzal range of mountains intersects the centerline of the Salt river; thence up the Salt river to the mouth of Tonto creek; thence in a direct line to a mountain known as the "Water Shed;" thence in a direct line to a point two hundred fifty yards west of the place where the "Mineral Creek Mill" stood on February 8, 1881; thence in a direct line to the junction of the San Pedro and Gila rivers; thence up the Gila river to the mouth of the San Carlos river; thence northeasterly up the San Carlos river to a point where the river intersects the northern line of township one north; thence east on such line to the point where such line intersects the one hundred tenth meridian west longitude; thence north on such meridian to the point where it intersects the thirty-fourth parallel north latitude; thence west on such parallel to the point where such parallel intersects the meridian of one hundred ten degrees forty-five minutes west longitude; thence north on such meridian to the Mogollon Rim; thence westerly along the Mogollon Rim and the southern boundary of Coconino county to the east line of range seven east of the Gila and Salt River Guide meridian; thence south to the center of the channel of Fossil creek; thence southwesterly along the center of the channel of Fossil creek to the point where the center of such channel intersects the center of the channel of the Verde river; thence southerly along the center of the channel of the Verde river to a point due west of a point or peak on the summit of the Mazatzal mountains, known as and called North Peak; thence due east to the North Peak summit of the Mazatzal range of mountains; thence southerly along the summit of the Mazatzal range of mountains to the point where the Mazatzal range of mountains intersects the centerline of the Salt river, the place of beginning.

§ 11-107 Graham county

Graham county, the county seat of which is Safford, is bounded as follows:

Commencing at a point on the east line of range eighteen east, six miles south of the intersection of such line with the second standard parallel south, being the northwest corner of Cochise county; thence due north on the east line of range eighteen east, being the eastern boundary of Pinal county, to the point where such line intersects the Gila river; thence along the Gila river to the mouth of the San Carlos river; thence up the San Carlos river to the point where such river intersects the north line of township one north; thence east along the north line of township one north which is the southern boundary of Gila county to the one hundred tenth meridian of west longitude; thence north along such meridian to the Black river; thence up the Black river to its intersection with the east boundary of the White Mountain or San Carlos Indian reservation as defined by the resurvey of 1915; thence due south along the east boundary line of such Indian reservation to the southeast corner of the reservation, as established under instructions from the United States surveyor general of Arizona in the year 1883; thence in a south southeasterly direction in a direct line to the highest point of Thumb Butte; thence in a southerly direction following the boundary survey of 1912 to the summit of the north end of the Peloncillo range of mountains; thence in a general southeasterly direction along the summit of such range, as defined by the survey of 1912, to its intersection with the north boundary line of Cochise county, the point of intersection being the township line between townships eleven and twelve south, Gila and Salt River Guide meridian; thence west along the northern boundary line of Cochise county to the place of beginning.

§ 11-108 Greenlee county

Greenlee county, the county seat of which is Clifton, is bounded as follows:

Commencing at the point of intersection of the first standard parallel north, Gila and Salt River Guide meridian, with the east boundary of Arizona; which point is the southeast corner of Apache county; thence due west along such parallel to its intersection with the center of the Black river; thence in a general southwesterly direction down the center of such river to its intersection with the east boundary of the White Mountain or San Carlos Indian reservation as defined by the resurvey of 1915; thence due south along the east boundary line of the Indian reservation to the southeast corner of such Indian reservation, as established under instructions from the United States surveyor general of Arizona in the year 1883; thence in a south southeasterly direction in a direct line to the highest point of Thumb Butte; thence in a southerly direction following the boundary survey of 1912 to the summit of the north end of the Peloncillo range of mountains; thence in a general southeasterly direction along the summit of such range, as defined by the survey of 1912, to its intersection with the north boundary line of Cochise county, such point of intersection being the township line between townships eleven and twelve south, Gila and Salt River Guide meridian; thence east along the north boundary line of Cochise county to its intersection with the east boundary of Arizona, which point of intersection is the northeast corner of Cochise county; thence north along the east boundary of Arizona to the place of beginning.

§ 11-109 Maricopa county

Maricopa county, the county seat of which is Phoenix, is bounded as follows:

Commencing at a point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the northwest corner of Pima county; thence north on such survey line and along the east boundaries of Yuma and La Paz counties to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as surveyed, intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924; thence east on the thirty-fourth parallel north latitude, as defined, and along the southern boundary of Yavapai county to the point where the Hassayampa river intersects such parallel; thence southeast in a direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line following the Thompson survey of 1924 to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on such parallel to the point where the parallel as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly along the summit of the Mazatzal range of mountains to the point where such range of mountains intersects the centerline of the Salt river; thence easterly up the Salt river to the mouth of Tonto creek; thence southerly in a direct line toward a mountain known as the "Water Shed," and along the western boundary of Gila county to the point where such line and boundary intersects the north line of township one north; thence west on the north line of township one north and along the northern boundary of Pinal county to the point where such line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to the point where such line intersects the southern line of township two south; thence west on such line to the point where such line intersects the Gila river; thence northerly and westerly down the Gila river to the point where the river intersects the eastern line of range one east, being the northwest corner of Pinal county; thence south on such line to the point where such line intersects the second standard parallel south, being the southwest corner of Pinal county; thence west on such parallel to the point where it intersects the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, being the place of beginning.

§ 11-110 Mohave county

Mohave county, the county seat of which is Kingman, is bounded as follows:

Commencing at a point on the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel north latitude where such boundary line intersects Kanab creek, being the northwest corner of Coconino county; thence west on the Utah and Arizona boundary to the western boundary line of Arizona; thence southerly and on the western boundary line of Arizona and down the main channel of the Colorado river to Davis dam; thence following the state boundary as defined in the Arizona-Nevada and Arizona-California boundary compacts to the mouth of the Bill Williams' river; thence up the Bill Williams' river to the junction of Bill Williams' river and the main channel of the Santa Maria river; thence up the Santa Maria river to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908, intersects the main channel of the Santa Maria river; thence north on the meridian as surveyed and along the western boundary line of Yavapai county to its intersection with the south boundary line of Coconino county; thence continuing along this alignment to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined, intersects the Colorado river; thence up the Colorado river to the mouth of Kanab creek; thence up Kanab creek to the point where such creek intersects the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude, the place of beginning.

§ 11-111 Navajo county

Navajo county, the county seat of which is Holbrook, is bounded as follows:

Commencing at the northeast corner of Coconino county; thence east following the Utah and Arizona boundary to the one hundred tenth degree of west longitude; thence south to the former southwest corner of the Navajo Indian reservation, as established by presidential executive order dated January 6, 1880; thence east to the point intersecting the line between ranges twenty-three and twenty-four east of the Gila and Salt River Guide meridian; thence south along such range line to its intersection with the north boundary line of Graham county; thence west along the northern boundary line of Graham county to its intersection with the east boundary line of Gila county, which is the one hundred tenth degree of west longitude; thence north to intersect with the thirty-fourth degree of north latitude; thence west to intersect with the meridian of one hundred ten degrees forty-five minutes west longitude; thence north to the place of beginning.

§ 11-112 Pima county

Pima county, the county seat of which is Tucson, is bounded as follows:

Commencing at the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the southwest corner of Maricopa county; thence east on such parallel and along the southern boundaries of Maricopa and Pinal counties to the point where such parallel intersects the eastern line of range eighteen east, being the southeast corner of Pinal county; thence south on such range line and along the western boundaries of Graham and Cochise counties to a point six miles north of the point at which the fourth standard parallel south intersects such boundary line; thence due west forty-two miles to the intersection of the line between ranges eleven and twelve east, such point being near the Bustamante ranch as it existed in the year 1899 on Sopori creek; thence due south fourteen miles; thence due west twelve miles to a point; thence due south to the southern boundary line of Arizona; thence westerly and northerly on such boundary line to the point where such boundary line intersects the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, being the southeast corner of Yuma county; thence north along such meridian line to the point where such meridian line intersects the second standard parallel south, the place of beginning.

§ 11-113 Pinal county

Pinal county, the county seat of which is Florence, is bounded as follows:

Commencing at the point where the eastern line of range one east intersects the second standard parallel south, being the southeast corner of Maricopa county; thence east on such parallel to the point where such parallel intersects the eastern line of range eighteen east; thence north on the eastern line of range eighteen east to the point where such line intersects the Gila river; thence down the Gila river to the junction of the Gila river with the San Pedro river; thence in a direct line to a point two hundred fifty yards west of the place where the "Mineral Creek Mill" stood on February 8, 1881; thence in a direct line to a mountain known as the "Water Shed," which lies about a half mile east of Pinal ranch; thence to a point where the northern line of township one north intersects a direct line between the Water Shed mountain and the mouth of Tonto creek; thence west on the north line of township one north and along the southern boundary of Maricopa county to the point where such line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to the point where such line intersects the southern line of township two south; thence west on such line to the point where such line intersects the Gila river; thence down the Gila river to the point where such river intersects the eastern line of range one east; thence south on such line to the point where such line intersects the second standard parallel south, the place of beginning.

§ 11-114 Santa Cruz county

Santa Cruz county, the county seat of which is Nogales, is bounded as follows:

Commencing on the international boundary line between the United States and the Republic of Mexico, at the point where the eastern line of range eighteen east of the Gila and Salt River Guide meridian touches the international boundary line; thence north along the eastern line of range eighteen east to a point where said line intersects the south boundary line of the San Ignacio del Babacomari land grant; thence east along the south line of said land grant approximately one-half mile, to a point due south of the intersection of the east line of range eighteen east with the north boundary line of the San Ignacio del Babacomari land grant; thence north through the aforesaid intersection point on the north line of said land grant along the eastern line of range eighteen east to a point six miles north of the fourth standard parallel south; thence due west forty-two miles to the intersection of the line between ranges eleven and twelve east, such point being near the Bustamante ranch as it existed in the year 1899 on Sopori creek; thence due south fourteen miles; thence due west twelve miles to a point; thence due south to said international boundary line; thence easterly along said international boundary line to the place of beginning.

§ 11-115 Yavapai county

Yavapai county, the county seat of which is Prescott, is bounded as follows:

Commencing at the point where the thirty-fourth parallel of north latitude, as defined by the Thompson survey of 1924, and the summit of the Mazatzal mountains intersect; thence northerly along the summit of the Mazatzal mountains to the summit of the mountain known as and called "North Peak;" thence due west to the center of the channel of the Verde river; thence northerly along the center of the channel of the Verde river to the center of the channel of the mouth of Fossil creek; thence up Fossil creek along the center of the channel to the east line of range seven east, Gila and Salt River Guide meridian; thence north on such line to the fourth standard parallel north; thence west along such parallel to the east line of range five east; thence north on such line to the north line of township eighteen north; thence west on such line to the Gila and Salt river meridian; thence north on such meridian to the fifth standard parallel north; thence west on such parallel to the east line of range two west; thence north on such line to a point one mile north of the center of the right-of-way of the Atchison, Topeka & Santa Fe railway as it existed in 1891; thence westerly in a line one mile north and parallel with the center of the right-of-way to the meridian of one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908; thence south along the meridian line as surveyed and along the eastern boundaries of Mohave and La Paz counties to the point where such meridian line intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924, being the northwest corner of Maricopa county; thence east on the thirty-fourth parallel north latitude, as defined, and along the northern boundary of Maricopa county to the point where the Hassayampa river intersects such parallel; thence southeasterly in a direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line, following the Thompson survey of 1924, to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on the thirty-fourth parallel north latitude, as surveyed, to the summit of the Mazatzal mountains, the point of beginning.

§ 11-116 Yuma county

Yuma county, the county seat of which is Yuma, is bounded as follows:

Commencing at the point where a meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the southern boundary line of the state of Arizona, being the southwestern corner of Pima county; thence north on the meridian, as defined, and along the western boundaries of Pima and Maricopa counties to the Gila and Salt river base line; thence west along said base line to a line common to ranges 16 and 17 west, Gila and Salt river base and meridian; thence north along said range line to the line common to townships 1 and 2 north; thence west along said township line to the line common to ranges 19 and 20 west; thence south along said range line to the line common to townships 4 and 5 south; thence west along said line to the west boundary of the state of Arizona; thence south along the west boundary of the state of Arizona to the southwest corner of the state of Arizona; thence easterly and southerly along the southern boundary line of the state of Arizona to the point of beginning.

§ 11-117 La Paz county

La Paz county, the county seat of which is Parker, is bounded as follows:

Commencing at the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908 and the Atwood survey of 1918, intersects the main channel of the Santa Maria river, being the southeast corner of Mohave county; thence south on the meridian, as defined, and along the western boundaries of Yavapai and Maricopa counties to the Gila and Salt river base line; thence west along said base line to the line common to ranges 16 and 17 west, Gila and Salt river base and meridian; thence north along said range line to the line common to townships 1 and 2 north; thence west along said township line to the line common to ranges 19 and 20 west; thence south along said range line to the line common to townships 4 and 5 south; thence west along said line to the west boundary of the state of Arizona; thence north along the Colorado river and the west boundary of the state of Arizona, as defined by the Arizona-California boundary compact, to the junction of the Colorado river and the Bill Williams' river; thence easterly up the Bill Williams' river and along the southern boundary of Mohave county to the Santa Maria river; thence up the Santa Maria river and the southern boundary of Mohave county to the point of beginning.

Article 2 Boundary Disputes

§ 11-121 Action to determine boundary

When a dispute arises between two counties respecting the location of the boundary line between such counties, or when the boundary line between two counties is so indefinite as to make it impossible to determine where the county line is, and a portion of territory by reason of the indefinite description is claimed by two counties, either county may commence an action against the other in the supreme court for the purpose of having the boundary line determined.

§ 11-122 Survey of boundary

At any time before the final hearing of the action, the court may order a survey to be made of the disputed boundary line by the state engineer or by such other surveyor as it designates, and it may direct maps and drawings of the survey to be made, the expense to be borne by the two counties equally, or in such proportion as the court directs. The court may direct a further survey to be made if necessary.

§ 11-123 Judgment

The judgment of the court shall define and designate the true boundary between the two counties, and shall direct that it be marked in such manner as the court deems proper, and the cost of the marking shall be borne by the two counties equally, or in such proportions as the court directs.

Article 3 Formation of Counties

§ 11-131 Definitions

In this article, unless the context otherwise requires:

1. "Affected county" means each existing county affected by a proposed formation of new counties.

2. "Assessed valuation" means the net assessed valuation used for purposes of levying primary property taxes for the tax year immediately preceding the filing of the petition for the formation of counties.

3. "Commission" means the county formation commission established pursuant to section 11-136.

4. "New county" means a county which has been approved by the voters at an election on formation held pursuant to section 11-137.

5. "Privately owned land" includes all lands other than federal, Indian, state, county, municipal and other governmental lands which are exempt from taxation under article IX, section 2, Constitution of Arizona.

6. "Proposed county" means a county proposed by petition pursuant to section 11-133 to be formed from an affected county or counties but before an election on formation is held pursuant to section 11-137. The term applies to each territory proposed as a county including the county in which an existing county seat is proposed to be located.

§ 11-132 Methods of formation; requirements

A. Counties may be formed or divided either by legislative enactment, by statewide initiative pursuant to article IV, part 1, section 1, Constitution of Arizona, or by county initiative pursuant to this article. The requirements of this article, however, do not apply to counties formed or divided by legislative enactment or by statewide initiative.

B. A county shall not be formed or divided by county initiative pursuant to this article unless each proposed county would have all of the following qualifications:

1. At least three-fourths of one per cent of the total state assessed valuation and at least the statewide per capita assessed valuation.

2. A population of at least three-fourths of one per cent of the total state population according to the most recent United States decennial census.

3. At least one hundred square miles of privately owned land.

4. Common boundaries with either:

(a) At least three other existing or proposed counties.

(b) At least two other existing or proposed counties and the state boundary.

§ 11-133 Petition; contents

A. The division or formation of counties pursuant to this article shall be initiated by petition. The petition shall be addressed to the secretary of state and shall contain:

1. The name and address of the person or organization proposing the formation of new counties.

2. The name of the affected county or counties.

3. A description of the boundaries of the proposed counties and a statement that the boundaries are subject to review and final determination by the county formation commission.

4. A statement of the approximate assessed valuation in each proposed county and the source of those data.

5. A statement of the approximate population in each proposed county and the source of those data.

6. A statement of the approximate total land area and privately owned land area in square miles of each proposed county.

7. A request to begin proceedings for the formation of new counties.

B. The petition must be signed by qualified electors who are equal in number to at least twenty per cent of the number of registered voters of each affected county as of January 1 following the last general election. Each petitioner shall include his printed name, his address and the date of signing.

§ 11-134 Notice of intention to circulate petitions

A. Before circulating a petition for the formation of new counties, the proponents shall file a notice of intention to do so with the secretary of state who shall transmit a copy to the clerk of the board of supervisors of each affected county. The notice shall include a written statement which does not exceed five hundred words and states the objectives to be achieved by forming the new counties.

B. The secretary of state shall immediately cause the notice to be published once each week for three consecutive weeks in a newspaper of general circulation in each affected county. The clerk of the board of supervisors in each affected county shall also post the notice in a public location in the county seat.

C. The petition for the formation of new counties shall not be circulated for signatures until thirty days after the notice of intention is filed with the secretary of state.

§ 11-135 Filing of petition; review; certification of results

A. Completed petitions shall be filed with the secretary of state. All copies and counterparts of the petition shall be filed at the same time.

B. The secretary of state shall not accept the petition unless the signatures have been obtained and the petition is submitted for filing, within two hundred seventy days after the filing of the notice of intention to circulate petitions. If the petition does not meet this requirement, the petition is insufficient and the secretary of state shall file it as a public record without prejudice to the filing of a new petition and immediately notify the person or organization proposing the new counties stating the reason for the insufficiency.

C. On receipt of a petition which meets the requirements of subsection B, the secretary of state shall immediately transmit a copy to the county recorder of each affected county with an order to examine the signatures from his respective county within twenty days. The recorder shall compare the names of a random sampling of at least five per cent of the persons from his county signing the petition with the county registration records and certify the results to the secretary of state.

D. After the secretary of state receives the results from all affected county recorders, he shall determine whether the petition is sufficient. If the petition is insufficient, the secretary of state shall immediately notify by certified mail the person or organization proposing the formation of the new counties and the clerk of the board of supervisors of each affected county stating the reason for the insufficiency and file the petition as a public record without prejudice to the filing of a new petition. If the petition is sufficient, the secretary of state shall immediately transmit copies of his certification to the person or organization proposing the new counties, the clerk of the board of supervisors of each affected county, the president of the senate, the speaker of the house of representatives, each legislator whose district is in an affected county, the attorney general and the governor.

E. A petition may not be filed under this section within three years of the date of certification of a prior petition which included in its description of boundaries for a proposed county any territory which is the subject of the new petition.

§ 11-136 County formation commission

A. Within fifteen days of receipt of certification of the petition pursuant to section 11-135, subsection D, the governor shall appoint a county formation commission of three members, none of whom may reside in an affected county and no more than two of whom may be members of the same political party. At least one of the appointees must be a member of the state bar of Arizona, at least one of the appointees must be a certified public accountant and at least one of the appointees must have experience in property valuation and appraisal procedures. The governor shall designate one member to act as chairman. Members of the commission are entitled to receive compensation of one hundred dollars for each day engaged in the service of the commission plus reimbursement for travel and subsistence expenses pursuant to title 38, chapter 4, article 2. The commission may employ or contract for such clerical and professional staff services as may be necessary to perform its functions. The initial meeting of the commission shall be held at the call of the chairman within ten days after notice and acceptance of the members' appointment. No member, employee, agent or representative of the commission may use or promise to use any official authority or influence for the purpose of influencing the outcome of the proposed formation of new counties.

B. The commission shall consider and determine:

1. The fiscal impact of the proposed county formation and the economic viability of the proposed counties, including the costs of the proceedings to form the counties and potential disruptions and delays in delivery of federal and state aid and payments to the proposed counties.

2. The comparative costs of providing services in the affected county or counties and each proposed county.

3. The projected revenues available to the affected county or counties and each proposed county.

4. The final boundaries of the proposed counties.

5. A procedure for the orderly and timely transfer of service functions and responsibilities from the affected county or counties to each proposed county.

6. The division of each proposed county into supervisorial districts.

7. The proposed transfer, division and apportionment between the proposed counties of all real and personal property, valued at replacement cost less depreciation, and cash accounts owned by the affected county or counties.

8. Bonds and other indebtedness of the affected county or counties which are outstanding or authorized and other contracts and obligations of the affected county or counties which would be divided, apportioned and assumed by the proposed county or counties.

9. Estimated taxes, assessments or other authorized charges necessary in each proposed county to meet these liabilities in the first full fiscal year after the proposed county or counties are formed.

10. Each community college district, school district and special taxing district within the affected county or counties.

11. The indigent population of the proposed county or counties, determined as of the commission's initial meeting, for purposes of the Arizona health care cost containment system.

C. At any time before the final commission hearing the commission shall receive written requests to modify the boundaries of the proposed counties from any real property owner or registered voter in a proposed county. Such a request must contain sufficient information to identify the property or territory affected by a proposed modification and state the reasons for the request. The commission shall not change the boundaries described in the petition filed with the secretary of state unless modification is necessary in the interest of public convenience and necessity or to maintain an existing community of interest. The boundaries of a proposed county shall not pass through or divide an incorporated city or town or, if practicable, a special taxing district established under title 48 which receives financial assistance from the county. If possible, the boundaries shall be set along existing survey lines or political or administrative boundaries. The requirements of section 11-132, subsection B apply to proposed counties formed by the final boundaries prescribed by the commission.

D. In the case of a countywide district, a district which receives financial assistance from the county or which is governed by the affected county's board of supervisors, the auditor general shall audit and inventory the district's assets and liabilities and, if necessary, determine a fair and equitable division of them between the proposed counties.

E. All officers and employees of an affected county and all state agencies shall cooperate with, perform any functions required by and produce any books, records or other documents of the county requested by and necessary for the commission to perform its duties.

F. Within one hundred eighty days after notice and acceptance of the members' appointments the commission shall adopt a report and summary of its findings and its determination of the final boundaries of each proposed county. The commission shall transmit copies of the report to the person or organization proposing the county boundary changes, the secretary of state, the governor, the attorney general, the clerk of the board of supervisors of each affected county, the president of the senate, the speaker of the house of representatives and each legislator whose district is in an affected county.

G. The findings and determinations of the commission are the terms and conditions of the formation of the proposed counties. Except as otherwise authorized by this article, those terms and conditions are final and binding in each affected county and in each new county if the new counties are established pursuant to this article.

§ 11-137 Election on formation of new counties

A. The secretary of state shall call a special election in the affected county or counties for the approval or disapproval of the proposed new county or counties. The election shall be held on the eighth Tuesday following the issuance of the commission's report under section 11-136, subsection F, except that an election shall not be held between January 1 and the general election date in a year in which the president of the United States is elected.

B. The notice of the election shall:

1. State that the proposal is to establish:

(a) A new county or counties according to the determination of and terms and conditions prescribed by the commission in its report.

(b) A county distribution board to determine and accomplish the division of and payment for the property of the affected county or counties as provided in section 11-143.

2. State the boundaries of the proposed county or counties.

3. State that, if the proposed county or counties are approved, the county names and county seats will be determined pursuant to section 11-141 and that county officers will be chosen at the next regular primary and general elections for county officers pursuant to section 11-140.

4. Designate the date of the election.

5. Designate the election precincts and places where the polls will be open as established by the board of supervisors of each affected county and the secretary of state under subsection G of this section.

6. Name the election officers of the several precincts.

C. The notice of the election shall be published at least twice in a newspaper of general circulation in each of the affected counties.

D. The secretary of state shall cause to be printed and at least ten days before the election shall mail to each registered voter household in each affected county a publicity pamphlet containing the notice of election prescribed by this section, a sample election ballot and the summary of the commission's report prepared pursuant to section 11-136, subsection F. Not later than forty days before the election a person may file with the secretary of state an argument, not exceeding two hundred words in length, advocating or opposing the formation of the proposed new county or counties. Each argument must be signed by the person, or the officers of the organization, sponsoring it and accompanied by a fee of two hundred dollars. The person or persons signing the argument shall identify themselves by giving their residence or post office address. The publicity pamphlet shall include each argument so filed.

E. The ballot shall state "Shall new counties be established from existing __________ (county or counties) as prescribed in the report of the county formation commission, including the establishment of a distribution board to estimate taxes to be levied for the distribution of county assets, liabilities and records?" followed by spaces designated "yes" and "no" in which the voter may indicate his vote for or against the proposition. Except as otherwise provided and as far as practicable, the secretary of state shall conduct the election and canvass the returns in the same manner as general elections. If there is only one affected county and as is otherwise practicable, the secretary of state may delegate election responsibilities under this section as he deems appropriate to the board of supervisors.

F. Registered voters are entitled to vote in the election. Any person eligible to register who is not registered may register with the county recorder up to twenty-nine days before the election.

G. If necessary for purposes of the election, the secretary of state may order the board of supervisors of an affected county to change the boundaries of election precincts in its county to conform to the boundary between proposed counties. If the precinct boundaries are changed, the secretary of state shall notify the attorney general to initiate proceedings to determine compliance with applicable federal laws under section 11-139, and the election date may be postponed accordingly.

H. On the second Monday following the election the secretary of state shall canvass the returns. The proposition to form the new counties is approved only if a majority of the votes cast in each proposed new county favors the proposition.

I. The secretary of state shall immediately make an order declaring the result and transmit copies of the order to the clerk of the board of supervisors of each affected county, the governor, the attorney general, the president of the senate, the speaker of the house of representatives and each legislator whose district is in an affected county.

§ 11-138 Report by political action committees

A political action committee, as defined in section 16-901, promoting or opposing the formation of new counties under this article shall register with and report to the secretary of state and otherwise comply with the requirements of title 16, chapter 6 regarding the election under section 11-137.

§ 11-139 Compliance with federal law

If the formation of new counties is approved by an election pursuant to section 11-137, the attorney general shall immediately initiate proceedings to determine compliance with applicable federal laws. The commission, with the concurrence of the attorney general, may correct minor deficiencies in order to achieve compliance, but if it is finally determined that the formation of the new county or counties does not comply with applicable federal laws, the proceedings under this article regarding those counties are terminated, the new county or counties shall not be formed and the affected county or counties shall continue in existence.

§ 11-140 Election of county officers

A. County officers of new counties, except clerk of the superior court, shall be nominated and elected at the next regular primary election and general election at which the president of the United States is elected following the election on formation. County officers shall not be elected for the affected county or counties at those elections. The initial clerk of the superior court of each new county shall be appointed under section 11-142, subsection E.

B. The secretary of state shall order, conduct and canvass the elections pursuant to title 16 so far as practicable and may:

1. If there is only one affected county, delegate the election responsibilities under this section as he deems appropriate to its board of supervisors.

2. Order the revision of precinct boundaries as may be necessary from those used in the election on formation.

3. Assign a nondescriptive designation to a new county for purposes of conducting the elections pending the selection of a county name pursuant to section 11-141.

C. Except for the purposes prescribed in section 11-142, all county officers elected at the election hold office from January 1 following the election until the times provided by general law for the next election and qualification of such officers and until their successors are elected and qualified.

§ 11-141 Determination of names and county seats of new counties

A. The new county in which the county seat of an affected county is located shall retain the name of the affected county. The county seat of an affected county shall continue as the county seat of the new county in which it is located. If no county seat is located in a new county, or if two or more county seats are located in the same new county, the name and county seat of that county shall be determined pursuant to this section at the general election for the election of county officers.

B. If five per cent of the qualified electors of a new county petition the secretary of state at least sixty days before the general election suggesting a name for or county seat of the county, the secretary of state shall order the name or county seat nomination placed on the general election ballot. If no name or county seat or only one name or county seat is so nominated, the governor shall nominate a name or names or municipality or municipalities as county seat so there will be two choices for each question on the ballot.

C. A plurality of the votes cast on the questions so submitted shall determine the county name and county seat.

§ 11-142 Organization of new county; powers and duties of county officers pending organization

A. A new county approved pursuant to this article is officially organized and exists and the affected county or counties are officially terminated from and after December 31 following the election of county officers pursuant to section 11-140. The affected county or counties shall continue to provide necessary services through December 31.

B. After the canvass of the election of county officers the initial board of supervisors and other officers of each new county shall begin the organization of their respective counties. Any action taken before January 1 is merely preparatory in nature but shall be confirmed on the official organization of the county. For these purposes, and according to the determination of the commission, the county officers may arrange for:

1. Employing and terminating personnel.

2. Purchasing or otherwise acquiring and disposing of property.

C. Before January 1 the boards of supervisors of the new counties may enter into contracts, including intergovernmental agreements pursuant to chapter 7, article 3 of this title, to become effective January 1.

D. The budgets of the new counties for the period before the first full fiscal year after the establishment of the new county governments shall be set by the distribution board, derived from the budget of the affected county or counties and apportioned among the new counties according to their respective populations.

E. The governor shall appoint a clerk of the superior court in each new county to hold office until the time provided by general law for the next election and qualification of an elected clerk of the court. Legal actions pending at the time of organizing new counties shall be transferred or otherwise disposed of pursuant to sections 12-402 and 12-403.

F. All ordinances, codes and rules of the affected county continue in effect, apply to and shall be enforced by the new county until revoked or superseded by ordinances, codes or rules adopted by the new county.

§ 11-143 Distribution board

A. After the new county or counties are organized a special district governed by a distribution board is established consisting of the territory of the formerly existing affected county or counties. The function of the distribution board is to determine and accomplish the division, transfer and distribution of and payment for the property, assets, liabilities and records of the affected county or counties. The distribution board consists of two members elected at large from each new county plus the chairman of the county formation commission who shall act ex officio as the chairman of the board with the power to vote. The elective members shall be elected by nonpartisan ballot at the general election for the election of county officers pursuant to section 11-140. The names of candidates shall be placed on the general election ballot by petition pursuant to section 16-341 as it applies to county officers. The two candidates receiving the most votes in each new county are elected. If for any reason two members are not elected from a new county, the board of supervisors of the new county shall appoint a member or members as necessary so that the new county has two representatives on the distribution board. Elective members of the distribution board are entitled to compensation for their services determined pursuant to section 38-611. The chairman of the distribution board is entitled to compensation for services determined pursuant to section 11-136, subsection A. The distribution board is established and exists for two years beginning January 1 following the election of county officers pursuant to section 11-140 and terminating for all purposes from and after December 31 of the second calendar year following that election. The term of office for elective members and the chairman is for the duration of the distribution board's existence. A vacancy on the distribution board shall be filled by appointment by the respective county board of supervisors or by the governor in the case of the chairman. Elective county officers of the new counties shall provide the distribution board with necessary information and assistance to enable the distribution board to carry out its responsibilities under this section.

B. In the final annual budget of the affected county adopted pursuant to title 42, chapter 17, article 3, the board of supervisors shall include an amount for the operation of the distribution board during its first year of operation including legal, appraisal, survey and other costs. When collected, that amount shall be segregated and paid to the distribution board on the date of its organization. Taxes and federal, state and all other monies payable to the affected county after its termination and monies in the affected county's treasury shall be paid to the distribution board which shall account for the monies received according to their source. The distribution board shall pay all monies collected to the respective new county from or on behalf of which the monies were collected.

C. The distribution board shall annually estimate an amount to be levied as a tax on all the taxable property in the district to pay the distribution board's costs of administration and operation and to compensate any new county for property and other assets to which it is entitled under the terms of the transfer, division and apportionment of property as prescribed by the commission but which cannot be physically conveyed to the new county. On or before June 30 each year the distribution board shall certify to the board of supervisors of each new county the amount of taxes necessary to be levied for these purposes, and the board of supervisors shall levy and cause that amount to be collected as secondary taxes at the same time and in the same manner as levying and collecting general county taxes. The money so collected shall be paid to the distribution board which shall account for and expend the monies according to the purposes prescribed by this section. Any amounts remaining in the operating account of the distribution board on the date of its termination shall be paid to the new counties in proportion to their respective assessed valuation. Any amounts collectible by the distribution board on the date of its termination shall be collected by the respective new county in which they were assessed and paid to the state treasurer. The state treasurer shall hold these monies in trust for and pay them monthly to the respective new county on behalf of which they were collected according to the records of the distribution board.

D. The distribution board shall:

1. Establish a method to divide, apportion and assign to the respective new counties the liability for payment of any amounts which come due on account of:

(a) Bonds or other indebtedness of the affected county or counties which are outstanding or authorized when the affected county or counties are terminated.

(b) Other contracts and obligations, including employee compensation, of the affected county or counties.

(c) Indebtedness, contracts and other obligations of the distribution board.

2. Transfer, divide and apportion between the new counties all real and personal property and cash accounts of the affected county or counties as prescribed by the commission, compensating any new county for property which cannot be physically conveyed.

E. All records of an affected county shall, on its termination, be immediately transferred to the possession and custody of the distribution board. As soon as practicable the distribution board shall divide and transfer these records to the respective new county as appropriate. The records which would or should have been made in a new county, if it had been organized at the time of making the records, shall be transferred to that new county. The distribution board shall allow access to and inspection and transcription of county records by any person otherwise authorized by law to inspect or transcribe the particular records. If a transcript is made and properly verified and deposited, it has the same validity and effect as the original.

F. Before the distribution board is terminated the auditor general shall audit all of the distribution board's records and transmit the results of the audit to the board of supervisors of each new county and to the legislature. The costs of this audit shall be included in the distribution board's final budget and paid from the final tax levy for the distribution board.

§ 11-144 Resolution of disputes; appeals; termination of commission

A. After the formation of new counties is approved pursuant to the election held under section 11-137 the commission shall act to resolve disagreements involving terminating and transferring the affairs of the affected county or counties, community college, school districts and special taxing districts and actions of the distribution board and may hear disputes, render opinions and issue orders. Pending an appeal, an opinion or order of the commission has the same legal effect with respect to the county officers and state officials as an attorney general opinion has with respect to state officers and agencies.

B. A person aggrieved by a determination, opinion or order of the commission made pursuant to any provision of this article may appeal to the supreme court, and the hearing and determination of the appeal shall be given a priority.

C. The commission shall complete its work not later than December 31 of the second year following the organization of the new county or counties, from and after which date the commission is terminated.

§ 11-145 Payment of costs of county formation

A. All costs of the secretary of state and of the commission under this article are charges against the affected county or counties before their termination and against the new counties after their organization. Costs which can be identified with a specific county shall be charged against that county, but otherwise the costs shall be apportioned between the counties according to their respective assessed valuations.

B. All claims for payment shall be made through the secretary of state to the department of administration. Each month the department of administration shall certify the amounts of the claims to the state treasurer and the treasurer shall withhold and pay the amounts from the monies otherwise payable to the respective counties under section 42-5029, except that the amount withheld shall not exceed one-half of the amount payable to the county in any month. The treasurer shall continue to withhold monies from county payments until all claims under this article are satisfied.

Article 4 Change of County Seat

§ 11-171 Petition for change of county seat

When a petition, signed by qualified electors of a county equal in number to at least thirty-three and one-third per cent of all the votes cast within the county for governor in the last preceding general election, is filed with the board of supervisors praying for a change of the county seat, the board shall submit the question of such change to the qualified electors of the county at a special election to be held for that purpose, or at the next general election of county officers. The petition for the change shall be substantially in the form, and signed and verified as generally provided for initiative petitions.

§ 11-172 Hearing on petition; notice

When the petition is filed, the board shall fix a time for a public hearing upon the petition and the clerk shall give notice thereof by publication in such newspapers published in the county as designated by the board, not exceeding three, at least once in each week for two weeks, the first publication to be at least two weeks before the date of hearing, and by posting a copy of the notice in the post office in each incorporated city or town in the county, and at some public place in each election precinct of the county.

§ 11-173 Review of petition; order for election

At the time specified in the notice, the board shall meet and inquire into and determine the sufficiency of the petition and the validity of the signatures thereto. If the petition is found sufficient and signed by the required number the board shall make an order directing that a special election be held to submit to the electors of the county the question of the change of the county seat, and, if so, to what place it shall be moved. The board shall fix the time of holding the election, which shall be held not less than thirty nor more than ninety days after making the order. If, however, a general election is to be held in the county within six months after making the order, the board shall order that the questions be submitted at the next general election.

§ 11-174 Form of ballot

The ballot shall submit the question: "Shall the county seat be changed," "yes" followed by a square and "no" followed by a square, and shall also submit the place or places to which the county seat is proposed to be moved, with a square following each place entitled to be printed on the ballot for the voter to indicate his choice.

§ 11-175 Petition to place city or town on ballot; designation of site for courthouse required

The name of a city or town in the county shall be printed upon the ballot if there has been filed at least twenty days before the election a petition signed by qualified electors of the county equal in number to at least five per cent of the total number of votes cast within the county for governor at the last preceding general election, praying that the name of such city or town be placed on the ballot. Before the name of a city or town may be printed on the ballot, the chief officer and governing body of the city or town shall file with the board a statement signed by the chief officer designating one or more sites for the proposed courthouse, which shall be in or conveniently near the city or town, and shall describe the area of each site and the price at which each can be obtained, together with an offer from the owner agreeing to sell at such price. If any such city or town is chosen as the county seat, the board shall purchase one of the sites so designated, if suitable for construction of the courthouse, at a price not exceeding the sum mentioned in the statement.

§ 11-176 Canvass of votes; determination of election result

The board shall meet on the second Monday after the special election, or at the time fixed by law after a general election, and canvass the votes upon the questions. If sixty per cent or more of the votes cast upon the question favor the change, and if a city or town has received a majority of the votes cast at the election, the board shall thereupon issue its order declaring the county seat removed, that the city or town so receiving the majority of the votes cast shall thereafter be the county seat of the county, and that as soon as practicable, all public records be removed thereto.

§ 11-177 Special election to determine new location

If the votes cast favored the change, but no city or town received a majority vote, the board shall thereupon enter an order directing a special election to be held for the purpose of determining the location of the county seat, which shall be held not less than thirty nor more than sixty days from the date of the order. The election shall be for the purpose of determining which of the two places receiving the highest number of votes at the preceding election shall be the county seat, and only the names of such two places shall be placed upon the ballot. On the second Monday after the election the board shall meet and canvass the votes and thereupon enter an order directing that the county seat be moved to the city or town receiving the highest number of votes.

§ 11-178 Limitation on change of county seat

When a county seat has been changed as provided by this article, no election shall be held for a further change for twelve years thereafter. When at the election the proposal for a change of the county seat fails, no subsequent election for a change of the county seat may be held within six years thereafter.

Chapter 2 Board of Supervisors

Article 1 Preliminary Provisions

§ 11-201 Powers of county

A. The powers of a county shall be exercised only by the board of supervisors or by agents and officers acting under its authority and authority of law. It has the power to:

1. Sue and be sued.

2. Purchase and hold lands within its limits.

3. Make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers.

4. Make such orders for the disposition or use of its property as the interests of the inhabitants of the county require.

5. Levy and collect taxes for purposes under its exclusive jurisdiction as are authorized by law.

6. Determine the budgets of all elected and appointed county officers enumerated under section 11-401 by action of the board of supervisors.

B. Except for the purposes of acting as an intermediary in a license transfer or sale, a county shall not own a commercial cable television system or any other pay television system.

C. Section 11-251.05, subsection A, paragraph 1 does not authorize a county to levy and collect taxes for any purposes beyond those otherwise specifically authorized by statute.

§ 11-202 County as corporate body; name

A. Each county is a body politic and corporate, possessing all the powers expressly provided in the constitution or laws of this state and such powers as are necessarily implied therefrom.

B. The name of the county designated in article 1, chapter 1 of this title is its corporate name by which it shall be known and designated in all actions and proceedings.

Article 2 General Provisions

§ 11-211 Membership; qualifications; term

A. There shall be in each county having a population of one hundred seventy-five thousand or more persons a board of supervisors consisting of five members who shall be qualified electors of their supervisorial district, and who shall be elected at a general election at which the president of the United States is elected. In each county having a population of less than one hundred seventy-five thousand persons, a board of supervisors shall consist of three members, except as prescribed by subsection B or C of this section, who shall be qualified electors of their supervisorial district and who shall be elected at a general election at which the president of the United States is elected. They shall enter on their duties on January 1 subsequent to their election, and shall hold office for four years. No person holding any other county or precinct office is eligible to the office of supervisor.

B. Any county having a population of less than one hundred fifty thousand persons but more than one hundred thousand persons shall call an election to change from a three-member to a five-member board of supervisors, or from a five-member to a three-member board of supervisors, on receipt by the board of supervisors of a petition containing signatures of qualified electors equal to at least ten percent of the votes cast in the county at the preceding general election at which a president of the United States was elected. The board shall submit to the electors in the county, at a special election called for that purpose, the question whether or not the county shall elect five members or three members to the board of supervisors. The election shall be held before the first Monday in January preceding the next general election. The ballots shall contain the words: "Five supervisors, yes. Five supervisors, no." or "Three supervisors, yes. Three supervisors, no." If the majority of the qualified electors voting on the question votes in the affirmative, the board of supervisors shall redistrict the county in accordance with section 11-212. The county shall thereafter elect the prescribed number of members to the board of supervisors who shall be elected in the manner provided in subsection A of this section and have the same qualifications as provided in subsection A of this section for a board of supervisors with a population of one hundred seventy-five thousand or more persons, and shall hold office for a term of four years to commence on January 1.

C. Any county having a population of at least one hundred fifty thousand persons but not more than one hundred seventy-five thousand persons and having a county board of supervisors that consists of three persons shall submit to the electors in the county, at the next general election after the release of the population estimate from the office of economic opportunity, the question of whether the county shall elect five members to the board of supervisors. The ballots must contain the words: "Five supervisors, yes. Five supervisors, no." If approved by a majority of the qualified electors of that county who voted on the question, the board of supervisors shall redistrict the county pursuant to section 11-212. The county thereafter shall elect at the next general election immediately following the election at which the question is approved the prescribed number of members to the board of supervisors who shall have the same qualifications as provided in subsection A of this section. The following apply to the election for the county board of supervisors prescribed in this subsection:

1. If the next general election immediately following the election at which the question is approved is held in a year that is the last year of the four-year term of the three members of the county board of supervisors who are already holding office, the five persons elected to the county board of supervisors hold office for a term of four years to commence on January 1 immediately following their election.

2. If the next general election immediately following the election at which the question is approved is held in a year that is not the last year of the four-year term of the three members of the county board of supervisors who are already holding office, the two additional persons elected to the county board of supervisors hold office for a term of four years to commence on January 1 immediately following their election. The three members of the county board of supervisors who are already holding office continue to serve their four-year terms of office without regard to whether they are residents of the newly redrawn supervisorial districts for the remainder of those four-year terms. Thereafter, members of the board of supervisors must be residents of their supervisorial district and the term of office for members of that county board of supervisors shall be staggered four-year terms.

3. For the election at which the question of whether the county shall elect five members to the board of supervisors is on the ballot, the county shall include in the publicity pamphlet an estimate of the cost to the county for each additional member to the board of supervisors.

4. For the purposes of this subsection, "population" means the population according to the annual population estimate provided by the office of economic opportunity.

§ 11-212 Supervisorial districts

The board of supervisors shall meet at the county seat on or before December 1 following the release of the United States decennial census data and divide the county into three or five supervisorial districts as provided in this article, which shall be numbered, respectively, districts one, two and three or districts one, two, three, four and five. The board shall define the boundaries and limits of each district and make the division equal or with not more than ten per cent difference in population. The county may redistrict as often as deemed necessary between each United States decennial census.

§ 11-213 Election; vacancies

A. At the general election for state and county officers, one supervisor shall be elected from each district from among those nominated at the preceding primary election. They shall be nominated and elected by the qualified electors of their respective districts. If a supervisor moves from the district from which he was elected his office shall at once become vacant.

B. When a vacancy occurs in the office of supervisor, the remaining supervisors, together with the clerk of the board of supervisors, shall fill the vacancy by appointment of a resident of the district in which the vacancy occurred.

§ 11-214 Regular and special meetings

Regular meetings of the board shall be held in the county on a working day or days of each month designated by the board. The board shall notify the public of the location and the day or days designated. Special meetings may be called by a majority of the board, or by the chairman. At least five days' notice of the special meeting shall be given to any member not joining in the call.

§ 11-215 Boards of supervisors; duty station; travel policy

A. The board of supervisors shall establish a duty station for each board member at an appropriate location in the county. For purposes of this subsection, "duty station" means the place where the board member spends the largest portion of the board member's regular workday or working time.

B. Members of the board of supervisors shall follow the county travel policy.

§ 11-216 Chairman; quorum; public sessions

A. The supervisors shall elect a chairman, who, in addition to his other duties, shall sign all orders and warrants of the board.

B. A majority of the board constitutes a quorum for the transaction of business.

C. All sessions of the board shall be public.

§ 11-217 Minutes of proceedings

A. Each board shall cause written minutes of its proceedings to be prepared pursuant to section 38-431.01.

B. The clerk of the board shall maintain and permanently preserve the official copy of the minutes in accordance with section 39-101.

C. The full minutes of proceedings, which need not be a verbatim transcript nor include exhibits, shall be made available to the public pursuant to section 38-431.01. The minutes shall also be made available at the office of the clerk of the board and the public libraries in the county.

D. The minutes shall include all demands and warrants approved by the board in excess of one thousand dollars and multiple demands and warrants from a single supplier or individual under one thousand dollars whose cumulative total exceeds one thousand dollars in a single reporting period.

§ 11-218 Subpoena of witnesses; production of books and papers

The board may, by its chairman, issue subpoenas to compel attendance of any person and the production of any records relating to the affairs of the county for examination upon any matter within the board's jurisdiction. A witness is bound to attend, when served, and to answer all questions which the witness would be bound to answer in the matter before a court. Obedience to the subpoena, or to an order to attend or to testify, may be enforced by the board, and for that purpose the board has all the powers conferred by law upon courts of record.

§ 11-219 Authority to require services of sheriff

The board may direct the sheriff to attend its meetings to preserve order, and serve subpoenas, notices or citations. Neither the officer serving subpoenas nor the witnesses are entitled to fees.

§ 11-220 Administration of oaths by board or clerk

Any member of the board or the clerk may administer oaths, but no fees shall be charged therefor.

§ 11-221 Custody and inspection of records

The books, records and accounts of the board shall be kept at the office of the clerk of the board, and in his care, and shall be open to public inspection.

§ 11-222 Pecuniary interest as bar to vote of supervisor

A supervisor shall not vote upon any measure in which he, any member of his family or his partner, is pecuniarily interested.

§ 11-223 Misconduct by supervisor; penalty

A supervisor who neglects or refuses to perform any duty imposed on him without just cause, or who wilfully violates any law provided for or relating to the office of supervisor, or fraudulently or corruptly performs any duty imposed upon him by law, or wilfully, fraudulently or corruptly attempts to perform an act as supervisor unauthorized by law, in addition to other penalties or punishment prescribed, shall forfeit to the county five hundred dollars for every such act, which may be recovered on his official bond, and is further liable on his official bond to any person injured thereby for all damages sustained.

§ 11-224 County website; required website link

Each county shall maintain a website link on the county's website to the Arizona criminal justice commission.

Article 3 Clerk of Board

§ 11-241 Appointment; duties

The board of supervisors shall appoint a clerk of the board, who shall:

1. Record all proceedings of the board.

2. Make full entries of the board's resolutions and decisions on all questions concerning the raising of money for and allowance of accounts against the county.

3. Record the vote of each member on every question upon which there is a division or at the request of any member present.

4. Sign all orders made and warrants issued by order of the board for the payment of money.

5. Record the reports of the county treasurer of the receipts and disbursements of the county.

6. Preserve and file all accounts acted upon by the board.

7. Preserve and file all petitions and record the actions of the board thereon.

8. Record all orders levying taxes.

9. Perform all other duties required by law or rule or order of the board.

Article 4 Powers and Duties

§ 11-251 Powers of board

The board of supervisors, under such limitations and restrictions as are prescribed by law, may:

1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that the officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection.

2. Divide the counties into districts or precincts as required by law, change the districts or precincts and create others as convenience requires.

3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass election returns, declare the result and issue certificates thereof.

4. Lay out, maintain, control and manage public roads, ferries and bridges within the county and levy such tax for that purpose as may be authorized by law.

5. Provide for the care and maintenance of the sick of the county, erect and maintain hospitals for that purpose and, in its discretion, provide a farm in connection with the county hospital and adopt ordinances for working the farm.

6. Provide suitable rooms for county purposes.

7. Purchase, receive by donation or lease real or personal property necessary for the use of the county prison and take care of, manage and control the property, but a purchase of real property shall not be made unless the value has been previously estimated by three disinterested citizens of the county, appointed by the board for that purpose, and not more than the appraised value shall be paid for the property.

8. Cause to be erected and furnished a courthouse, jail and hospital and other buildings as necessary, and construct and establish a branch jail, when necessary, at a point distant from the county seat.

9. Sell at public auction, after thirty days' previous notice given by publication in a newspaper of the county, stating the time and place of the auction, and convey to the highest bidder, for cash or contract of purchase extending not more than ten years after the date of sale and on such terms and for such consideration as the board shall prescribe, any property belonging to the county that the board deems advantageous for the county to sell, or that the board deems unnecessary for use by the county, and shall pay the proceeds of the sale into the county treasury for use of the county, except that personal property need not be sold but may be used as a trade-in on the purchase of personal property when the board deems this disposition of the personal property to be in the best interests of the county. If the property for sale is real property, the board shall have the property appraised by an appraiser who is licensed or certified pursuant to title 32, chapter 36. The appraiser shall establish a market value as defined in section 28-7091 for the property. The minimum acceptable bid for the purchase of the property shall be at least ninety percent of the market value, except that if the property has no market value or a net value as defined in section 28-7095, subsection F of $10,000 or less, the value of the property may be justified by a market analysis that is based on comparable sales. The notice regarding the sale of real property shall be published in the county where the property is situated and may be published in one or more other counties, and shall contain, among other things, the market value, the minimum acceptable sale price, and the common and legal description of the real property. Notwithstanding the requirement for a sale at public auction prescribed in this paragraph, a county, with unanimous consent of the board and without a public auction, may sell or lease any county property to any other duly constituted governmental entity, including the state, cities, towns and other counties. A county, with unanimous consent of the board and without public auction, may grant an easement on county property for public purposes to a utility as defined in section 40-491. A county, with unanimous consent of the board and without public auction, may sell or lease any county property for a specific use to any solely charitable, social or benevolent nonprofit organization incorporated or operating in this state. A county may dispose of surplus equipment and materials that have little or no value or that are unauctionable in any manner authorized by the board.

10. Examine and exhibit the accounts and performance of all officers having the care, management, collection or disbursement of monies belonging to the county or appropriated by law or otherwise for the use and benefit of the county. The working papers and other audit files in an examination and audit of the accounts and performance of a county officer are not public records and are exempt from title 39, chapter 1. The information contained in the working papers and audit files prepared pursuant to a specific examination or audit is not subject to disclosure, except to the county attorney and the attorney general in connection with an investigation or action taken in the course of their official duties.

11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be drawn on the county treasurer for that purpose and provide for issuing the warrants.

12. Levy such tax annually on the taxable property of the county as may be necessary to defray the general current expenses thereof, including salaries otherwise unprovided for, and levy such other taxes as are required to be levied by law.

13. Equalize assessments.

14. Direct and control the prosecution and defense of all actions to which the county is a party, and compromise them.

15. Insure the county buildings in the name of and for the benefit of the county.

16. Fill by appointment all vacancies occurring in county or precinct offices.

17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses thereof.

18. With the approval of the department of health services, contract with any qualified person to provide all or part of the health services, funded through the department of health services with federal or state monies, that the board in its discretion extends to residents of the county.

19. Contract for county printing and advertising, and provide books and stationery for county officers.

20. Provide for rebinding county records, or, if necessary, the transcribing of county records.

21. Make and enforce necessary rules and regulations for the government of its body, the preservation of order and the transaction of business.

22. Adopt a seal for the board, a description and impression of which shall be filed by the clerk in the office of the county recorder and the secretary of state.

23. Establish, maintain and conduct or aid in establishing, maintaining and conducting public aviation fields, purchase, receive by donation or lease any property necessary for that purpose, lease, at a nominal rental if desired, sell such aviation fields or property to the United States or any department, or sell or lease such aviation fields to a city, exchange lands acquired pursuant to this section for other lands, or act in conjunction with the United States in maintaining, managing and conducting all such property. If any such property or part of that property is not needed for these purposes, it shall be sold by the board and the proceeds shall be paid into the general fund of the county.

24. Acquire and hold property for the use of county fairs and conduct, take care of and manage them.

25. Authorize the sheriff to offer a reward, not exceeding $10,000 in one case, for information leading to the arrest and conviction of persons charged with crime.

26. Contract for the transportation of insane persons to the state hospital or direct the sheriff to transport such persons. The county is responsible for such expense to the extent the expense is not covered by any third-party payor.

27. Provide for the reasonable expenses of burial for deceased indigents as provided in section 36-831 and maintain a permanent register of deceased indigents, including name, age and date of death, and when burial occurs, the board shall mark the grave with a permanent marker giving the name, age and date of birth, if known.

28. Sell or grant to the United States the title or interest of the county in any toll road or toll train in or partly within a national park, on such terms as may be agreed on by the board and the secretary of the interior of the United States.

29. Enter into agreements for acquiring rights-of-way, construction, reconstruction or maintenance of highways in their respective counties, including highways that pass through Indian reservations, with the government of the United States, acting through its duly authorized officers or agents pursuant to any act of Congress, except that the governing body of any Indian tribe whose lands are affected must consent to the use of its land, and any such agreements entered into before June 26, 1952 are validated and confirmed.

30. Do and perform all other acts and things necessary to the full discharge of its duties as the legislative authority of the county government, including receiving and accepting payment of monies by credit card or debit card, or both. Any fees or costs incurred by the use of the credit or debit card shall be paid by the person tendering payment unless the charging entity determines that the financial benefits of accepting credit cards or debit cards exceeds the additional processing fees.

31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law.

32. Budget for funds for foster home care during the school week for children with intellectual disabilities and children with other disabilities who reside within the county and attend a school for students with disabilities in a city or town within the county.

33. Do and perform all acts necessary to enable the county to participate in the economic opportunity act of 1964 (P.L. 88-452; 78 Stat. 508), as amended.

34. Provide a plan or plans for its employees that provide tax deferred annuity and deferred compensation plans as authorized pursuant to title 26, United States Code. Such plans shall allow voluntary participation by all employees of the county. Participating employees shall authorize the board to make reductions in their remuneration as provided in an executed deferred compensation agreement.

35. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.

36. Subject to the prohibitions, restrictions and limitations as set forth in section 11-812, adopt and enforce standards for excavation, landfill and grading to prevent unnecessary loss from erosion, flooding and landslides.

37. Make and enforce necessary ordinances for the operation and licensing of any establishment not in the limits of an incorporated city or town in which is carried on the business of providing baths, showers or other forms of hydrotherapy or any service of manual massage of the human body.

38. Provide pecuniary compensation as salary or wages for overtime work performed by county employees, including those employees covered by title 23, chapter 2, article 9. In so providing, the board may establish salary and wage plans incorporating classifications and conditions prescribed by the federal fair labor standards act.

39. Establish, maintain and operate facilities that provide for physical evaluation, diagnosis and treatment of patients and that do not keep patients overnight as bed patients or treat patients under general anesthesia.

40. Enact ordinances under its police authority prescribing reasonable curfews in the entire unincorporated area or any area less than the entire unincorporated area of the county for minors and fines not to exceed the fine for a petty offense for violation of such ordinances. This paragraph does not require a request from an association or a majority of the residents of an area before the board may enact an ordinance applicable to the entire or any portion of the unincorporated area. An ordinance enacted pursuant to this paragraph shall provide that a minor is not violating a curfew if the minor is accompanied by a parent, a guardian or an adult having supervisorial custody, is on an emergency errand or has been specifically directed to the location on reasonable, legitimate business or some other activity by the parent, guardian or adult having supervisorial custody. If no curfew ordinance is applicable to a particular unincorporated area of the county, the board may adopt a curfew ordinance on the request or petition of either:

(a) A homeowners' association that represents a majority of the homeowners in the area covered by the association and to which the curfew would apply.

(b) A majority of the residents of the area to which the curfew would apply.

41. Lease or sublease personal property owned by the county to other political subdivisions of this state to be used for a public purpose.

42. In addition to the agreements authorized by section 11-651, enter into long-term agreements for the purchase of personal property, provided that the board may cancel any such agreement at the end of a fiscal year, at which time the seller may repossess the property and the agreement is deemed terminated.

43. Make and enforce necessary ordinances not in conflict with the laws of this state to regulate off-road recreational motor vehicles that are operated within the county on public lands without lawful authority or on private lands without the consent of the lawful owner or that generate air pollution. For the purposes of this paragraph, "off-road recreational motor vehicle" means three and four wheel vehicles manufactured for recreational nonhighway all-terrain travel.

44. Acquire land for roads, drainage ways and other public purposes by exchange without public auction, except that notice shall be published thirty days before the exchange, listing the property ownership and descriptions.

45. Purchase real property for public purposes, provided that final payment is made not later than five years after the date of purchase.

46. Lease-purchase real property and improvements for real property for public purposes, provided that final payment is made not later than twenty-five years after the date of purchase. Any increase in the final payment date from fifteen years up to the maximum of twenty-five years shall be made only on unanimous approval by the board of supervisors.

47. Make and enforce ordinances for the protection and disposition of domestic animals subject to inhumane, unhealthful or dangerous conditions or circumstances. An ordinance enacted pursuant to this paragraph shall not restrict or limit the authority of the game and fish commission to regulate the taking of wildlife. This paragraph does not limit or restrict the authority granted to cities, towns or counties pursuant to section 13-2910. For the purposes of this paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic purposes.

48. If a part of a parcel of land is to be taken for roads, drainage, flood control or other public purposes and the board and the affected property owner determine that the remainder will be left in such a condition as to give rise to a claim or litigation concerning severance or other damage, acquire the whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means, and the remainder may be sold or exchanged for other properties needed for any public purpose.

49. Make and enforce necessary rules providing for the reimbursement of travel and subsistence expenses of members of county boards, commissions and advisory committees when acting in the performance of their duties, if the board, commission or advisory committee is authorized or required by federal or state law or county ordinance, and the members serve without compensation.

50. Provide a plan or plans for county employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.

51. Provide for fringe benefits for county employees, including sick leave, personal leave, vacation and holiday pay and jury duty pay.

52. Make and enforce ordinances that are more restrictive than state requirements to reduce or encourage the reduction of carbon monoxide and ozone levels, provided an ordinance does not establish a standard for vehicular emissions, including ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the county and employees whose place of employment is in unincorporated areas of the county.

53. Make and enforce ordinances to provide for the reimbursement of up to one hundred percent of the cost to county employees of public bus or van pool transportation to and from their place of employment.

54. Lease for public purposes any real property, improvements for real property and personal property under the same terms and conditions, to the extent applicable, as are specified in sections 11-651 and 11-653 for lease-purchases.

55. Enact ordinances prescribing regulation of alarm systems and providing for civil penalties to reduce the incidence of false alarms at business and residential structures relating to burglary, robbery, fire and other emergencies not within the limits of an incorporated city or town.

56. In addition to paragraph 9 of this section, and notwithstanding section 23-504, sell or dispose of, at no less than market value, county personal property that the board deems no longer useful or necessary through a retail outlet or to another government entity if the personal property has a market value of not more than $1,000, or by retail sale or private bid, if the personal property has a market value of not more than $15,000. Notice of sales in excess of $1,000 shall include a description and sale price of each item and shall be published in a newspaper of general circulation in the county, and for thirty days after notice other bids may be submitted that exceed the sale price by at least five percent. The county shall select the highest bid received at the end of the thirty-day period.

57. Sell services, souvenirs, sundry items or informational publications that are uniquely prepared for use by the public and by employees and license and sell information systems and intellectual property developed from county resources that the county is not obligated to provide as a public record.

58. On unanimous consent of the board of supervisors, license, lease or sell any county property pursuant to paragraphs 56 and 57 of this section at less than market value to any other governmental entity, including this state, cities, towns, public improvement districts or other counties within or outside of this state, or for a specific purpose to any charitable, social or benevolent nonprofit organization incorporated or operating in this state.

59. On unanimous consent of the board of supervisors, provide technical assistance and related services to a fire district pursuant to an intergovernmental agreement.

60. Adopt contracting procedures for the operation of a county health system pursuant to section 11-291. Before the adoption of contracting procedures the board shall hold a public hearing. The board shall publish one notification in a newspaper of general circulation in the county seat at least fifteen days before the hearing.

61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of this title for a city or town to provide emergency fire or emergency medical services pursuant to section 9-500.23 to a county island as defined in section 11-251.12. The board may charge the owners of record in the county island a fee to cover the cost of an intergovernmental agreement that provides fire and emergency medical services.

62. In counties that employ or have designated an animal control county enforcement agent pursuant to section 11-1005, enter into agreements with foundations or charitable organizations to solicit donations, property or services, excluding enforcement or inspection services, for use by the county enforcement agent solely to perform nonmandated services and to fund capital improvements for county animal control, subject to annual financial and performance audits by an independent party as designated by the county board of supervisors. For the purposes of this paragraph, nonmandated services are limited to low cost spay and neuter services, public education and outreach efforts, pet adoption efforts, care for pets that are victims of cruelty or neglect and support for volunteer programs.

63. Adopt and provide for the enforcement of ordinances prohibiting open fires and campfires on designated lands in the unincorporated areas of the county when a determination of emergency is issued by the county emergency management officer and the board deems it necessary to protect public health and safety on those lands.

64. Fix the amount of license fees to be paid by any person, firm, corporation or association for carrying on any game or amusement business in unincorporated areas of the county and prescribe the method of collection or payment of those fees, for a stated period in advance, and fix penalties for failure to comply by fine. This article does not authorize any county to require an occupational license or fee for any activity if state law precludes requiring such a license or fee.

65. Adopt and enforce ordinances for the prevention, abatement and removal of graffiti, providing that any restrictions on the retail display of potential graffiti tools be limited to any of the following, as determined by the retail business:

(a) In a place that is in the line of sight of a cashier or in the line of sight from a work station normally continuously occupied during business hours.

(b) In a manner that makes the product accessible to a patron of the business establishment only with the assistance of an employee of the establishment.

(c) In an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours.

66. Adopt ordinances and fees related to the implementation of a local stormwater quality program pursuant to title 49, chapter 2, article 11.

67. Enter into agreements with federal, state and local governments for the acceptance, management and distribution of federal funds related to projects to increase water supply and availability to any of the following:

(a) A municipal water provider as defined in section 48-5901.

(b) An irrigation district for agricultural use within the county.

(c) A county flood control district for aquifer recharge within the county.

68. Participate in water reuse and recycling programs and regional wastewater recharge projects and related infrastructure.

§ 11-251.01 Conveyance to nonprofit housing corporation

The board of supervisors may convey any land and improvements thereon owned by the county directly and without compliance with the provisions of paragraph 9 of section 11-251 to a nonprofit corporation which operates housing units limited to those which are federally financed or sponsored. Such title so conveyed shall remain with the nonprofit corporation until such time as the bonded indebtedness incurred and due to the United States government or an agency thereof, is paid and at which time title to such land and the improvements thereon shall revert to the county.

§ 11-251.02 Additional powers of the board

The board of supervisors may:

1. Authorize the use of county personnel, facilities, equipment, supplies and other resources in search or rescue operations involving the life or health of any person.

2. Contract for the acquisition, rental or hire of equipment, services, services supervision, supplies and other resources for use in such search or rescue operations.

3. Contract with an ambulance service provider that has a certificate of necessity issued pursuant to title 36, chapter 21.1, article 2 to provide ambulance service in the rural or wilderness service areas in counties with a population of less than five hundred thousand persons.

4. Contract with a government agency to provide the services of the constable at fees that are less than those established by section 11-445, except for those services that are specifically authorized by law to be performed by the sheriff.

§ 11-251.03 Records center; contents; open to inspection

A. The board of supervisors may establish a central records center for the preservation, storage and handling of all records required by law to be kept by county officers and justices of the peace.

B. In any county having a central records center, all county officers and justices of the peace shall deliver to the board of supervisors public records in their custody that are:

1. Required by law to be kept.

2. Of legal, administrative, historical or other value as determined pursuant to section 41-151.19.

3. Required to be delivered by the rules adopted by the director of the Arizona state library, archives and public records.

C. County officers and justices of the peace may make and retain copies of records necessary for those officers to perform the duties of their office.

D. Public records in a central records center shall be open to public inspection and be preserved in the manner prescribed by law.

§ 11-251.04 Authority to set rates for private towing carrier; definition; violation; classification

A. Except as provided in subsection B of this section, the board of supervisors may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within the boundaries of the county. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the board of supervisors for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located on property that lies within the boundaries of the county.

B. The provisions of subsection A of this section shall not apply to the towing, transporting or impounding of a motor vehicle from private property without the permission of the owner or operator of the vehicle by a private towing carrier where the vehicle being towed or transported is towed or transported from property that lies within the boundaries of an incorporated city or town that has regulated such towing, transporting or impounding pursuant to section 9-499.05.

C. It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property. The owner or his agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner.

D. A person who violates subsection C is guilty of a class 2 misdemeanor.

E. This section shall apply only to services performed while a person is actually engaged in the activities of a private towing carrier.

F. For the purposes of this section, "private towing carrier" means any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose.

§ 11-251.05 Ordinances

A. The board of supervisors may:

1. In the conduct of county business, adopt, amend and repeal all ordinances necessary or proper to carry out the duties, responsibilities and functions of the county which are not otherwise specifically limited by section 11-251 or any other law or in conflict with any rule or law of this state.

2. Prescribe punishment by fine or imprisonment, or both, for the violation of an ordinance adopted pursuant to paragraph 1 of this subsection. A fine or imprisonment shall not exceed the maximum limitations for a class 1 misdemeanor.

B. Ordinance authority under subsection A of this section shall be in addition to and preemptive of ordinance, rule making or regulatory authority of any other county board or county commission. A county may not impose taxes except as otherwise provided by law and as specified in section 11-251.

C. Prior to adoption, amendment or repeal of an ordinance under this section, the board of supervisors shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After adopted or amended, the ordinance shall be published at least once in a newspaper of general circulation in the county seat.

D. An ordinance adopted under this section may apply to the unincorporated and incorporated areas in the county if the ordinance is not in conflict with an existing city or town ordinance or state law or otherwise regulated by the state. If the ordinance is intended to apply to any incorporated area of the county, prior to the ordinance becoming effective within the boundaries of a city or town, the city or town council shall consider the ordinance and, if the council finds that the subject matter of the ordinance is not either a matter of local concern or governed by an existing city or town ordinance, the council shall approve by resolution the application or enforcement of such ordinance within the boundaries of the city or town. Upon thirty days' notice to the county, a city or town council may rescind such approval by resolution if the subject matter of the ordinance is governed or to be governed by a city or town ordinance. An ordinance may apply to the unincorporated areas of the county, to part or parts of such areas or to a combination of incorporated and unincorporated areas of the county, as the board deems appropriate and subject to the approval of a city or town as specified in this subsection.

E. Nothing contained in this section shall be construed to prohibit a county from exercising such powers and authority as are granted under other provisions of state law.

§ 11-251.06 Reimbursement for county services to special districts

A. Notwithstanding any other statute, the board of supervisors may require the following special districts to reimburse the county for the cost of services provided to the special districts:

1. Antinoxious weed districts formed pursuant to title 48, chapter 2.

2. Pest control districts formed pursuant to title 48, chapter 3.

3. County improvement districts formed pursuant to title 48, chapter 6.

4. County improvement districts for lighting formed pursuant to sections 48-960 and 48-961.

5. Domestic water improvement districts formed pursuant to title 48, chapter 6, article 4.

6. County television improvement districts formed pursuant to title 48, chapter 7.

7. Community park maintenance districts formed pursuant to title 48, chapter 8.

8. Special road districts formed pursuant to title 48, chapter 10.

9. Power districts formed pursuant to title 48, chapter 11.

10. Electrical districts formed pursuant to title 48, chapter 12.

11. Hospital districts formed pursuant to title 48, chapter 13.

12. Sanitary districts formed pursuant to title 48, chapter 14.

13. Pest abatement districts formed pursuant to title 48, chapter 15.

14. Health service districts formed pursuant to title 48, chapter 16.

15. Agricultural improvement districts formed pursuant to title 48, chapter 17.

16. Drainage and flood protection districts formed pursuant to title 48, chapter 18.

17. Irrigation and water conservation districts formed pursuant to title 48, chapter 19.

18. Irrigation water delivery districts formed pursuant to title 48, chapter 20.

19. County flood control districts formed pursuant to title 48, chapter 21.

20. Multi-county water conservation districts formed pursuant to title 48, chapter 22.

21. County free library districts formed pursuant to title 48, chapter 24.

22. County jail districts formed pursuant to title 48, chapter 25.

B. Fire districts formed pursuant to title 48, chapter 5 shall reimburse the county for the actual costs of organization, reorganization, boundary changes, election services, use of the county attorney and other services provided by the assessor and treasurer directly associated with county services provided to fire districts.

C. The board of supervisors shall establish a schedule for reimbursement of county services and shall distribute this schedule to the special districts before providing any service named in the schedule. The schedule may include charges to newly organized special taxing districts for county services rendered to these districts before and during organization. The reimbursement schedule shall not exceed the actual costs for the services provided by the county.

D. If the board of supervisors requires reimbursement for county services pursuant to subsections A and C of this section, the governing body of a special district listed in subsection A of this section may elect to perform for itself any of the services provided by the county in lieu of reimbursement, except election and financial services provided by the county.

E. Subsection D of this section does not authorize the governing body of any of the named special districts to levy any additional taxes not otherwise specified by statute.

§ 11-251.07 Report of special taxing districts in the county

A. On or before October 1 of each year the board of supervisors shall compile a report of all special taxing districts existing under title 48 in the county during the preceding fiscal year except for those organized under title 48, chapter 4 and chapter 6, articles 1 and 2. The report shall include for each district:

1. The date of formation.

2. The total assessed valuation of the district.

3. The tax rate levied by the district for the current tax year.

4. The estimated budget for the district for the current fiscal year.

5. A map of the district.

6. A copy of any required district impact statement for districts when they are organized.

B. The annual report shall also include for any district that is organized under title 48 and whose boundaries changed during the preceding fiscal year, except for districts organized under title 48, chapter 4 and chapter 6, articles 1 and 2, a current map of the district's boundaries plus a copy of any boundary change impact statement if required.

§ 11-251.08 County fee for service authority; alternate fee schedule; fee limits; adoption procedures

A. In addition to any other county power or authority the board of supervisors may adopt fee schedules for any specific products and services the county provides to the public. Notwithstanding fee schedules or individual charges in statute, a board of supervisors may adopt an additional charge or separate individual charge.

B. Any fee or charge established pursuant to this section must be attributable to and defray or cover the expense of the product or service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of the product or service.

C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, the board of supervisors shall hold a public hearing on the issue with at least fifteen days' published notice.

D. Nothing in this section shall apply to products and services provided to cities and towns.

§ 11-251.09 Enforcement of water conservation plumbing requirements

A. The board of supervisors may designate an appropriate official to enforce, in unincorporated areas of the county, all or a portion of title 45, chapter 1, article 12, relating to water conservation plumbing requirements. If the board of supervisors designates an official pursuant to this subsection, it shall notify the department of water resources, in writing, of its intent to do so. An election under this subsection divests the department of water resources of jurisdiction to enforce those provisions except that the department may enforce those provisions against any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state.

B. The county may retain the revenues from all civil penalties and assessments collected by the county under this section and title 45, chapter 1, article 12 as reimbursement for the cost of past enforcement actions and to fund future enforcement efforts.

§ 11-251.10 Conveyance or lease; affordable housing; agreement; recording

A. If a board of supervisors determines that any real property or interest in the real property owned, or to be purchased, by a county can be used to provide affordable housing for persons and families of low income as determined by the United States department of housing and urban development and that this use is in the county's best interests, the county may sell, lease, exchange, quitclaim, convey or otherwise dispose of the real property or interest in the real property at less than fair market value, or purchase an interest in the real property, to provide affordable housing without holding a public auction and for less than the fair market value as required by section 11-256.

B. Dwelling units provided for persons and families of low income under this section shall be restricted by regulatory agreement to remain continually affordable to low income persons and families for the longest feasible time, but not less than thirty years, pursuant to a method prescribed by the county.

C. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding on a successor in interest and shall be recorded in the office of the county recorder of the county in which the housing development is located.

§ 11-251.11 Appointed county officers; severance pay

The board of supervisors may provide severance pay for appointed county officers by ordinance or by contract with an individual officer.

§ 11-251.12 County islands; fire and emergency services protection; intergovernmental agreement with municipalities; definition

A. A county that has a population of more than one million five hundred thousand persons and that has a county island that does not form a county island fire district may enter into an intergovernmental agreement with a municipality or municipalities for fire protection and emergency medical services in that county island. Notwithstanding any other law, a county is liable if the county was negligent in enforcing building, zoning or other related codes in a county island and a municipality that has an intergovernmental agreement to provide fire and emergency medical services pursuant to this section is hindered in responding to an emergency because of a building, zoning or other related code issue.

B. If a municipality elects to provide fire and emergency medical services in a county island where a private provider of fire or emergency services already has facilities or provides service, the municipality and the private provider shall enter into an agreement covering the roles and relationships regarding mutual aid or backup agreements and any services for which the municipality wishes to contract and any reimbursement or billing and collection practices. The agreement shall be executed before the municipality commences providing service in the county island. No agreement is required if the private provider notifies the municipality that it will cease service in the county island within one hundred eighty days after the date the municipality commences providing service.

C. Any private provider of fire or emergency medical services or both that is providing services in a county island shall provide notice of termination of services to those residents receiving services. The private provider shall provide that notice at least twelve months before termination or withdrawal of those services.

D. For the purposes of this article, "county island" means unincorporated territory that is surrounded on all sides by a municipality or where the unincorporated territory that has borders that involve a combination of a municipality or municipalities and an Indian reservation.

§ 11-251.13 Proposed county taxes and fees; notification required; exception

A. A board of supervisors may not levy or assess any new taxes or fees or increase existing taxes or fees pursuant to statute on a business without complying with this section.

B. A board that proposes to levy or assess a tax or fee shall:

1. If the imposition of the proposed tax or fee is a new charge, provide written notice of the proposed charge on the home page of the county's website at least sixty days before the date the proposed new tax or fee is approved or disapproved by the board.

2. If the board proposes to increase the rate of an existing tax or fee on a business, provide written notice of the proposed increase on the home page of the county's website at least sixty days before the date the proposed new rate is approved or disapproved by the board.

C. A board shall demonstrate that the taxes or fees are imposed pursuant to statute.

D. This section does not apply to any fee adopted pursuant to section 11-1102 or any tax adopted pursuant to section 42-17107 or 48-254.

§ 11-251.14 Federal monies; prohibition; union labor preference

A board of supervisors is prohibited from accepting federal monies for a construction project if as a condition of accepting the federal monies the board of supervisors is required to give a preference to union labor.

§ 11-251.15 Prisoner home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs

A. A county may establish a home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation.

B. A prisoner is not eligible for a home detention program or a continuous alcohol monitoring program if any of the following applies:

1. The prisoner is found by the court to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a home detention program or a continuous alcohol monitoring program.

C. For prisoners who are selected for a program established pursuant to subsection A of this section, the court may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the court shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The court may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the court assesses a lesser fee. The county shall use the fees collected to offset operational costs of the program.

E. The court may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.

F. At any time the court may terminate a prisoner's participation in the home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

G. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention or a continuous alcohol monitoring program except as provided in subsections H through M of this section.

H. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity, a county may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

I. A county may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

J. If the county establishes a home detention or continuous alcohol monitoring program under subsection H or I of this section, a prisoner must meet the following eligibility requirements for the program:

1. Subsection B of this section applies in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of one day in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.

4. If placed under home detention, the prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through E of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the court may impose.

K. If a county establishes a home detention program under subsection H of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.

L. The court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection J, paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L.

2. If placed under home detention, the court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.

M. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

N. The county board of supervisors may terminate the program established under subsection H of this section by a majority vote of the full membership of the governing body.

§ 11-251.16 Federal patent easements; county abandonment; exception

A. A county, at the request of a property owner, may abandon a federal patent easement established by the small tract act of 1938 that the county determines, after notifying and obtaining the consent of all affected utilities, is not being used by the public or is no longer necessary.

B. At least sixty days before the consideration of an abandonment resolution, the board of supervisors shall give written notice of the abandonment proposal and the date and time of its consideration by certified mail at the address shown in the records of the county assessor to the owners of the land abutting the easement to be abandoned. The notice shall inform recipients of the opportunity and deadline to object in writing or in person on the date of the board's scheduled consideration of the abandonment proposal. The board of supervisors shall not resolve to abandon an easement unless a majority of the owners of the land abutting the easement approves the action. An owner who does not object in writing to the abandonment proposal on or before the date of the board's scheduled consideration of the proposal or in person on the date of the board's scheduled consideration of the proposal shall be deemed to have consented to the abandonment proposal. The board shall post a copy of the notice at or in the immediate vicinity of the proposed abandonment.

C. This section does not apply to the abandonment of a roadway that was granted under Revised Statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1866.

§ 11-251.17 Use of county seal restricted; cease and desist order; violation; classification

A. A person may use, display or otherwise employ any facsimile, copy, likeness, imitation or other resemblance of the county seal only after obtaining the approval of the board of supervisors of that county. The board of supervisors may grant a certificate of approval on application by any person showing good cause for the use of the county seal for a proper purpose. No person other than a county department may use the county seal for the purpose of advertising or promoting the sale of any article of merchandise within this state or for promoting any other commercial purpose. The board of supervisors may adopt rules for the use of the county seal or any facsimile, copy, likeness, imitation or other resemblance of the county seal, including rules for the use of the county seal for official county business.

B. If the county maintains a website, it shall display on its website the adopted seal and the text of subsection A of this section.

C. The board of supervisors shall issue a cease and desist order to any person who is in violation of this section. If the person fails to comply with the cease and desist order, the person is guilty of a class 3 misdemeanor.

§ 11-251.18 Adoption of rules; procedures; exemptions; definitions

A. The board of supervisors shall adopt procedures for the adoption, amendment, repeal and enforcement of rules.

B. The procedures shall contain at least the following provisions for the county department that is proposing the change:

1. The department shall provide at least two weeks' notice of a meeting at which the public is able to provide comments on the draft language of the proposed rule. The notice shall include the entire text of the draft proposed rule and it shall be made available to the public. The department shall accept written or verbal comments on the draft language.

2. The department shall provide at least two weeks' notice of a meeting at which the final text of the proposed rule is considered by the board of supervisors. The notice shall include the entire text of the final version of the proposed rule and it shall be made available to the public. At least one week before the meeting, the department shall provide the public with the department's written responses to written public comments and may provide written responses to verbal comments.

3. The department shall provide the board of supervisors with copies of the public comments and the department's written responses to the public comments. If as a result of public comments or internal review, the board of supervisors determines that the text of a proposed rule requires substantial change, the board of supervisors shall issue a supplemental notice containing the changes to the proposed rule and shall provide for additional public comment before adoption.

C. Notwithstanding this section, the board of supervisors may provide alternative procedures for the adoption of a rule if the board makes a finding that an emergency exists and adoption of the rule is necessary to protect the public health, safety or welfare, to avoid an imminent budget reduction or to avoid serious prejudice to the public interest. Within a reasonable time after adopting an emergency rule, the board of supervisors shall review the emergency rule to determine whether the rule should continue in effect or be terminated.

D. Notwithstanding this section, the board of supervisors may provide alternative procedures for the adoption of a rule if the rule is required by state or federal law or regulation, and the basis for the requirement to adopt the rule is not the result of delay or inaction by the board of supervisors.

E. Notwithstanding this section, the board of supervisors may provide alternative procedures for the expedited adoption, amendment or repeal of a rule if the expedited rulemaking does not increase the cost of regulatory compliance or reduce the procedural rights of regulated parties.

F. A rule cannot be enforced without substantial compliance with this section, except those rules that were approved by the board of supervisors before July 3, 2015.

G. The department may provide the notices required by this section on the department's website.

H. The department may meet informally with any interested party for the purpose of discussing any proposed rule.

I. This section does not apply to:

1. Ordinances adopted or amended by the board of supervisors pursuant to section 11-251.05, chapter 6, article 2 of this title, title 42 or title 43.

2. Substantive policy statements.

3. Procedural documents that only affect the internal procedures of the county and that do not impose additional requirements, conditions or penalties on regulated parties.

4. Use or adoption of any form whose contents or substantive requirements are consistent with an ordinance or statute, and any procedures for the execution or use of the form.

5. A county function, power or duty that is established pursuant to title 49, chapter 3, article 3.

6. County subdivision regulations pursuant to chapter 6, article 3 of this title.

J. For the purposes of this section:

1. "Department" means any county department or agency or any other unit of county government.

2. "Rule" means a county statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of a county. Rule includes prescribing fees or the amendment or repeal of an existing rule but does not include intra-agency memoranda that are not delegation agreements.

§ 11-251.19 Acquisition of land; habitat conservation plan; restrictions; definition

A. Notwithstanding any other law, a county with a population of more than nine hundred thousand persons but less than one million five hundred thousand persons that has adopted a habitat conservation plan may acquire land that is located within a city or town only if the acquisition of the land is part of an intergovernmental agreement entered into by the county and the governing body of the city or town pursuant to section 11-952.

B. This section does not apply to land that is acquired by the county for the primary purpose of public safety, health care or court operations.

C. For the purposes of this section, "acquire" means to obtain by purchase or any other means.

§ 11-252 Membership in organizations

In addition to the powers granted to the board of supervisors by the provisions of this chapter, and not in limitation thereof, the board of supervisors may appropriate and expend annually such amounts as are necessary for the purpose of the counties belonging to and paying dues in the Arizona association of counties, statewide, western regional or national associations of county boards of supervisors, associations of clerks of boards of supervisors or any similar organizations or combination of organizations.

§ 11-253 Reports and bonds of county officers

A. The board may require any county officer to make reports under oath on any matter connected with the duties of his office, and may require the officer to give such bonds or further bonds as may be necessary for the faithful performance of his respective duties. An officer who neglects or refuses to make the report, or to give the bond within ten days after being so required, may be removed from office by the board and the office declared vacant. The board may then fill the vacancy.

B. Every officer from whom an additional bond is required by the board may appeal from the order to the superior court, which shall determine and fix the amount of the bond. The appeal may be taken by filing with the board a notice of appeal, and thereupon the clerk shall certify all proceedings to the court.

§ 11-254 Contribution for economic development

In addition to any other provision of law, the board of supervisors may appropriate from the general fund each year up to one million five hundred thousand dollars for the purpose of economic development activity which is operated and maintained within the boundaries of the county and which the board determines is for the benefit of the public. Contributions may be made to any governmental agency or to a nonprofit corporation which enjoys and maintains federal tax exempt status as long as all monies are utilized for the purpose determined to be public by the board. If more than one nonprofit corporation is selected for a fiscal year, the board shall determine the portion of the money that each will receive.

§ 11-254.01 County purchasing procedures; purchases to be based on competitive bids; content and issuance of invitations and specifications; basis of awards and rejection of bids; professional services; buildings

A. All purchases of supplies, materials, equipment and contractual services, except professional services, made by the county having an estimated cost in excess of ten thousand dollars per transaction, or the aggregate dollar amount provided for in section 41-2535, if pursuant to section 41-2501, subsection C the board of supervisors adopts the aggregate dollar amount, shall be based on sealed, competitive bids. The county purchasing agent shall make the awards on board of supervisors approval. The invitation for bids and specifications must be issued in sufficient time before the purchase is made and in sufficient detail to permit free competition. Notice of the invitation for bids shall be published in a newspaper in accordance with title 39, chapter 2 unless the board of supervisors, by at least a two-thirds vote of its membership, determines that an emergency exists requiring immediate action to protect the public health or safety. Copies of the invitation and specifications shall be supplied to and bids shall be solicited from qualified sources consistent with the item to be purchased as determined by the county purchasing agent, including all qualified suppliers who before the issuance of the invitation notify the purchasing department in writing that they desire to bid on materials, supplies, equipment or contractual services.

B. Bids shall be opened publicly at the time and place stated in the invitation. On board approval, the county purchasing agent shall make awards with reasonable promptness by giving written notice to the responsible bidder whose bid conforms to the invitation and whose bid is the most advantageous to the county concerning price, conformity to the specifications and other factors. The board may reject all bids if rejection is in the public interest.

C. For purchases of ten thousand dollars or less, or for purchases of less than the aggregate dollar amount if the county board of supervisors adopts the amount provided for in section 41-2535, each county shall develop purchasing procedures to comply with the uniform accounting system prescribed by the auditor general under section 41-1279.21.

D. Professional services shall be procured pursuant to written policies developed by the county purchasing agent and adopted by the board of supervisors.

E. All erections of and repairs and alterations to any county building are not subject to this section but are subject to title 34, chapter 2.

§ 11-254.02 Contribution for sports economic development and stadium development; limitation; definition

A. The board of supervisors of a county having a population of more than one million five hundred thousand persons according to the most recent United States decennial census may appropriate and contribute monies to any governmental agency or municipal corporation for the purpose of stadium development planning and for sports economic development activities. The total appropriations from the general fund under this section in a fiscal year shall not exceed one-half of the amount that may be appropriated by the county for economic development under section 11-254.

B. For purposes of this section, "stadium" has the meaning prescribed by section 48-4201.

§ 11-254.03 Board powers; hospitals

In addition to the provisions of section 11-251, paragraph 5, if a board maintains a hospital or health care facility for the sick of the county or if a board has delegated this responsibility to a hospital board pursuant to section 36-183.01, the board or county hospital board may:

1. Enter into agreements with other health care entities, governmental entities, organizations, foundations or providers for services or facilities to provide, maintain, establish, enhance, manage or manage the risk of health care services.

2. Acquire and operate, maintain, lease, encumber and dispose of real and personal property, including property held in trust, and interests in this property.

3. Adopt administrative rules, including an employee merit system and competitive procurement process, necessary to administer and operate the hospital's or health care facility's programs and any property under the authority of either.

4. Establish or acquire foundations or charitable organizations to solicit donations, financial contributions, real or personal property or services for use solely to perform the duties and obligations in furtherance of the provision of health care services.

5. Delegate to the chief executive officer of the hospital the authority to compromise claims for services provided or debts incurred, up to twenty-five thousand dollars per claim or debt.

6. Disclose and make available records and other matters in the same manner as is required of a public body pursuant to title 39, chapter 1, except that it is not required to disclose or make available any records or other matters that:

(a) Identify the care or treatment of a patient who receives services, including billing information, unless the patient or the patient's representative consents to the disclosure in writing or unless otherwise permitted pursuant to federal or state law.

(b) Reveal proprietary information provided to it by a nongovernmental source. For the purposes of this subdivision, "nongovernmental" means an entity other than the United States government, an agency or instrumentality of the United States government or a public body as defined in section 39-121.01.

(c) Would cause demonstrable and material harm and would place it at a competitive disadvantage in the marketplace.

(d) Would violate any exception, privilege or confidentiality granted or imposed by statute or common law.

§ 11-254.04 Expenditures for economic development; definition

A. In addition to the authority granted under section 11-254, a board of supervisors may appropriate and spend public monies for and in connection with economic development activities.

B. To fund economic development activities under this section, a county shall not impose a new fee or tax on a single specific industry or type of business.

C. For the purposes of this section, "economic development activities" means any project, assistance, undertaking, program or study, whether within or outside the boundaries of the county, including acquisition, improvement, leasing or conveyance of real or personal property or other activity, that the board of supervisors has found and determined will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of the inhabitants of the county.

§ 11-254.05 Purchase or lease of development rights; definition

A. The board of supervisors, by resolution, may purchase or lease the development rights of private land in the county with monies from any public or private source except for county development fees collected pursuant to section 11-1102. The board may not exercise the power of eminent domain to acquire development rights but may acquire development rights only from willing property owners.

B. Development rights may be acquired only for the following purposes:

1. To establish buffer zones from developing urban areas.

2. To preserve habitat or open space.

3. To sustain the culture and heritage of agriculture and ranching activities in the county.

4. To preserve archaeological resources or historic properties.

5. To implement a plan to comply with the requirements of the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1599).

C. The board shall:

1. Determine that the potential seller or lessor of the development rights and any adjoining property owners are fully informed as to the effects and consequences on the value of the land.

2. Hold a public hearing before adopting any resolution to acquire development rights.

3. In the case of a purchase of development rights, agree in perpetuity not to exercise the development rights and require the seller to agree that the land shall remain as open space.

4. In the case of a lease of development rights, agree not to exercise the development rights and require the lessor to agree that the land shall remain as open space for the term of the lease. The term of the lease must be at least twenty-five years.

5. In all cases, purchase or lease the development rights at no less than market value.

D.  Any property adjoining land with development rights acquired pursuant to this section shall not have its use or designation impaired by the acquisition of the development rights for the adjoining lands.

E. For purposes of this section, "acquire development rights" means the purchase or lease of a nonpossessory interest in real property that requires the owner of the real property to agree to conserve the land as open space or to preserve the historical, architectural, archaeological or cultural aspects of the real property in perpetuity, if purchased, or for the term of the lease, if leased.

§ 11-254.06 County infill incentive districts

A. The board of supervisors may designate an infill incentive district in any unincorporated area of the county that meets at least three of the following requirements:

1. There is a large number of vacant, older or dilapidated structures.

2. There is a large number of vacant or underused parcels of property that are of small or inappropriate sizes or that are environmentally contaminated, that are owned by different owners and that are located in an area that lacks the presence of development and investment activity compared to other areas in the county.

3. There is a large number of parcels of property or buildings where nuisances exist or occur.

4. There is a high occurrence of crime.

5. There is a continuing decline in population.

B. Before establishing an infill incentive district, the board of supervisors shall:

1. Identify the boundaries of the proposed district.

2. Notify the owners of private property in the proposed district and property managers of federal and state land in the proposed district by first class mail sent to the addresses on the most recent tax roll. The notice shall be mailed at least fifteen days before the hearing held to adopt the infill incentive plan.

C. If the board of supervisors establishes an infill incentive district, it shall adopt an infill incentive plan to encourage redevelopment in the district. The plan shall emphasize voluntary incentives, including, if appropriate, continuing traditional rural and agricultural enterprises. The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans and proposals.

3. Waivers of county and county improvement district fees and assessments for development activities.

4. Waivers of development standards and procedural requirements.

D. The infill incentive plan shall not impair the ability of utilities to provide electricity, water, natural gas or other services in accordance with health, safety and industry standards, including meeting electric service load growth demand by customers.

E. Infill incentives established pursuant to this section shall not be in violation of the requirements of the county comprehensive plan pursuant to section 11-804.

§ 11-254.07 Renewable energy incentive districts; definition

A. The board of supervisors may designate a renewable energy incentive district in any unincorporated area of the county if all of the following apply:

1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the board of supervisors deems suitable for renewable energy and storage equipment, that are appropriate sizes for the construction and operation of renewable energy and storage equipment. The board of supervisors may designate large portions of unincorporated county land or noncontiguous portions of land as a renewable energy incentive district or districts.

2. The proposed district is located within an area of the county so that the construction and operation of renewable energy and storage equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy and storage equipment, including:

(a) The ability to adequately buffer the district from surrounding incompatible uses.

(b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands.

(c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors.

(d) Compatibility with commercial and military air space requirements.

3. The board of supervisors has evaluated the extent to which the proposed district is consistent with the existing county comprehensive plan and has determined that the proposed district does not conflict with the plan. The board of supervisors may determine that the district is not a major amendment to the county comprehensive plan pursuant to section 11-805.

B. Before establishing a renewable energy incentive district, the board of supervisors shall:

1. Identify the boundaries of the proposed district.

2. Notify the owners of private property in the proposed district, property managers of federal and state land in the proposed district and adjacent property owners by first class mail sent to the addresses on the most recent tax roll. The notice shall be mailed at least fifteen days before the hearing held to adopt the energy incentive plan.

C. If the board of supervisors establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy and storage equipment in the district. The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans, proposals and permits.

3. Waivers or abatement of county zoning fees, processing fees, and county improvement district fees and assessments for development activities.

4. Waiver or abatement of development standards and procedural requirements.

D. For the purposes of this section, "renewable energy and storage equipment" has the same meaning prescribed in section 42-14155.

§ 11-254.08 Energy and water savings accounts

A. The board of supervisors may establish an energy and water savings account that consists of a designated pool of capital investment monies to fund energy or water savings projects in county facilities. The county may deposit in the account monies generated from the energy or water savings projects or measures implemented in county facilities. The county may use monies in the energy and water savings account for payments under a contract entered into pursuant to section 34-105.

B. A county shall use monies deposited in an energy and water savings account as a designated pool of capital investment monies to pay for the incremental cost of energy or water savings measures in facilities that are owned by the county. Any contract that is entered into pursuant to this section shall contain an agreement between the qualified provider and the energy or water services company that both parties have performed a reasonable investigation to determine that the measures contemplated by the contract will result in stated energy or water savings. Contract terms shall not exceed twenty-five years.

C. A county shall use expenditures from an energy and water savings account only for the following:

1. Projects or measures pursuant to a contract pursuant to this section or section 34-105 that save energy or water in facilities that are owned by the county. Monies may be used pursuant to this paragraph to provide technical assistance regarding energy or water savings to counties by a qualified provider or energy or water services company.

2. Payment of principal, interest, related financing costs and prepayment premiums.

D. Before the implementation of the energy or water savings measures or services, the qualified provider or energy or water services company shall compute, and the county shall review and approve, the estimated amount of the energy or water savings and the associated impact on energy, water or other costs and revenue to be achieved by the county on an annual and monthly basis over the term of the contract and shall include these estimates in the contract. The qualified provider and the county shall update the annual and monthly energy or water savings and associated cost impact estimates annually based on actual experience for the term of the contract.

E. Before the implementation of the energy or water savings measures or services, the qualified provider or financial institution, trustee or paying agent and the county shall jointly develop a schedule of monthly or another mutually agreed on interval of payments for the repayment of capital investment monies. The repayment schedule must result in lower energy, water or other costs or increased revenue, which shall include the total cost of all the installed energy or water savings measures for the county over the term of the contract, which shall not exceed twenty-five years. The repayment schedule shall be included in the contract.

F. The county shall transfer the amount of the payment prescribed pursuant to subsection E of this section to the energy and water savings account from the maintenance and operation portion of the county's budget to repay any unpaid balance of the capital investment previously deposited in the energy and water savings account from the qualified provider or energy or water services company plus a reasonable interest rate. For the period of time that the company's capital investment monies and reasonable interest rate remain unpaid, the qualified provider or energy or water services company shall provide a separate billing or billing component to repay the capital investment pursuant to the repayment schedule prescribed pursuant to subsection E of this section, which shall be paid by the county from the energy and water savings account.

G. After the balance of the qualified provider's or energy or water services company's capital investment monies deposited in the energy and water savings account plus a reasonable interest rate are repaid in full by the county, the county may discontinue the deposit in the energy and water savings account of amounts that are prescribed in subsection F of this section.

H. After the capital investment monies of the qualified provider or energy or water services company plus a reasonable interest rate are repaid in full, any monies associated with an energy or water savings project remaining in the energy and water savings account may be transferred to the maintenance and operation portion of the county's budget.

I. A county may deposit energy-related rebate or grant monies in the energy and water savings account to assist in funding energy or water savings projects. A county may use these rebate or grant monies to reduce the total cost of energy or water savings projects and to reduce the amount of capital investment monies received from and repaid to energy or water services companies. A county is not required to repay the rebate or grant monies in the manner described in subsection F of this section pursuant to the agreements with the providers of rebate or grant funds.

J. A county may deposit monies from other funding sources in the energy and water savings account to fund energy or water saving projects in county facilities. These monies shall be repaid in a manner consistent with this section and pursuant to the contract between the county and the provider of the funding.

K. This section does not impose an obligation on any energy utility, water utility, public service corporation or agricultural improvement district to invest monies or contract with any county.

§ 11-254.09 Water improvements program; grants; requirements; annual report

A. The board of supervisors may establish a program to allow persons to make gifts, grants or donations for the purpose of providing financial assistance to qualified owners of residential real property for making improvements to an existing drinking water well or providing for a water delivery system for the residence.

B. The board shall designate an entity to operate the program, to establish criteria for grants and to award grants as prescribed by this section. The entity may be a county agency, department or division or may be a private, nonprofit corporation as determined by the board of supervisors.

C. The program shall do all of the following:

1. Limit grant recipients to persons who are low-income or fixed-income owners of residential property.

2. Develop application criteria and criteria for awarding grants.

3. Restrict a grant recipient's use of grant monies to deepening an existing drinking water well for the recipient's residence or to plumbing or replumbing the recipient's residence for a water delivery system.

D. The board of supervisors may not use general county monies for grants under the program.

E. The entity that operates the program shall make and submit to the county board of supervisors, the president of the senate and the speaker of the house of representatives on or before July 1 of each year a report containing a description of program operations of the preceding year, including the amount of gifts, grants or donations received and the grants awarded.

§ 11-255 Contract for advertising and printing

A. The board shall contract for all advertising, publications and printing required to be done or made by all departments of county government.

B. Written notice of letting the contract shall be provided to a representative of each qualified newspaper within the county, at least ten days before the opening of bids, calling for written bids for the advertising, publications and printing required by all county departments and stating on what day the bids received will be opened. The written notice required by this subsection may be provided by electronic means.

C. A contract shall be made with the lowest and best bidder, in the discretion of the board, and to a newspaper that for at least one year has been admitted to the United States mail as second-class matter, if the bid is within the legal rate. During the existence of the contract, all advertising, publications and printing ordered by any department of county government shall be provided to the newspaper awarded the contract for printing under the terms and conditions of the contract.

D. The newspaper that is awarded the contract pursuant to subsection C of this section may be referred to as the official newspaper of the county.

E. Notwithstanding subsection C of this section, the board of supervisors, for itself and all departments of county government, may advertise, publish and print in a publication other than the official newspaper, if any of the following apply:

1. The advertising, publishing or printing is in addition to that required to be done in the official newspaper of the county.

2. The advertising, publishing or printing is authorized but not required by law.

3. The advertising, publishing or printing is required by statute to be done in a location other than that of the official newspaper of the county.

§ 11-256 Lease or sublease of county lands and buildings; exceptions

A. The board may lease or sublease, for a term not to exceed twenty-five years plus an option to renew for an additional period not exceeding twenty-five years, any land or building owned by or under the control of the county.

B. An appraiser who is licensed or certified pursuant to title 32, chapter 36 shall determine the rental valuation of such land or building, except that an appraisal is not required for the lease of any land or building that has a rental value of $5,000 or less per month if the value of the land or building has been justified by a market analysis that is based on comparable sales or rentals.

C. Such land or building shall be leased or subleased at a public auction to the highest responsible bidder, provided that the amount of bid is at least ninety percent of the rental valuation as determined by the appraiser or the market analysis, and subject to such other terms and conditions as the board may prescribe.

D. Notice of a proposed lease or sublease shall be given by publication, once each week for four consecutive weeks, in a newspaper of general circulation in the county. The notice shall state the period and all material conditions of the proposed lease, and the day on which the auction will be held, which shall be not less than thirty days after last publication of the notice.

E. Notwithstanding subsections C and D of this section the board may lease properties without public auction under the following conditions:

1. The board posts a notice in a conspicuous place on the affected property. The notice shall summarize the proposed lease and shall provide information on the process for an interested person to request that proposed action be submitted to public auction. The notice shall be posted for at least fifteen days before the execution of the lease.

2. The board posts a notice on the board's website that specifies the affected property, summarizes the proposed lease and provides information on the process for an interested person to request that the proposed action be submitted to public auction. The notice shall be posted on the website for at least fifteen days before the execution of the lease.

3. The board publishes in the local newspaper where the board regularly publishes notices at the beginning of the fifteen-day posting period a summary of the proposed lease that provides information on the process for an interested person to request that the proposed action be submitted to public auction.

4. The board establishes a process that allows an interested person to request in writing that the proposed lease be submitted to public auction. If during the fifteen-day posting period a person requests that the proposed lease be submitted to public auction the board shall follow the procedures set forth in this section.

5. The rental value of the property is less than $5,000 per month.

F. Subsections C and D of this section do not apply to leases granting a leasehold interest to a person or entity that owned, leased or otherwise possessed the property to be leased immediately before purchase or acquisition by the county or to other persons or entities leasing property for a term that would expire within four years after the purchase or acquisition by the county. A lease entered into pursuant to this subsection shall be for at least ninety percent of, but not more than, the appraised rental valuation or market analysis determined pursuant to subsection B of this section.

G. This section is supplementary to and not in conflict with other statutes governing or regulating powers of boards of supervisors.

§ 11-256.01 Lease or sublease of county lands and buildings to governmental entity, county fair association or nonprofit corporation; exception

A. Notwithstanding section 11-256, the board may lease or sublease any land or building owned by or under the control of the county to this state, a county fair association that qualifies to conduct a racing meeting under section 5-111, subsection D or to receive county monies as provided in section 11-258, a nonprofit corporation, other than a municipal or public finance corporation, organized pursuant to title 10, chapters 24 through 40, an incorporated city or town, a school district or any other political subdivision of this state without holding a public auction and for less than the fair rental value. The board may specify the uses to which the land or building must be devoted and any terms and conditions for the use that the board determines are in the best interests of the county.

B. Notice of the proposed lease or sublease shall be given by publication once each week for four consecutive weeks in a newspaper of general circulation in the county. The notice shall state all material conditions of the proposed lease, including, if appropriate, the uses to which the land or building must be devoted and any terms and conditions for the use that the board establishes.

C. If a bid is offered by a person other than the state, a county fair association, a nonprofit corporation, other than a municipal or public finance corporation, or a political subdivision during the notice period, and the bid equals or exceeds the fair rental value of the land or building, the board shall not enter the proposed lease with the state, the county fair association, the nonprofit corporation or the political subdivision and shall offer the land or building for lease in accordance with section 11-256.

§ 11-256.02 Lease, sublease or sale of county hospital property to hospital district; exception

Notwithstanding any other statute, the board of supervisors of a county having a population of less than two hundred fifty thousand persons as determined by the latest United States decennial census may lease, sublease or sell a hospital facility or hospital real property owned by the county to a hospital district which lies within or includes land within the county without necessity of public auction and on terms approved by the board of supervisors. This section does not apply to real property which is state trust land or to a facility on such property.

§ 11-256.03 Conveyance of property for health care institution to nonprofit corporation; powers and duties of county and nonprofit corporation; reports; definitions

A. The board of supervisors of any county that has a population greater than one million but less than two million persons and that owns and operates a health care institution may enter into an agreement to convey the real property and any improvements thereon and all other property, both tangible and intangible, of such institution to a nonprofit corporation established for the purposes of operating a health care institution that includes inpatient services. Any property and improvements conveyed pursuant to this section shall include the service capability as indicated in the license of the health care institution and all outpatient clinics administered by the health care institution at the time of the conveyance and shall be conveyed for at least their fair market value as determined at the time of the conveyance.

B. To satisfy the requirements of section 501 of the internal revenue code any nonprofit corporation to which property is conveyed pursuant to subsection A of this section is declared to be:

1. A validly organized and existing body politic and corporate exercising its powers for the benefit of the people, to improve their health and welfare and to increase their prosperity.

2. Engaged in a purpose essential to public health care.

3. Performing an essential governmental function.

C. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section is exempt from property taxation by this state or any agency or subdivision of this state and possesses and may exercise only those governmental powers of the board of supervisors that are delegated to the nonprofit corporation by the board of supervisors and that are necessary to satisfy the requirements of section 501 of the internal revenue code, as specified in the terms, conditions, restrictions and agreements to the conveyance agreement. These powers are in addition to those powers granted to a nonprofit corporation by title 10, chapters 24 through 40.

D. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section may issue bonds and incur obligations and pledge its revenues as security for the payment thereof for health care institutional purposes to the extent provided by the provisions of the conveyance agreement. Nothing in this section shall be construed to authorize the incurrence of a debt by the county within the meaning of any constitutional restriction on debt.

E. Except as provided in subsections F and G of this section, a nonprofit corporation to which property is conveyed pursuant to subsection A of this section may acquire by purchase, lease or otherwise, and may operate, other health care institutions and real and personal property for purposes of providing products and services related to the operation of health care institutions owned, leased or operated by it. Such acquisition or operation does not affect the powers, rights, privileges or immunities conferred on such nonprofit corporation by this section.

F. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section shall not own, lease or operate a health care institution outside the conveying county.

G. Until September 1, 1986 neither a board of supervisors nor a nonprofit corporation to which property is conveyed pursuant to subsection A of this section shall enter into any agreement with a nonprofit corporation that is a lessee as described in section 15-1637, subsection A, if the agreement provides for the conveyance of any ownership interest whatever in the nonprofit corporation to which property is conveyed pursuant to subsection A of this section or in the property described in subsection A of this section. After August 31, 1986, any such agreement must be approved by the Arizona board of regents and the state legislature. This subsection does not prevent the grant of an option to purchase such property, provided that the option may not be exercised before September 1, 1986 and the exercise of the option must be approved by the Arizona board of regents and the state legislature. Under no circumstances shall any state general fund monies be used to acquire any interest in such property.

H. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section shall make semiannual progress reports as to its financial status and deliver them on January 1 and July 1 of each year to the president of the senate, the speaker of the house of representatives and the governor. The nonprofit corporation shall present an independently audited financial statement to the auditor general within ninety days of the close of the previous fiscal year. The auditor general shall review such statements and transmit them together with a report to officers entitled to receive progress reports by this section.

I. For the purposes of this section:

1. "Health care institution" has the same meaning prescribed in section 36-401.

2. "Internal revenue code" has the same meaning prescribed in section 43-105.

3. "Nonprofit corporation" means a corporation as defined in section 10-3140.

§ 11-256.04 Home equity conversion program; authorization; use of proceeds

A. A county, by resolution, may offer a home equity conversion program for persons sixty years of age or older.

B. A county shall use any monies obtained from a home equity conversion program, after payment of all costs and expenses, on programs for senior citizens.

§ 11-257 Flood water control works; tax levy

A. When flood waters of a river, creek, channel or canyon injure or threaten to injure a public road or highway, or public property, or become a menace to human life and habitation, the board may build dikes, levees or other structures or aid in the construction of such works to control the flood waters or lessen their destructive effects.

B. For such purpose the board may appropriate and use in any one year from the general fund an amount not to exceed fifteen cents on each one hundred dollars of taxable property in the county. If there is not sufficient money in the general fund to meet the appropriation, the board may issue certificates of indebtedness against the fund. When the board uses money from the general fund for such purpose, it may, at the next general levy of taxes, levy upon real and personal property within the county subject to taxation, a tax sufficient to cover the amount so used not exceeding fifteen cents on each one hundred dollars of assessable property, which shall be levied and collected at the time and in the manner as other taxes. If at the time of such levy there has been no expenditure of money for such purpose, but the board has made and perfected plans for the construction of dikes, levees or other works for such purpose, it may levy a tax for completion thereof not exceeding the amount authorized.

§ 11-258 County fair fund; district fairs; operation of fair by corporation; county and state appropriations

A. The board may appropriate each year from the general fund a sum, which shall be known as a county fair fund, as follows:

1. In counties having a census of two hundred thousand or more as determined by the latest preceding federal decennial census, not more than one hundred thousand dollars.

2. In counties having a census of more than twenty-five thousand but less than two hundred thousand as determined by the latest preceding federal decennial census, not more than twenty-five thousand dollars.

3. In counties having a census of less than twenty-five thousand as determined by the latest preceding federal decennial census, not more than fifteen thousand dollars.

The board may expend the money in aid of a county or district fair, or to make an exhibit of the county's resources at the state fair. A district fair is one at which the boards of two or more counties shall, by resolution entered upon their minutes, invite the people of their respective counties to exhibit the resources of the county.

B. The money shall not be expended in aid of a fair conducted under the auspices of any corporation, unless the stockholders of the corporation shall, by resolution entered upon its minutes, provide that no dividends shall ever be paid upon its stock, and that in the event of the dissolution of the corporation all money appropriated and expended by any county in aid of the fair shall be repaid before any assets of the corporation shall be distributed to its stockholders.

C. To encourage county and district fairs, there shall be paid from the general fund of the state and from the appropriation for the state fair, a sum of not exceeding one thousand dollars in any one year for any one county having a county or district fair in such year. A county desiring to claim the benefits of this section shall certify to the Arizona exposition and state fair board the fact that a county or district fair is being held in the county during the year together with a statement of the amount appropriated by the county for the current year for such fair, and upon order therefor by the Arizona exposition and state fair board, the director of the department of administration shall draw his warrant in favor of the county in the amount appropriated by the county, not exceeding one thousand dollars.

§ 11-259 County immigration commissioner

A. The board may appoint a county commissioner of immigration who shall hold office for two years and shall receive an annual salary not exceeding six hundred dollars. The commissioner shall:

1. Provide information requested by persons desiring to immigrate to the county or make investments therein.

2. Correspond with immigration bureaus, chambers of commerce, tourists bureaus or other commercial bodies, and provide data for the guidance of prospective immigrants or tourists.

3. Furnish reliable information regarding localities in the county where the settler or tourist may choose a home or make investments.

4. Issue maps and pamphlets on the resources of the county.

5. Promote tourist travel or the investment of capital, and distribute such documents to insure their most useful circulation.

6. Assist nonprofit tourist attractions organized pursuant to title 10, chapters 24 through 40.

B. The commissioner may hire necessary clerks, prescribe their duties and fix their compensation. Such expenditures shall be first authorized by the board when approving the annual budget, and when so authorized shall be included in the amount to be collected by the annual county tax levy.

C. Counties of the first class having a population of one hundred thousand or over, as determined by the last official census of the United States, may expend a further sum not exceeding two hundred thousand dollars annually for the purposes prescribed in this section.

D. Counties of the first class having a population of less than one hundred thousand, as determined by the last official census of the United States, may expend a further sum not exceeding fifty thousand dollars annually for the purposes prescribed in this section.

E. Counties of the second class may expend a sum not exceeding ten thousand dollars annually for the purposes prescribed in this section.

F. Counties of the third class may expend a sum not exceeding five thousand dollars annually for the purposes prescribed in this section.

§ 11-260 Payment of outstanding taxes, penalties and interest on acquiring property

A. If a county acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the board of supervisors shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest.

B. The lien for unpaid delinquent taxes, penalties and interest on property acquired by a county:

1. Is not abated, extinguished, discharged or merged in the title to the property.

2. Is enforceable in the same manner as other delinquent tax liens.

§ 11-261 Authority to procure liability and errors and omissions insurance covering officers, agents and employees

A. Counties may expend public funds to procure liability insurance covering their officers, agents, and employees while engaged in governmental or proprietary capacities.

B. Counties may expend public funds to procure errors and omissions insurance covering those county officers, agents and employees subject to the provisions of sections 11-449, 11-477 or 11-543.

C. A county may elect to self insure and may as a part of a plan of self insurance, bind itself to its officers, agents and employees, to defend them and hold them harmless against the claims of third persons arising out of acts and omissions committed while acting in the capacity of an officer, agent or employee of the county.

§ 11-262 Contribution to arts organizations

The board of supervisors of a county may appropriate monies each year from the general fund to support an arts support fund. The board may expend the monies in aid of the following:

1. Any arts organizations operated and maintained within the boundaries of the county for the benefit of the public by any nonprofit corporation in the county as long as the nonprofit corporation has and maintains its federal tax-exempt status and its status as a corporation to which donations are deductible for the purpose of computing federal income tax.

2. Any arts organizations operated and maintained by any incorporated city or town in the county.

§ 11-263 Authorization to procure insurance for county employees and dependents; expenditure of public funds; employee payments; retired county employees; group health and accident coverage

A. The board of supervisors may adopt a system of insurance for the benefit of county elected officials and employees. The board may procure health, life, accident and disability insurance for the benefit of these elected officials and employees from any insurer licensed to do business in this state and pay the whole or any part of the premiums on the insurance from public funds. Public funds shall not be spent for life insurance in excess of fifty thousand dollars or the amount of the salary annually paid to the elected official or employee, whichever is more. The board may procure health and accident coverage for the dependents of the elected officials and employees and pay all or any part of the premium on the insurance from public funds. The board may deduct from the compensation of the employees and elected officials, and apply to the payment of the premiums, that part of the premiums determined by the board to be payable by the employees and elected officials. The deductions shall be made only from those employees and elected officials who have voluntarily agreed in writing to participate in the program.

B. The board of supervisors may enter into agreements to establish group health and accident coverage for former county employees who are retired and receiving income from a retirement program of this state and their dependents. The agreements may provide that all or any portion of the former employees or their dependents may be grouped with officers and employees of the county or their dependents as necessary to obtain health and accident coverage at favorable rates.

C. The Arizona state retirement system board may enter into agreements with retired county employees who elect to obtain the coverage provided in subsection B. The agreements may include provision for the deduction from the retirement benefits of participants of a retirement program of this state who elect to obtain the coverage of amounts sufficient to pay for the premium and administrative expense of providing the coverage.

D. Public funds of this state shall not be expended to pay all or any part of the premium of insurance pursuant to subsection B, except that a county may expend its public funds to pay all or any part of the premium of insurance pursuant to subsection B.

§ 11-264 Authority to operate a sewage system; liens; sewage system user fees

A. Any county with a population between one million and two million persons may purchase, construct or operate a sewage system, including the collection, transportation, pumping, treatment and disposal of sewage, and charge fees and levy taxes therefor, if the county secures the assent by resolution of the governing bodies of those incorporated cities and towns representing not less than one-half of the population of the county before purchase, construction or operation of a sewage system. Once an initial assent is given no further assent is necessary to operate or improve the system.

B. The provisions of this section are declaratory of existing law and shall not affect the validity of the authorization or issuance of any bonds by a county for sewage purposes.

C. A county may file a lien on property for the nonpayment of sewage system user fees for services provided to the property if the payment of the fees is delinquent for more than ninety days.

D. Before filing the lien, the county shall provide written notice to the owner of the property. The notice shall be given at least thirty days before filing the lien and shall include an opportunity for a hearing with a designated county official. The notice shall be either personally served or mailed to the property owner, at the last known address by certified mail, or to the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, the notice shall be sent to the last known address.

E. The unpaid sewage system user fees, from the date of recording in the office of the county recorder in the county in which the property is located, are a lien on the property until the fees are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under this section shall be made on judgment of foreclosure and order of sale. A county may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording, but failure to enforce the lien by this action does not affect its validity. The recorded unpaid sewage system user fees are prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.

F. Unpaid sewage system user fees pursuant to this section accrue interest at the rate prescribed by section 44-1201.

G. A prior assessment of unpaid sewage system user fees for the purposes provided in this section does not bar a subsequent assessment for these purposes and any number of liens on the same lot or tract of land may be enforced in the same action.

H. Subsection C of this section does not apply to residential property occupied by a lessee where the lessee is responsible for payment of the sewage system user fees. The county shall determine the status of leased residential property before filing the lien.

§ 11-264.01 Additional bonding authority; security for payment; definition

A. In addition to other bonding authority of the board of supervisors the board of any county authorized to operate a sewerage system pursuant to provisions of section 11-264 may issue bonds for the construction, acquisition or improvement of such system. All principal and interest of bonds issued by a county are payable solely out of the revenues, proceeds and receipts derived from the operation of the county sewerage system or out of the proceeds of bonds issued under this section or of any revenues, proceeds and receipts of such bonds as are specified in the proceedings of the board of supervisors in which the bonds are authorized to be issued.

B. No bonds shall be issued without the assent of a majority of the qualified electors voting at an election held within the county in the manner prescribed for the authorization of municipal bonds for financing utilities pursuant to sections 9-523 through 9-528 inclusive.

C. The bonds prescribed by subsection A of this section may:

1. Be executed and delivered by the county at any time.

2. Be in such form and denominations and of such tenor and maturities.

3. Be in registered or bearer form either as to principal or interest or both.

4. Be payable in such installments and at such time or times not exceeding forty years from the date of issuance.

5. Be payable at such place or places within or without this state.

6. Bear interest at such rate or rates, but not exceeding the maximum rate set forth in the ballot, payable at such time or times and at such place or places and evidenced in such manner.

7. Be executed by the chairman of the board of supervisors and in such manner, and contain provisions not inconsistent with this section, as provided in the proceedings of the board of supervisors in which the bonds are authorized to be issued.

D. If deemed advisable by the board of supervisors, there may be retained in the proceedings in which any bonds of the county are authorized to be issued an option to redeem all or any part of the bonds as may be specified in the proceedings, at such price or prices and after such notice or notices and on such terms and conditions as are provided in the proceedings and as may be briefly recited on the face of the bonds, but nothing in this article shall be construed to confer on the county any right or option to redeem any bonds except as may be provided in the proceedings under which they are issued.

E. Any bonds of the county may be sold by calling for bids at public sale, through an on-line bidding process, through an accelerated bidding process or by negotiated sale as follows:

1.  If sold under an accelerated bidding process, the bonds shall be sold at the lowest cost the board of supervisors considers to be available after receiving at least three pricing quotations from recognized purchasers of bonds of the type being sold.

2.  If sold at public sale or through an on-line bidding process, the bonds shall be sold to the person offering the best bid.

3. If bonds are sold at public sale, the board of supervisors shall call for bids by giving notice at least once a week for two successive weeks by publication in a newspaper of general circulation within the county. The notice shall be in such form as the board of supervisors prescribes.

4.  If bonds are sold through an on-line bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the on-line bidding process, may be subject to improvement in favor of the county before a specified time and may be for an entire issue or specified maturities according to the manner, terms and notice provisions ordered by the board of supervisors.

5.  The bonds may be sold below, at or above par. If the bonds are sold below par, the aggregate amount of the discount plus interest to be paid on the bonds may not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the board of supervisors at the maximum rate stated in the resolution calling the election at which the bonds were approved.

6. The bids shall be for the entire bond issue unless the board of supervisors allows bidding in parcels for less than the entire issue.

7. The county may pay all expenses, premiums and commissions that its board of supervisors deems necessary or advantageous in connection with such issuance.

8. Issuance by the county of one or more series of bonds does not preclude it from issuing other bonds in connection with the same project or any other project, but proceedings in which any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issue of bonds.

F. Bonds may be sold to natural persons residing in this state by negotiated sale on terms the board of supervisors considers to be the best available. The bonds may bear interest payable at times determined by the board of supervisors. The bonds may be sold below, at or above par. If the bonds are sold below par, the aggregate amount of discount plus interest to be paid on the bonds may not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the board of supervisors at the maximum rate set out in the resolution calling the election at which the bonds were approved.

G.  Pending preparation of the actual bonds, the board of supervisors may issue interim receipts or certificates to the purchasers of the bonds in the form and with the provisions the board determines.

H. Any outstanding bonds of the county may at any time be refunded by the county by the issuance of its refunding bonds in such amount as the board of supervisors may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest on the bonds and any necessary premiums and commissions. Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded or by the exchange of the refunding bonds for the bonds to be refunded with the consent of the holders of the bonds to be refunded, and regardless of whether the bonds to be refunded were issued in connection with the same projects or separate projects and regardless of whether the bonds proposed to be refunded are payable at the same date or different dates or are due serially or otherwise.

I. All such bonds and interest coupons applicable to the bonds are negotiable instruments.

J. Bonds issued under this section may bear interest at any rate or rates not in excess of the maximum rate of interest stated in the resolution calling the election. Interest is payable at the times determined by the board of supervisors, except that each such bond may be evidenced by one instrument or, if commercial paper, by a succession of instruments each bearing interest payable only at maturity. Bonds or commercial paper issued under this section are subject to the following:

1. The bonds may bear interest at a fixed, variable or combination rate, none of which exceeds the maximum rate of interest stated in the resolution calling the election.

2. A variable rate shall be based on any objective measure of the current value of money borrowed such as the announced prime rate of a bank, the rates borne by obligations of the United States or an index or other formula provided for by the board of supervisors. The board of supervisors shall employ a recognized agent in municipal bonds to market and remarket the bonds or commercial paper issued and to establish an interest rate pursuant to the approved index or formula.

3. The board of supervisors may grant to the owner of any bond a right to tender or may require the tender of the bond for payment or purchase at one or more times before maturity and may enter into appropriate agreements with any financial institution, insurance company or indemnity company for the purchase of bonds so tendered. The agreement may provide that while the bonds are held by the financial institution, insurance company or indemnity company the bonds may bear interest at a rate higher than when the bonds are held by other owners, but not exceeding the maximum rate of interest stated in the resolution calling the election.

4. If bonds are tendered before maturity under an agreement to pay for or purchase bonds when tendered, the county may provide for the purchase and resale of the bonds pursuant to the tenders without extinguishing the obligation they represent or incurring a new obligation on the resale, whether or not those bonds are represented by the same instruments when purchased as when resold.

5. Compensation for the resale of the bonds shall not be based on or measured by the difference between the price at which the bonds are purchased and the price at which they are resold.

6. The board of supervisors may:

(a)  Contract with a financial institution, insurance company or indemnity company to provide additional security for the bonds in the form of a line of credit, letter of credit, insurance policy or other security.

(b)  Pay the costs of the additional security from amounts provided in the bond issue or from other available sources and may enter into reimbursement obligations in connection with the cost of the additional security.

7. Any reimbursement obligation entered into with the financial institution, insurance company or indemnity company shall not provide for the payment of interest in excess of the maximum rate of interest stated in the resolution calling the election. The reimbursement obligation does not constitute a general obligation of the county and is payable from the same source as the bonds, or from other available revenues, as determined by the board of supervisors. The use of such other available revenues does not create indebtedness of the county under article IX, section 8, Constitution of Arizona.

8. Variable rate bonds and commercial paper may be sold at competitive public sale, through an on-line bidding process or at negotiated sale. A competitive public sale may be accomplished pursuant to a notice of sale published at the times and in the manner provided in this section. The notice shall include the terms and conditions determined by the board of supervisors.

9. If bonds are to be issued in the form of commercial paper, the board of supervisors shall first establish the schedule for the maturities of the bonds within the maximum period permitted by the voted proposition. The individual instruments representing the bonds may mature over shorter periods and may be retired before maturity with proceeds of subsequent instruments or with the proceeds of definitive bonds, but they shall be finally paid according to the schedule of bond maturities or earlier.

10. Bonds issued in the form of commercial paper may be sold through an agent in the form of instruments that mature at intervals the agent determines to be most advantageous to the issuer after giving public notice to potential investors as determined by the board of supervisors.

11. Bonds may be issued as compound interest bonds bearing interest payable only at maturity but compounded periodically until that date at a fixed rate no higher than the rate set forth in the resolution calling the election.

K. A county may submit to the attorney general all proceedings for the issuance of bonds to be issued under this article after all proceedings for their issuance have been taken, and thereupon it shall be the duty of the attorney general to pass on the validity of the bonds and the regularity of the proceedings authorizing their issuance. If such proceedings conform to the provisions of this article, and the bonds when delivered and paid for will constitute binding and legal obligations of the county according to the terms thereof, the attorney general shall certify in substance that the bonds are issued in accordance with the constitution and laws of this state.

L. For purposes of this section, "on-line bidding process" means a procurement process in which the governing body receives bids electronically over the internet in a real-time, competitive bidding event.

§ 11-264.02 Bonds; legal investments

Bonds issued pursuant to this article are legal investments for all banks, trust companies and insurance companies organized and operating under the laws of this state.

§ 11-264.03 Exemptions

A. Bonds issued pursuant to this article are exempt from any and all statutory debt limitations and budget requirements applicable to a county.

B. Until payment of all bonds issued for sewer construction, acquisition or improvement and the expiration of the fiscal year in which the bonds are paid in full, neither the receipts from operation of the sewerage system nor expenditures from sources other than taxes, in connection with the operation of such sewerage system including debt service on bonds shall be subject to the provisions of title 42.

§ 11-264.04 Security for payment

Revenues, proceeds and receipts derived from the operation of the county sewerage system are the security for the payments of the bonds issued under this article.

§ 11-264.05 Issuance of bonds

Except as otherwise expressly provided, the bonds authorized pursuant to section 11-264.01 shall be issued in accordance with the provisions of sections 9-530, 9-531, 9-532, 9-533 and 9-535.

§ 11-264.06 Acquisition of sewerage system from municipality; retirement of related bonds of municipality

If a county authorized to operate a sewerage system pursuant to section 11-264 acquires all or any portion of a sewerage system from any incorporated city or town, which sewerage system or portion thereof has been constructed, acquired or improved with proceeds from bonds of any type issued by such city or town, the acquiring county shall provide to the city or town sufficient funds to provide for payment of all principal and interest on any of such bonds remaining outstanding and unpaid as the same becomes due. Until the total amount due or to become due on such bonds has been provided to the incorporated city or town, the acquiring county shall prescribe sewer connection and service charges, and shall revise them when necessary, so that the sewerage system shall produce revenues sufficient to pay the following:

1. Bonds, and interest thereon, issued by the county pursuant to the authority granted in section 11-264.01.

2. Expenses of operation, maintenance, repair and replacement of facilities.

3. Bonds, and interest thereon, issued to construct, acquire or improve the sewerage system by the incorporated city or town from which the county acquired the facilities.

§ 11-264.07 Acquisition of land from city or town; exception

A. Notwithstanding any other law, a county may acquire by purchase or any other means land that is located within a city or town only if acquisition of the land is part of a management agreement agreed to by the governing body of the city or town.

B. This section does not apply to land that is acquired by purchase or any other means and that is for the primary purpose of public safety, health care or court operations.

§ 11-265 Authority to provide allowances

Counties may expend public funds to provide clothing allowances for county officers, agents and employees who are engaged in public safety work, when such clothing is regarded as a condition of employment, and the county may reimburse such officers, agents and employees for clothing damaged or destroyed in the line of duty.

§ 11-266 Immunity from personal liability

Members of boards of supervisors are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with the approval of a majority of the board.

§ 11-267 Services to persons with disabilities and aged individuals

A. Any county may implement programs to provide services to persons with disabilities or persons sixty years of age or older, and may contract with federal, state, local or other providers for the provision of these services.

B. As used in this section, "services" may include, but not be limited to, nursing care, sheltered care, day care, home maintenance, housekeeping, transportation and nutrition services.

§ 11-268 Removal of rubbish, trash, weeds, filth, debris and dilapidated buildings; removal by county; costs assessed; collection; priority of lien; definitions

A. The board of supervisors, by ordinance, shall compel the owner, lessee or occupant of buildings, grounds or lots located in the unincorporated areas of the county to remove rubbish, trash, weeds, filth, debris or dilapidated buildings that constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys. Any such ordinance shall require and include:

1. Reasonable written notice to the owner, any lienholder, the occupant or the lessee. The notice shall be given at least thirty days before the day set for compliance and shall include the estimated cost to the county for the removal if the owner, occupant or lessee does not comply. The notice shall be either personally served or mailed by certified mail to the owner, occupant or lessee at his last known address, or the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, a duplicate notice shall also be sent to the owner at the owner's last known address.

2. Provisions for appeal on both the notice and the assessments.

3. That any person, firm or corporation that recklessly places any rubbish, trash, filth or debris on any private or public property located in the unincorporated areas of the county not owned or under the control of the person, firm or corporation:

(a) Is guilty of a class 1 misdemeanor unless that person, firm or corporation immediately removes or causes to be removed the rubbish, trash, filth or debris from that property. One hundred per cent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty per cent of the fine shall be used by the county for the purposes of illegal dumping cleanup.

(b) In addition to the fine that is imposed for a violation of this section, is liable for all costs that may be assessed pursuant to this section for the removal of the rubbish, trash, filth or debris.

B. The ordinance may provide that if any person with an interest in the property, including an owner, lienholder, lessee or occupant of the buildings, grounds or lots, after notice as required by subsection A, paragraph 1, does not remove the rubbish, trash, weeds, filth, debris or dilapidated buildings and abate the condition that constitutes a hazard to public health and safety, the county, at the expense of the owner, lessee or occupant, may remove, abate, enjoin or cause the removal of the rubbish, trash, weeds, filth, debris or dilapidated buildings.

C. The board of supervisors may prescribe by the ordinance a procedure for such removal or abatement and for making the actual cost of the removal or abatement, including the actual costs of any additional inspection and other incidental costs in connection with the removal or abatement, an assessment on the lots and tracts of land from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed.

D. The ordinance may provide that the cost of removal, abatement or injunction of the rubbish, trash, weeds, filth, debris or dilapidated buildings from any lot or tract of land located in the unincorporated areas of the county and associated legal costs be assessed in the manner and form prescribed by ordinance of the county on the property from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed, abated or enjoined. The county shall record the assessment in the county recorder's office in the county in which the property is located, including the date and amount of the assessment and the legal description of the property. Any assessment recorded after August 6, 1999 is prior and superior to all other liens, obligations or other encumbrances, except liens for general taxes and prior recorded mortgages. A sale of the property to satisfy an assessment obtained under this section shall be made on judgment of foreclosure and order of sale. The county may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording of the assessment, but failure to enforce the lien by such action does not affect its validity. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings before the recording of the assessment. The assessment provided for in this subsection shall not be levied against state or federal property.

E. Assessments that are imposed under subsection D of this section run against the property until they are paid and are due and payable in equal annual installments as follows:

1. Assessments of less than five hundred dollars shall be paid within one year after the assessment is recorded.

2. Assessments of five hundred dollars or more but less than one thousand dollars shall be paid within two years after the assessment is recorded.

3. Assessments of one thousand dollars or more but less than five thousand dollars shall be paid within three years after the assessment is recorded.

4. Assessments of five thousand dollars or more but less than ten thousand dollars shall be paid within six years after the assessment is recorded.

5. Assessments of ten thousand dollars or more shall be paid within ten years after the assessment is recorded.

F. A prior assessment for the purposes provided in this section is not a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.

G. Before the removal of a dilapidated building the board of supervisors shall consult with the state historic preservation officer to determine if the building is of historical value.

H. If a county removes a dilapidated building pursuant to this section, the county assessor shall adjust the valuation of the property on the property assessment tax rolls from the date of removal.

I. If a person, firm or corporation is required to remove any rubbish, trash, filth or debris pursuant to subsection A, paragraph 3, the person, firm or corporation shall provide the county with a receipt from a disposal facility to indicate that the rubbish, trash, filth or debris has been disposed of as required by law.

J. For the purposes of this section:

1. "Dilapidated building" means any real property structure that is likely to burn or collapse and its condition endangers the life, health, safety or property of the public.

2. Occupant does not include any corporation or association operating or maintaining rights-of-way for and on behalf of the United States government, either under contract or under federal law.

3. Owner does not include a state or federal landowner.

§ 11-269 Recycling and waste reduction

A county shall provide its residents with an opportunity to engage in recycling and waste reduction.

§ 11-269.01 Compensation for loss of property value

In addition to the procedures established for the taking of property by eminent domain under title 12, chapter 8, article 2, a board of supervisors may establish, by ordinance or for individual cases, procedures to compensate property owners for any reduction in value of or negative impact on property as a result of a county ordinance, regulation or other activity.

§ 11-269.02 Public facilities; voter approval; exemptions

A. Notwithstanding any other law, a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census shall not spend public monies, grant tax concessions or relief, incur debt or exchange property in any combined amount or value totaling more than three million dollars to construct or aid in the construction of an amphitheater, a sports facility, arena or complex or a convention facility, arena or complex without presenting the proposed expenditure to the qualified electors of the county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census and approval of the expenditure by a majority of those voting in the election. If revenue from a secondary property tax levy is the designated source of payment or if the project is constructed with an improvement district, the question shall be submitted to the qualified electors at an election held on the first Tuesday following the first Monday in November.

B. This section does not apply to an expenditure for a park, parkway, trail, recreational area or playground that is established, maintained or administered by a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census and that was not developed primarily for the commercial use of a private enterprise or group of private enterprises.

§ 11-269.03 Acceleration agreements; loan repayment agreements

A. A county may enter into agreements with the department of transportation for the acceleration of right-of-way acquisition, design or construction of an eligible highway project or an eligible transit capital project as defined in section 28-7671 and may advance monies to the department of transportation pursuant to those agreements. Any political subdivision may pledge excise taxes to the repayment of all or any part of the principal, premium, if any, and interest on any borrowing to fund the advance.

B. A county may assign the right to receive payment under the agreement entered into pursuant to subsection A of this section to a trustee.

C. A county may pledge its excise taxes to the repayment of all or any part of the principal, premium, if any, and interest on any borrowing to fund the advance and make such other covenants and agreements as may be appropriate.

D. A loan repayment agreement as defined in section 28-7671 entered into by a county may be paid from and may be secured by a pledge of highway user revenues received by the county from this state pursuant to title 28, chapter 18, article 2 and section 42-6107. The pledge may be on a parity with any pledge previously or hereafter made by the county pursuant to section 11-379. If a county pledges those highway user revenues to a loan repayment agreement, the principal and interest requirements on the loan repayment agreement may be treated as if they were principal and interest on bonds issued under article 12 of this chapter for all purposes of sections 11-378 and 11-380.

E. Pursuant to title 28, chapter 21, article 7, a county may do all of the following:

1. Enter into agreements with the department of transportation, a regional planning agency, metropolitan planning organization or council of governments, a regional public transportation authority established pursuant to section 48-5102 or a designated grant recipient for the acceleration of a transportation project, as defined in section 28-7671.

2. Advance monies to the department of transportation, a regional planning agency, metropolitan planning organization or council of governments, a regional public transportation authority or a designated grant recipient pursuant to the agreements described in paragraph 1 of this subsection.

3. Pledge excise taxes to the repayment of all or any part of the principal, premium, if any, and interest on any borrowing to fund the advance described in paragraph 2 of this subsection.

§ 11-269.04 Condemnation actions; interest

Interest on a judgment in a condemnation proceeding instituted by the county, including interest that is payable pursuant to section 12-1123, subsection B, shall be calculated for each month or portion of a month that interest is owed and shall be either:

1. The prime rate charged by banks on short-term business loans as determined for publication in the bulletin of the board of governors of the federal reserve system, as of the first day of that month.

2. In the absence of a determination by the board of governors of the federal reserve system, calculated in the same manner based on comparable data as determined by the United States department of commerce, bureau of economic analysis, for publication in "survey of current business".

3. If the prime rate cannot be determined from publication as provided in paragraph 2, determined by a federal agency that is annually designated by the board of supervisors and that makes and publishes data sufficient to determine the prime rate of interest.

§ 11-269.05 Vehicle refueling apparatus

Notwithstanding any other law and because the legislature finds it is a matter of statewide concern, a county shall not effectively prohibit the installation or use of a vehicle refueling apparatus as defined in section 43-1086.01. This section does not preclude a county from ensuring the proper installation of a vehicle refueling apparatus to protect public health and safety.

§ 11-269.07 Annexation to city or town; small county islands

A board of supervisors may require annexation to a city or town of any territory of the county that consists of an entire parcel that is ten acres or less and that is completely surrounded by the city or town in accordance with the following procedures:

1. Written notice of the proposed annexation and the public hearing required by paragraph 2, together with a document setting forth a description and an accurate map of the exterior boundaries of the territory to be annexed, shall be given to the city or town and mailed by first class mail to each owner of real property in the territory proposed for annexation. Notice to each owner of railroad property must be mailed to the address on file with the county assessor's office for property tax purposes. The notice shall also be posted in three conspicuous public places in the territory proposed for annexation.

2. Unless a petition is filed pursuant to paragraph 3 or a resolution is passed pursuant to paragraph 4, the board of supervisors shall hold a public hearing not less than ninety days after the notices are provided pursuant to paragraph 1 and the annexation shall become final after an affirmative vote of two-thirds or more of the board members to annex the territory.

3. If a majority of the real property owners in the territory proposed for annexation file a written petition containing their signatures and objecting to the annexation within sixty days after the notices are provided pursuant to paragraph 1, the annexation shall not proceed.

4. If an affected city or town passes a resolution objecting to the annexation within sixty days of the mailing required by paragraph 1 of this section, the annexation shall not proceed. If a city or town passes a resolution objecting to the annexation, the city or town shall file with the clerk of the board of supervisors a copy of the resolution and shall notify the real property owners in the territory by first class mail that the annexation shall not proceed.

§ 11-269.08 Work centers; aliens; prohibition

A county shall not construct or maintain a work center if any part of the center is to facilitate the knowing employment of an alien who is not entitled to lawful residence in the United States.

§ 11-269.09 Federal and state regulations; local coordination; standing; definitions

A. If a county has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the county shall demand by any lawful means that the federal or state government coordinate with the county before the federal or state government implements, enforces, expands or extends the federal regulation, rule, plan or policy within the county's jurisdictional boundaries. This subsection is mandatory unless the county specifically votes to not demand coordination.

B. If the federal or state government fails to coordinate in good faith with the county, the county shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the county's coordination rights.

C. If a person who resides or does business in this state serves each member of the board of supervisors with a written demand that the county comply with this section and, within sixty days after service of the written demand, the board of supervisors fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the county law, regulation, plan or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response, the county shall hold a public hearing to present information on the decision not to demand coordination.

D. For the purposes of this section:

1. "Coordinate" means the action necessary to achieve coordination.

2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a county law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.

3. "Less restrictive" means a county law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the county's jurisdictional boundaries.

§ 11-269.10 Parking; public service and public safety emergency vehicles; definition

A. Notwithstanding any provision in rule or ordinance, a county shall not prohibit a resident from parking a motor vehicle on a street or driveway in the county if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:

1. The resident is employed by a public service corporation that is regulated by the corporation commission, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation, federally regulated utility or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation, federally regulated utility or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation, federally regulated utility or municipal utility.

2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B. For the purposes of this section, "telecommunications" means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.

§ 11-269.11 Prohibition on adopting landlord tenant bedbug control requirements

A. Except as provided in subsection B of this section the board of supervisors and any other person under the authority of the board of supervisors shall not adopt requirements by ordinance or otherwise for landlords or tenants that relate to the control of bedbugs as defined in section 33-1319, other than the requirements prescribed by section 33-1319.

B. The board of supervisors or a person under the authority of the board of supervisors may adopt requirements relating to the proper disposal of items that are infested with bedbugs.

§ 11-269.12 Food handler training and certificate

A. If a county requires food handler training and a certificate for employment in the food service industry, the food handler certificate training course must meet American society for testing and materials standard E2659-09. The food handler certificate training course must address the following topics:

1. The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and microorganisms during the various food handling preparation and serving states and the type, calibration and use of thermometers in monitoring food temperatures.

2. The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors and the food handler's health with foodborne illness and the recognition of how policies, procedures and management contribute to improved food safety practices.

3. Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards before, during and after delivery.

4. Procedures of cleaning and sanitizing equipment and utensils.

5. Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping and maintenance.

B. A food handler certificate training course may be offered by any means available, including as an online course, computer course or live classroom course, and may be facilitated by a live trainer, remote trainer or a certified food service sanitation manager. A course proctor is not required for administration of the course.

C. The food handler certificate training course must be completed within the time period required by the county and the certificate must be renewed as required by the county.

D. On completion of an accredited food handler certificate training course, the county shall issue any certificate or identification card required by the county to a person who demonstrates successful completion of the course.

E. As required by each county, a county-issued food handler certificate or identification card is valid in any county that requires a food handler certificate or identification card until the person's certificate or identification card expires.

F. A county may not limit the amount of times a person may attempt to complete a food handler certificate training course.

G. If a county government that provides food service has an in-house food service training program, a certificate by that county training program is valid for food service that is provided for that county's facilities or operations.

H. Food handler certificate training courses that are created by the county or approved by the county, or both, before the effective date of this section that do not meet American society for testing and materials standard E2659-09 are considered to be accredited for the purposes of this section.

§ 11-269.13 Prohibition on retail business security requirements; state preemption

A. A board of supervisors may not adopt an ordinance or resolution that requires a retail business to comply with specific security requirements, including the installation of security cameras or security lights, based on the size of the retail business, the type of the retail business or the number of calls the retail business made to law enforcement per year. For the purposes of this section, retail business does not include a bar, hotel, restaurant or a business that has live entertainment, dispenses or cultivates medical marijuana or that requires age verification for admission.

B. The legislature finds that the imposition of security requirements on retail businesses in a uniform and consistent manner is a matter of statewide concern. The imposition of security requirements on retail businesses as provided in this section is not subject to further regulation by a county.

§ 11-269.14 Prohibition on requirement of energy measuring and reporting; state preemption

A. A county may not require an owner, operator or tenant of a business, commercial building or multifamily housing property to measure and report energy usage and consumption, including energy consumption benchmarking and building facility energy efficiency audits.

B. The regulation of an owner, operator or tenant of a business, commercial building or multifamily housing property relating to measuring and reporting energy usage and consumption is a matter of statewide concern. The regulation of measuring and reporting energy usage and consumption by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section are not subject to further regulation by a county.

C. This section does not prohibit a county that operates an electric or gas utility from metering or otherwise measuring and reading energy deliveries, usage and consumption in the course of providing public utility service to businesses, commercial buildings and multifamily housing properties.

§ 11-269.15 Acquisition of property for wireless communication facilities

Notwithstanding section 11-201, subsection A, paragraph 2, a county may purchase, own, lease or hold real property outside of its territorial limits for the purpose of developing, operating and maintaining wireless communication facilities that are used for county government purposes.

§ 11-269.16 Prohibition on regulation of auxiliary containers; state preemption; definition

A. A county may not:

1. Impose a tax, fee, assessment, charge or return deposit on a consumer or an owner, operator or tenant of a business, commercial building or multifamily housing property for auxiliary containers.

2. Regulate the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property.

B. The regulation of the sale, use and disposition of auxiliary containers is a matter of statewide concern. The regulation of the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section is not subject to further regulation by a county.

C. This section does not prevent a county from continuing a voluntary recycling and waste reduction program as authorized by section 11-269 or ensuring that discarded auxiliary containers defined as solid waste pursuant to section 49-701.01 are disposed of properly.

D. For the purposes of this section, "auxiliary container" includes reusable bags, disposable bags, boxes, beverage cans, bottles, cups and containers that are made out of cloth, plastic, extruded polystyrene, glass, aluminum, cardboard or other similar materials and that are used for transporting merchandise or food to or from a business or multifamily housing property. Auxiliary container does not include a stationary receptacle intended solely for use by the public for voluntary donation of goods and materials intended for subsequent reuse, sale or recycling.

§ 11-269.17 Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions

A. A county may not prohibit vacation rentals or short-term rentals.

B. A county may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A county may regulate vacation rentals or short-term rentals within the unincorporated areas of the county as follows:

1. To protect the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the county demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety.

2. To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004.

3. To limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.

4. To require the owner of a vacation rental or short-term rental to provide the county with emergency contact information for the owner or the owner's designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty imposed pursuant to this section, the county may impose a civil penalty of up to $1,000 against the owner for every thirty days the owner fails to provide contact information as prescribed by this paragraph. The county shall provide thirty days' notice to the owner before imposing the initial civil penalty.

5. To require the owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license. As a condition of issuance of a permit or license, the application for the permit or license may require an applicant to provide only the following:

(a) The name, address, telephone number and email address for the owner or owner's agent.

(b) The address of the vacation rental or short-term rental.

(c) Proof of compliance with section 42-5005.

(d) Contact information required pursuant to paragraph 4 of this subsection.

(e) Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances.

(f) A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.

6. To require, before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner's designee of a vacation rental or short-term rental to notify all single-family residential properties adjacent to and directly and diagonally across the street from the vacation rental or short-term rental. Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor. A county may require additional notification pursuant to this paragraph if the contact information previously provided changes. Notification provided in compliance with this paragraph shall include the permit or license number if required by the county, the address of the vacation rental or short-term rental and the information required pursuant to paragraph 4 of this subsection. The owner or the owner's designee shall demonstrate compliance with this paragraph by providing the county with an attestation of notification compliance that consists of the following information:

(a) The permit or license number of the vacation rental or short-term rental, if required by the county.

(b) The address of each property notified.

(c) A description of the manner in which the owner or owner's designee chose to provide notification to each property subject to notification.

(d) The name and contact information of the person attesting to compliance with this paragraph.

7. To require the owner or owner's designee of a vacation rental or short-term rental to display the local regulatory permit number or license number, if any, on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains. A county that does not require a local regulatory permit or license may require the owner or owner's designee of a vacation rental or short-term rental to display the transaction privilege tax license number required by section 42-5042 on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.

8. To require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage.

9. To require the owner of a vacation rental or short-term rental to reside on the property if the property contains an accessory dwelling unit and if a certificate of occupancy, certificate of completion or similar final approval for the accessory dwelling unit was issued by the county on or after September 14, 2024. This paragraph does not apply to an owner of a vacation rental or short-term rental if the property contains an accessory dwelling unit and the certificate of completion, the certificate of occupancy or a similar final approval for the accessory dwelling unit was issued on or before September 13, 2024.

C. A county that requires a local regulatory permit or license pursuant to this section shall issue or deny the permit or license within seven business days of receipt of the information required by subsection B, paragraph 5 of this section and otherwise in accordance with section 11-1602, except that a county may deny issuance of a permit or license only for any of the following:

1. Failure to provide the information required by subsection B, paragraph 5, subdivisions (a) through (e) of this section.

2. Failure to pay the required permit or license fee.

3. At the time of application the owner has a suspended permit or license for the same vacation rental or short-term rental.

4. The applicant provides false information.

5. The owner or owner's designee of a vacation rental or short-term rental is a registered sex offender or has been convicted of any felony offense that results in death or serious physical injury or any felony use of a deadly weapon within the past five years.

D. A county that requires a local regulatory permit or license pursuant to this section shall adopt an ordinance to allow the county to initiate an administrative process to suspend a local regulatory permit or license for a period of up to twelve months for the following verified violations associated with a property:

1. Three verified violations within a twelve-month period, not including any verified violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health or safety.

2. One verified violation that results in or constitutes any of the following:

(a) A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner's designee.

(b) A serious physical injury or wrongful death at or related to a vacation rental or short-term rental resulting from the knowing, intentional or reckless conduct of the vacation rental or short-term rental owner or owner's designee.

(c) An owner or owner's designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution, or operating or maintaining a sober living home, in violation of regulation or ordinance adopted pursuant to subsection B, paragraph 3 of this section.

(d) An owner or owner's designee knowingly or intentionally allowing the use of a vacation rental or short-term rental for a special event that would otherwise require a permit or license pursuant to a county ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

3. Notwithstanding paragraphs 1 and 2 of this subsection, any attempted or completed felony offense, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental or short-term rental for a period of time that shall not exceed twelve months.

E. A county that requires sex offender background checks on a vacation rental or short-term rental guest shall waive the requirement if an online lodging marketplace performs a sex offender background check of the booking guest.

F. Notwithstanding any other law, a county may impose a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same twelve-month period:

1. Up to $500 or up to an amount equal to one night's rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.

2. Up to $1,000 or up to an amount equal to two nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.

3. Up to $3,500 or up to an amount equal to three nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.

G. A vacation rental or short-term rental that fails to apply for a local regulatory permit or license in accordance with subsection B, paragraph 5 of this section, within thirty days of the local regulatory permit or license application process being made available by the county issuing such permits or licenses, must cease operations. In addition to any civil penalties imposed pursuant to subsection F of this section, a county may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner's designee fails to apply for a regulatory permit or license within thirty days after receiving written notice of the failure to comply with subsection B, paragraph 5 of this section.

H. If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending the regulatory permit or license of the owner pursuant to this section.

I. If the owner of a vacation rental or short-term rental has provided contact information to a county pursuant to subsection B, paragraph 4 of this section and if the county issues a citation for a violation of the county's applicable laws, regulations or ordinances or a state law that occurred on the owner's vacation rental or short-term rental property, the county shall make a reasonable attempt to notify the owner or the owner's designee of the citation within seven business days after the citation is issued using the contact information provided pursuant to subsection B, paragraph 4 of this section. If the owner of a vacation rental or short-term rental has not provided contact information pursuant to subsection B, paragraph 4 of this section, the county is not required to provide such notice.

J. This section does not exempt an owner of a residential rental property, as defined in section 33-1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.

K. A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a county ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

L. For the purposes of this section:

1. "Accessory dwelling unit" has the same meaning prescribed in section 11-810.01.

2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076.

3. "Transient" has the same meaning prescribed in section 42-5070.

4. "Vacation rental" or "short-term rental":

(a) Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42-12001.

(b) Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.

5. "Verified violation" means a finding of guilt or civil responsibility for violating any state law or local ordinance relating to a purpose prescribed in subsection B, D, F or K of this section that has been finally adjudicated.

§ 11-269.19 Road signage

A county may place a sign on a road that the county does not maintain. The sign may say "enter or proceed with caution. Use at your own risk. This surface is not maintained by the county."

§ 11-269.20 Drug and paraphernalia drop-off locations; referral

On or before December 31, 2018, the board of supervisors from each county shall establish at least one location in the county where a person may drop off any legal or illegal drug or substance and drug paraphernalia and receive a referral to a substance abuse treatment facility.

§ 11-269.21 911 telephone calls; medical assistance requests; Good Samaritans

A county that receives 911 telephone calls shall report to the department of health services, in a format prescribed by the department, the number of telephone calls received under section 13-3423 and any related overdose deaths.

§ 11-269.22 Prohibition on regulation of using computational power or running node on blockchain technology; state preemption; definitions

A. A county may not prohibit or otherwise restrict an individual from lawfully accessing or using computational power or running a node on blockchain technology in a residence.

B. The regulation of the act of lawfully accessing or using computational power or running a node on blockchain technology in a residence is of statewide concern and not subject to further regulation by a county.

C. For the purposes of this section:

1. "Computational power" means the use of computer hardware and software to process data, run algorithms or perform tasks requiring significant computing resources, including artificial intelligence, blockchain, scientific research and cloud computing.

2. "Running a node on blockchain technology" means providing computing power to validate or encrypt transactions in blockchain technology as defined in section 44-7061.

§ 11-269.23 Prohibition on mandated provision of health insurance; state preemption

A. A county may not require an employer to provide health insurance to the employer's employees.

B. The regulation of health insurance is of statewide concern and not subject to further regulation by a county.

§ 11-269.24 Mobile food vendors; mobile food units; operation; insurance requirement prohibited; definitions

A. In relation to a mobile food vendor or mobile food unit, a county board of supervisors by ordinance or resolution may:

1. Impose operating hours only if they are the same as the operating hours imposed on restaurants in that county.

2. Restrict the operation of noisemaking devices during specific times of day.

3. Restrict or prohibit the operation of a mobile food unit in an area that is zoned as residential only.

4. Prohibit a mobile food unit that is operating on private property from blocking ingress to and egress from that property.

5. Prohibit a mobile food unit from blocking or inhibiting the use of a public sidewalk.

6. Prohibit a mobile food vendor or mobile food unit from blocking vehicular traffic on public streets and roads.

7. Require a mobile food vendor to obtain consent from a private property owner or lessee or the owner's or lessee's agent before beginning operation on that property.

8. Prohibit or restrict a mobile food vendor from operating at a public airport.

9. Require a mobile food vendor with a state license that is not issued by that county to apply for a permit in order to conduct business within the county. The county may charge a fee for the permit. The permit shall be made available in an electronic format that is available online. The ordinance or resolution may not require a mobile food vendor with a state license to be inspected as a condition of receiving the permit.

10. Prohibit or restrict a mobile food vendor from operating at a county public park.

B. In relation to a mobile food vendor or mobile food unit, a county board of supervisors may not:

1. Restrict how long a mobile food vendor or mobile food unit may operate at a private property location, except that a mobile food vendor may not operate at a private property location for more than ninety-six consecutive hours.

2. Require a mobile food vendor to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required for public safety purposes.

3. Prohibit or restrict a mobile food vendor from using any legal parking space, including metered parking, to the same extent as any other commercial vehicle.

4. Require a mobile food vendor to maintain an insurance policy that names the county as an additional insured unless the mobile food vendor is attending an event sponsored by that county or is operating on public property.

5. Require a mobile food vendor to be fingerprinted.

C. A county with a population of more than five hundred thousand persons shall make available a business license application in an electronic format that is available online and may not require a mobile food vendor to apply in person.

D. For the purposes of this section:

1. "Mobile food unit" means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in section 28-101.

2. "Mobile food vendor" means any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit.

§ 11-269.25 Communications; accessibility; emergency response interpreters

A. Pursuant to the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 327; 42 United States Code sections 12101 through 12213) and its regulations, a county shall take reasonable steps to ensure that its communications with persons with disabilities, including online communications and emergency communications, are equally as effective as the county's communications with persons without disabilities. The county shall take reasonable steps to ensure that persons with disabilities are able to communicate with, receive information from and convey information to the county. The county shall provide auxiliary aids and services when needed to communicate effectively with persons with communication disabilities.

B. A county shall establish a protocol to take reasonable steps to secure an interpreter who is licensed by the commission for the deaf and the hard of hearing pursuant to title 36, chapter 17.1, article 2, with preference for an interpreter who is certified through the department of emergency and military affairs' emergency response interpreter credentialing program, to interpret emergency communications that are presented live to the media for broadcast or delivered through a live online communication, including an official government statement or press conference relating to an emergency situation.

C. This section does not prevent a county from communicating to the public during an emergency situation if an interpreter is unavailable.

§ 11-269.26 Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition

A. A county may not:

1. Impose a tax, fee, assessment or charge on any consumer or owner or operator of a business to pay for or support a drug disposal program in the county's jurisdiction.

2. Require an owner or operator of a business to establish, pay for or operate a drug disposal program in the county's jurisdiction.

B. The establishment or regulation of a drug disposal program by an owner or operator of a business that complies with state and federal law and rules adopted pursuant to those laws is a matter of statewide concern and is not subject to further regulation by a county.

C. This section does not prohibit the board of supervisors of a county from complying with the requirements of section 11-269.20 relating to establishing at least one location in the county for the drop off of any legal or illegal drug or substance and drug paraphernalia.

D. For the purposes of this section, "drug disposal program" means a program to collect, transport or dispose of prescription drugs, including controlled substances, nonprescription drugs, needles or sharps that are no longer wanted by the owner or that have been abandoned or discarded or are intended to be abandoned or discarded by the owner.

§ 11-269.27 Administrative review and approval; self-certification program; expedited approval; definitions

A. Notwithstanding any other law, the board of supervisors of a county may by ordinance do the following:

1. Authorize administrative personnel to review and approve site plans, development plans, land divisions, lot line adjustments, lot ties, assurances, preliminary plats, final plats and plat amendments without a public hearing held by the board of supervisors.

2. Authorize administrative personnel to review and approve design plans based on objective standards without a public hearing.

3. Adopt a self-certification program allowing registered architects and professional engineers to certify and be responsible for compliance with all applicable ordinances and construction standards for projects that the ordinance identifies as being qualified for self-certification.

4. Allow at-risk submittals for certain on-site preliminary grading and drainage work or infrastructure.

5. Allow applicants with a history of compliance with building codes and regulations to be eligible for expedited permit review.

B. Applications for a license pursuant to this section are subject to chapter 11, article 1 of this title.

C. For the purposes of this section:

1. "License" has the same meaning prescribed in section 9-831.

2. "Objective" means not influenced by personal interpretation, taste or feelings of a county employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent.

§ 11-269.28 Food handler certificate; volunteers; exemption; definition

A. A county may not require a person who volunteers at a school activity or function where food is being handled or served outside of the school's regular food service to students to obtain a food handler certificate or identification card or participate in a food handler certificate training course pursuant to section 11-269.12 if the person is overseen by a certified food protection manager or person in charge.

B. A county may not require a person who volunteers three or fewer times in a calendar year at an activity or function where food is being packaged or heated to obtain a food handler certificate or identification card or participate in a food handler certificate training course pursuant to section 11-269.12 if the person is overseen by a certified food protection manager or person in charge.

C. For the purposes of this section, "person in charge" means the individual present at a food establishment who is responsible for the management of the operation of the food establishment at the time of inspection.

§ 11-269.29 Youth businesses; license; permit; exemption

Notwithstanding any other law, a county may not require any type of license or permit for a business that is both of the following:

1. Operated by a person who is under nineteen years of age.

2. Operated only occasionally.

§ 11-269.30 Construction; summertime hours; prohibition on restriction

A. A county may not enact or enforce any noise ordinance, rule or regulation that prohibits any general construction activities between May 1 and October 15 of each year between the hours of 5:00 a.m. and 7:00 p.m. each business day and between the hours of 7:00 a.m. and 7:00 p.m. on Saturday if the construction work is being performed pursuant to a validly issued building permit issued by the county.

B. The county shall allow concrete to be poured at least one hour before the time that general construction activities are regularly scheduled to begin.

Article 5 Public Buildings

§ 11-271 Authority to erect county buildings; bond issue; limitation

When the aggregate indebtedness of a county does not exceed six per cent of the value of the taxable property within the county as ascertained by the last property tax assessment, and the county has no suitable courthouse, jail or other county buildings, the board may erect them, and for that purpose and for purchasing the land for such buildings, may issue on behalf of the county bonds not exceeding in the aggregate an amount which, when added to the then existing indebtedness of the county, does not exceed six per cent of the value of the taxable property of the county. The board shall first adopt and enter a resolution of intention to issue the bonds and erect the building, stating the public need for the building, the estimated cost and the amount of the bonds to be issued.

§ 11-272 Bonds; interest limitation; form

A. The bonds authorized to be issued by section 11-271 shall bear interest at a rate or rates set forth in the accepted bid, payable semiannually, and shall be issued in such denominations, not less than one hundred dollars each, as the board may direct. The bonds shall be signed by the chairman and attested by the clerk of the board, and shall be in substantially the following form:

"No. _______ The county of ________ in the state of Arizona, for value received, promises to pay to _________ or order, at the office of the treasurer of said county in __________, on the first day of ________, or at any time before that date, at the pleasure of the county, the sum of __________ dollars, with interest at the rate of ___________ per cent, per annum, payable at the office of said treasurer semiannually on the first days of ___________ and _________ in each year on presentation and surrender of the interest coupons hereto attached. This bond is issued by the board of supervisors under the provisions of sections ____________ to __________, inclusive, revised statutes of Arizona, 19, and in conformity with a resolution of said board, dated ____________ day of ________, 19 (Seal.)

In testimony whereof the said county, by its board of supervisors has caused this bond to be signed by the chairman of the board and attested by the clerk of the board, with the county seal attached, this __________ day of _________, 19."

B. The interest coupons shall be in the following form:

"$____________ The treasurer of __________ county, Arizona, will pay to the holder hereof, on the ____________ day of __________, 19, at his office _____________, ___________ dollars for interest on county bond no. ___________."

§ 11-273 Sale of bonds; disposition of proceeds

A. When the bonds are executed, numbered consecutively and sealed, they shall be delivered to the county treasurer, and his receipt taken therefor, and he shall stand charged with all bonds delivered to him and the proceeds thereof.

B. The treasurer shall sell the bonds under the direction and with the approval of the board for not less than par and accrued interest, and the proceeds of the sale shall be used exclusively for the purpose for which issued and as stated in the resolution.

C. The bonds shall be sold to the highest bidder for any part of them after advertising for bids therefor for not less than three weeks in some newspaper of general circulation in the county and in such other newspapers as the board may direct, the right being reserved to reject any or all of the bids.

§ 11-274 Bond register

A. The treasurer shall keep a register of all bonds sold by number, date of sale, amount, date of maturity and the name and address of the purchaser.

B. When a bond is sold by a holder, the purchaser shall notify the treasurer of the purchase, giving the number of the bond and his address, and every transfer shall be noted on the register.

§ 11-275 Tax levy to pay bonds and interest; debt service fund; security

A. The board shall cause to be assessed and levied each year on the taxable property of the county, in addition to the levy authorized for other purposes, an amount sufficient to pay the interest on outstanding bonds and such proportion of the principal that at the end of five years the amount raised from the levy shall equal at least twenty percent of the amount of bonds issued, and at the end of nine years shall equal at least forty percent of the amount, and at and before the date of maturity of the bonds shall equal the whole amount of the principal and interest.

B. The money raised by the levy shall be known as the debt service fund and shall be used only for payment of bonds and interest coupons. The treasurer shall keep in his books a separate account thereof, which shall at all times show the exact condition of the debt service fund.

C. If there is not at any time sufficient monies in the fund to pay the interest due on the bonds, the board may transfer a sufficient sum from the general fund to the debt service fund for such purpose, and any excess in the fund over the amount required for principal and interest on the bonds may be transferred to the general fund.

D. All bonds, heretofore and hereafter issued, are secured by a lien on all revenues received pursuant to the tax levy. The lien arises automatically without the need for any action or authorization by the county or the board. The lien is valid and binding from the time of the issuance of the bonds. The revenues received pursuant to the levy of the tax are immediately subject to the lien. The lien attaches immediately to the revenues and is effective, binding and enforceable against the county, the county's successors, transferees and creditors and all other parties asserting rights in the revenues, irrespective of whether the parties have notice of the lien, without the need for any physical delivery, recordation, filing or further act.

§ 11-276 Redemption of bonds; notice; effect of failure to present bonds

When, after setting aside the amount required to pay the interest maturing before the next levy, the debt service fund is sufficient to redeem one or more bonds, the treasurer shall notify the bond owners in writing that he is prepared to pay them, with the accrued interest, and that if not presented for payment or redemption within forty days after the date of the service or mailing of the notice, the interest on the bond shall cease. If the bonds are not so presented, interest shall cease and the amount due shall be set aside for its payment when presented. Payment of bonds shall be made in the order of their issuance, beginning at the lowest number. The notice required by this section shall be directed to the address of the owner as shown by the record.

Article 6 Industrial Pursuits

§ 11-281 Bond election; industrial pursuits fund

A. The board of supervisors may, and upon petition of fifteen per cent of the property taxpayers of the county who are also qualified electors shall, call an election of the taxpayers to determine whether bonds of the county shall be issued and sold for the purpose of constructing, installing and operating an industrial plant for the manufacture of materials or commodities for use in the construction of public highways or other public works of the county.

B. When the bonds of a county are authorized at the election and are issued and sold, then the county may own or lease and operate the plants for which the bonds were so authorized in any county of the state.

C. The election shall be called and conducted and the results returned and canvassed as in other bond elections conducted by counties. The bonds shall be sold by the board in the same manner as other county bonds.

D. The proceeds shall be placed in a special fund in the county treasury known as the "industrial pursuits fund," which shall be used only for the purposes for which the bonds were authorized.

§ 11-282 Construction of industrial plant; bidding; bond

A. When the proceeds of the bonds are deposited in the treasury, the board of supervisors shall prepare plans and specifications for the plant and equipment, and thereupon shall advertise for bids for the construction and installation of the plant and equipment, in accordance with the plans and specifications, by publishing a notice calling for bids thereon for ten days in a daily or two weeks in a weekly newspaper.

B. The contract shall be let to the lowest responsible bidder, who shall give such bond or bonds as are required under the provisions of title 34, chapter 2, article 2, but the board may contract for any part of the work the cost of which does not exceed one thousand dollars without calling for bids. The board may reject any and all bids received and may advertise again.

§ 11-283 Industrial plant employees; salaries

A. The board may employ engineers and other employees to assist the board and to draft the plans and specifications. The board shall employ a manager to have charge of the operation and maintenance of the plant who shall be skilled in the line of his duties and required to give bond for the faithful performance of his duties in such amount as the board requires.

B. The manager and engineers and other employees necessary for the establishment and operation of the plant shall be paid salaries fixed by the board.

§ 11-284 Sale of industrial products

A. The products of the plant shall be furnished to any board or officer of the county for the construction of any public improvement for the county, at a price based on the cost of manufacture including taxes levied to retire the bonded indebtedness. The board or officer may purchase such products without advertisement for bids and pay for them from funds available for such county work.

B. The products may also be sold, or exchanged for other materials required for public improvements, to other counties and persons, but the price when sold for private purposes shall be the same to all persons for any given quantity, and not less than the price currently being charged the board or officer of the county.

Article 7 Medical Facilities and Care of Indigents

§ 11-291 Hospitalization and medical care of the sick

A. Except as provided in sections 11-293 and 36-183.01 and title 36, chapter 29, the board of supervisors may provide for the hospitalization and medical care of the sick in the county and, to the extent that such expenses are not covered by a third party payor, to persons under the supervision of a county corrections agency. For the purposes of this subsection, third party payor does not include the Arizona health care cost containment system or the Arizona long-term care system and hospitalization and medical care does not include long-term care.

B. The board may employ physicians and other persons necessary to accomplish the purpose of this section.

C. In carrying out the powers and duties prescribed by section 11-251, paragraph 5 and subsection A of this section and for health care education purposes, the board may contract with any qualified person or entity to provide all or a part of the services. Such contracts may be for a term of not more than ten years.

D. The board may enter into contracts for the operation of a county health care system for a term of not more than five years pursuant to procedures adopted by the board. The procedures shall require the exercise of sound business judgment and efforts to obtain contracts that are the most advantageous to the county.

E. The county is entitled to a lien for the charges for any services provided by the hospital or medical care and treatment of an injured person or the provision of long-term care services for which it is responsible pursuant to subsection A of this section or section 11-293, on any and all claims of liability or indemnity for damages accruing to the person to whom hospital or medical service is rendered, or to the legal representative of such person, on account of injuries giving rise to such claims and that necessitated the hospital or medical care and treatment. Recovery of charges pursuant to this subsection shall be in a manner as nearly as possible the same as the procedures prescribed in section 36-2915.

F. A person who receives services pursuant to this article to that extent only shall assign to the county by operation of law that person's rights to all types of medical benefits to which the person is entitled, including first party medical benefits under automobile insurance policies. The county has a right to subrogation against any other person or firm to enforce the assignment of medical benefits. The requirements of this subsection control over the provisions of any insurance policy that provides benefits to a person if the policy is inconsistent with this subsection.

§ 11-292 Medical care; definition

A. The board of supervisors, subject to the applicable provisions of title 42, chapter 17, articles 2 and 3, shall include in its annual budget an amount equal to fifty percent of the amount budgeted by the county board of supervisors or the amount expended, whichever is less, for the hospitalization and medical care of the indigent sick pursuant to this article for fiscal year 1980-1981, except for Yuma and La Paz counties. The contribution amounts of those counties shall be equal to the amount Yuma county would have made pursuant to this subsection if a division had not occurred apportioned between the counties. The office of the auditor general shall determine the amount Yuma county would otherwise have included if a division had not occurred and shall then determine the contribution amounts of Yuma and La Paz counties based on the proportionate share of the estimated population in these counties as of July 1, 1982.

B. For fiscal year 1994-1995, and for each fiscal year thereafter, the state treasurer shall withhold an amount sufficient to meet the county portion of the nonfederal costs of providing long-term care system services, pursuant to title 36, chapter 29, article 2, excluding services to persons with developmental disabilities, from monies otherwise payable to the county under section 42-5029, subsection D, paragraph 2. This amount and the state portion of the nonfederal costs shall be specified in the annual appropriation for the maintenance and operation of the Arizona health care cost containment system. For fiscal years 1994-1995, 1995-1996 and 1996-1997, monies shall be withheld from each county based on the following percentages derived from a state auditor general's certified audit of fiscal year 1987-1988 county long-term care and home health care expenditures, except that amounts withheld shall be adjusted to reflect amounts paid by counties pursuant to section 36-2952:

1. Apache: 0.22%

2. Cochise: 2.49%

3. Coconino: 0.66%

4. Gila: 2.56%

5. Graham: 0.64%

6. Greenlee: 0.34%

7. La Paz: 0.34%

8. Maricopa: 56.55%

9. Mohave: 2.73%

10. Navajo: 0.91%

11. Pima: 20.55%

12. Pinal: 5.09%

13. Santa Cruz: 1.05%

14. Yavapai: 3.12%

15. Yuma: 2.75%

C. In each fiscal year, of the total amount that is specified in the annual appropriation as the nonfederal portion of the cost of providing long-term care services and that portion of the phased-down medicare prescription drug state contribution attributable to the Arizona long-term care system, excluding services and phased-down medicare prescription drug state contribution costs associated with persons with developmental disabilities, and that represents an increase from the amount that was specified in the annual appropriation for the prior fiscal year, the state shall pay fifty percent of the increase. The remaining nonfederal portion of the costs shall be apportioned among the counties according to the proportion that each county's net nonfederal expenditures for long-term care services, excluding services to persons with developmental disabilities, bears to the total nonfederal expenditure for all counties two fiscal years earlier, with the following adjustments in the following order:

1. If the resulting net county contribution when expressed as an imputed property tax rate per $100 of net assessed value exceeds $.90, the county's contribution shall be reduced so that the imputed property tax rate equals $.90 and the difference shall be paid by the state.

2. Any county with a Native American population that represents at least twenty percent of the county's total population according to the most recent United States decennial census shall contribute an amount equal to the prior fiscal year's contribution plus fifty percent of the difference between the prior year's contribution were it calculated using the percentage in subsection B of this section and the current year's contribution as if its share of the total nonfederal portion of the long-term care costs had been calculated using the percentage prescribed in subsection B of this section, and the state shall pay any difference from the amount otherwise required by this subsection.

3. If, after making the adjustments in this subsection, a county would contribute more than if its contribution were calculated using the percentage prescribed in subsection B of this section multiplied by the total nonfederal costs of long-term care services, excluding services to persons with developmental disabilities, the county's contribution shall be reduced to the sum of its prior year's contribution plus fifty percent of the difference between the prior year's contribution were it calculated using the percentage in subsection B of this section and the current year's contribution as if its share of the total nonfederal portion of long-term care costs had been calculated using the percentage prescribed in subsection B of this section, and the state shall pay any difference from the amount otherwise required by this subsection.

4. After making all of the adjustments in this subsection, a statewide per capita county contribution shall be calculated by summing the contributions for all counties and then dividing the resulting total by the total state population. If an individual county's contribution when expressed as a per capita contribution exceeds the statewide per capita county contribution, the county's contribution shall be reduced so that the county's contribution equals the statewide per capita contribution, and the difference shall be paid by the state. For the purposes of this paragraph, "population" means the population estimate approved by the office of economic opportunity for the most recent fiscal year.

D. The director of the Arizona health care cost containment system administration shall notify each county of the amount determined pursuant to subsection A of this section to be included in its annual budget not later than May 1 of each year.

E. If a county does not provide funding as specified in subsection A of this section, the state treasurer shall subtract the amount owed to the Arizona health care cost containment system fund by the county from any payments required to be made by the state treasurer to that county pursuant to section 42-5029, subsection D, paragraph 2, plus interest on that amount pursuant to section 44-1201 retroactive to the first day the funding was due. If the monies the state treasurer withholds are insufficient to meet that county's funding requirement as specified in subsection A of this section, the state treasurer shall withhold from any other monies payable to that county from whatever state funding source is available an amount necessary to fulfill that county's requirement. The state treasurer shall not withhold distributions from the highway user revenue fund pursuant to title 28, chapter 18, article 2.

F. Each month payment of an amount equal to one-twelfth of the total amount determined pursuant to subsection A of this section shall be made to the state treasurer. Payment of this amount shall be made to the state treasurer on or before the fifth day of each month. On request from the director of the Arizona health care cost containment system administration, the state treasurer shall require that up to three months' payments be made in advance, if necessary.

G. The state treasurer shall deposit the amounts paid pursuant to subsection F of this section and amounts withheld pursuant to subsection E of this section in the Arizona health care cost containment system fund established by section 36-2913.

H. If payments made pursuant to subsection F of this section exceed the amount required to meet the costs incurred by the Arizona health care cost containment system for the hospitalization and medical care of a person who is defined as an eligible person pursuant to section 36-2901, paragraph 6, subdivision (a), the director of the Arizona health care cost containment system administration may instruct the state treasurer to either:

1. Reduce remaining payments to be paid pursuant to this section by a specified amount.

2. Provide to the counties specified amounts from the Arizona health care cost containment system fund.

I. The amount of the county contribution to the Arizona health care cost containment system fund established by section 36-2913 shall not exceed thirty-three percent of the amount that the system administration expended in the county for fiscal year 1983-1984. For the purposes of this subsection, system administration expenditures in a county for fiscal year 1983-1984 are the total capitation and fee for service amounts paid by the system administration to providers in a county before February 1, 1986 for services rendered during fiscal year 1983-1984 to persons eligible for the system.

J. The state treasurer shall deposit the monies withheld from the counties and contributed by the state pursuant to subsection B of this section in the long-term care system fund established by section 36-2913, in twelve equal monthly installments. The monthly installments shall be deposited in the fund by the state treasurer by the fourth working day of each month.

K. By July 1 or within sixty days after enactment of the annual appropriation for the maintenance and operation of the Arizona health care cost containment system, whichever is later, and after consulting with the joint legislative budget committee and the governor's office of strategic planning and budgeting, the state treasurer shall notify each county of the amount to be withheld pursuant to subsection B of this section.

L. If the monies deposited in the long-term care system fund pursuant to subsection J of this section are insufficient to meet the funding requirement as specified in the annual appropriation for the maintenance and operation of the Arizona health care cost containment system pursuant to subsection B of this section, the state treasurer shall withhold from any other monies payable to that county from any available state funding source, other than the highway user revenue fund, the amount required to fulfill fifty percent of the funding requirement and shall deposit the monies in the long-term care system fund. The state shall pay the remaining fifty percent of the funding requirement.

M. If any monies in the funds for the purpose of title 36, chapter 29, article 2 remain unexpended at the end of the fiscal year, the director of the Arizona health care cost containment system administration shall report to the state treasurer, the joint legislative budget committee and the governor's office of strategic planning and budgeting on or before December 1 the amount to be withdrawn from the long-term care system fund. Of the amount reported, the state treasurer shall distribute fifty percent to the counties pursuant to subsection B or C of this section. The remaining fifty percent shall be distributed to this state. The report shall include the calculations the administration used to compute the total amount of the surplus and the apportionment of the surplus between each county and this state.

N. The board of supervisors of a county that is a program contractor pursuant to section 36-2940 shall include in its annual budget, subject to title 42, chapter 17, articles 2 and 3, monies received from the Arizona health care cost containment system fund and long-term care system fund for the purposes of title 36, chapter 29, article 2.

O. Notwithstanding any law to the contrary, beginning in fiscal year 2005-2006 and in each fiscal year thereafter, the state treasurer shall withhold a total of $2,395,400 for the county contribution for the administrative costs of implementing sections 36-2901.01 and 36-2901.04 beginning with the second monthly distribution of transaction privilege tax revenues otherwise distributable after subtracting any amounts withheld for the county long-term care contribution. The state treasurer shall adjust the amount withheld according to the annual changes in the GDP price deflator and as calculated by the joint legislative budget committee staff. The joint legislative budget committee shall calculate an additional adjustment of the allocation required by this subsection based on changes in the population as reported by the office of economic opportunity. For the purposes of this subsection, "GDP price deflator" has the same meaning prescribed in section 41-563. Each county's annual contribution is as follows:

1. Apache, 3.296 percent.

2. Cochise, 6.148 percent.

3. Coconino, 6.065 percent.

4. Gila, 2.491 percent.

5. Graham, 1.7710 percent.

6. Greenlee, 0.455 percent.

7. La Paz, 0.9430 percent.

8. Mohave, 7.079 percent.

9. Navajo, 4.640 percent.

10. Pima, 42.168 percent.

11. Pinal, 8.251 percent.

12. Santa Cruz, 1.950 percent.

13. Yavapai, 7.794 percent.

14. Yuma, 6.949 percent.

P. The state treasurer shall deposit the amounts paid pursuant to subsection O of this section in the budget neutrality compliance fund established by section 36-2928.

Q. Beginning in fiscal year 2006-2007 for a county that is subject to section 12-269, the county's contributions pursuant to this section shall be reduced by the amount of state aid for probation services that the county would have received in the first fiscal year in which the county does not receive state aid for probation services. Any increase in the county's contributions in subsequent years shall be reduced according to its proportionate share of the base contribution. County contributions shall be reduced in the following priority:

1. First as applied to the contribution provided for in subsection O of this section.

2. Second as applied to the contribution provided for in subsection A of this section or any other contribution for acute care or for the provision of hospitalization and medical care that would otherwise be required.

3. Third as applied to the contribution provided for in subsection C of this section.

R. Beginning in fiscal year 2007-2008 for a county that is subject to section 22-117, subsection D, the county's contributions pursuant to this section shall be reduced by the amount of the state reimbursement that the county would have received in fiscal year 2007-2008 for the salaries of justices of the peace pursuant to section 22-117, subsection B. Any increase in the county's contributions in subsequent years shall be reduced according to its proportionate share of the base contribution. County contributions shall be reduced in the following priority:

1. First as applied to the contribution provided for in subsection O of this section.

2. Second as applied to the contribution provided for in subsection A of this section or any other contribution for acute care or for the provision of hospitalization and medical care that would otherwise be required.

S. For the purposes of this section, "net assessed value" includes the values used to determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1, article 8.

§ 11-293 Long-term care; counties; duties; requirements for payment; home health care

A. From and after October 1, 1989, each county shall provide nursing care institution services, supervisory care services or adult foster care services for indigent persons qualified for hospitalization and medical care pursuant to this article who were receiving services pursuant to this section on September 30, 1989 or who had requested to be screened pursuant to subsection F of this section, and who are not determined eligible for long-term care pursuant to title 36, chapter 29, article 2. If a person was determined ineligible under title 36, chapter 29, article 2 because that person did not meet the resource requirements pursuant to section 36-2934, a county may bill and collect from that person the actual cost of services provided pursuant to this section until such time as the person's remaining resources equal the maximum resource limit allowable under title 36, chapter 29, article 2. Notwithstanding any law to the contrary, a county shall not reduce the eligibility standards, benefit levels and categories of services in effect on March 1, 1988 for persons eligible pursuant to this section.

B. The standards adopted by a board of supervisors shall provide that a portion of the indigent person's income allowed pursuant to this section shall be retained by the person for the person's personal use. This portion shall not be less than fifteen per cent of the maximum benefit available under title XVI of the federal social security act, as amended. As provided by state and federal law, counties may file a claim against a person's estate to recover paid assistance. For the purposes of this article, the counties may impose liens according to state and federal law on the property of these persons.

C. The medical, nursing and social needs of the indigent person eligible pursuant to subsection A of this section shall be evaluated annually in order to provide placement of the indigent person in the least restrictive health care environment possible.

D. A nursing care institution, supervisory care home or adult foster care provider is not eligible for payment of the costs of providing health care services to an indigent person pursuant to this section unless the person has been determined to be eligible for placement pursuant to this section.

E. A person shall not be placed in a supervisory care home or with an adult foster care home provider pursuant to this article unless home health care services and outpatient medical services, as necessary, are provided as a condition of the placement.

F. A county shall screen members as defined in section 36-2901 or persons eligible pursuant to this article within eight days, excluding Saturdays and holidays, if there is a written request for such screening before October 1, 1989, including a request by a contractor as defined in section 36-2901. The screening shall determine whether placement is appropriate in a nursing care institution or adult foster care home. The county shall also determine eligibility for such members or persons within this eight day period, excluding Saturdays and holidays. If the county determines that placement is appropriate, it shall place the person at the appropriate level of care within ten days, excluding Saturdays and holidays, after the written request for screening. The member's provider who contracts with the administration pursuant to section 36-2904, subsection A is responsible for the member's care until the county screens and places the member.

G. If the county does not complete the eligibility determination, screening and placement of a member or person determined appropriate for placement in the specified time period, the county shall reimburse the Arizona health care cost containment system for the medical expenses incurred or paid for which the Arizona health care cost containment system would not have been responsible except for the county's failure to determine eligibility, screen and place the person within the specified time period.

H. If a dispute arises between the Arizona health care cost containment system, including contractors as defined in section 36-2901, and the county regarding the appropriateness of placement in long-term care for persons eligible pursuant to subsection A of this section, the dispute shall be submitted to a multidisciplinary review board designated by the board of supervisors. The review board shall consist of one physician, one nurse and one social worker, and two appropriate representatives from the Arizona health care cost containment system administration. If the review board determines that the long-term care was appropriate when requested the county shall reimburse the Arizona health care cost containment system for the medical expenses incurred or paid for which the Arizona health care cost containment system would not have been responsible except for the county's failure to determine eligibility, screen and place the person within the specified time period.

§ 11-293.01 Adult foster care program for the indigent sick; specifications

A. Each county shall establish an adult foster care program for the indigent sick within the department charged with the delivery of hospitalization and medical care for the indigent sick in the county. The adult foster care program shall be operated in conjunction with the home health services and outpatient medical services provided by the county.

B. Any person who meets the standards prescribed by the county may apply to the county for certification as an adult foster care home provider qualified to receive placement of indigent persons qualified for hospitalization and medical care pursuant to this article. An adult foster care provider shall not provide care or residence on any basis to more than four adults who are not related to the provider. A person shall not be certified as an adult foster care home provider pursuant to this section unless such person agrees to maintain standards prescribed by the county with respect to the self-administration of medications, sanitation and nutrition.

C. The county shall contract with one or more adult foster care providers certified pursuant to this section for the custodial placement of adult indigent persons who are eligible for adult foster care pursuant to section 11-293.

D. The county shall provide all necessary hospitalization and medical care for indigent persons placed pursuant to this section.

§ 11-294 Bond of contractor; contents of contract

The person to whom a contract for the operation of a county hospital is awarded shall give to the county a bond of not less than five thousand dollars, conditioned upon faithful performance of the contract, which shall be approved by the board. The contract shall specify distinctly the amount proposed to be charged for each day's attendance upon each indigent sick person.

§ 11-295 Use of county hospital and equipment by contractor; inventory of equipment

A. The contractor may use any building used for a hospital which is owned by the county together with the county furniture and appliances therein.

B. The board shall prepare an inventory of all medical stores, furniture and appliances belonging to the county, and the contractor shall receive them and give receipt therefor and shall thereafter be responsible to the county for them.

§ 11-296 Record of indigent care

A. The contractor, or the person in charge, shall keep an accurate written account of:

1. The names of all persons admitted into the hospital.

2. The date of admission.

3. Their disease or affliction.

4. The number of days they remain.

5. The date of their discharge, or death.

B. A verified statement containing the information required by subsection A of this section, shall be filed by the contractor quarterly with the board, and he shall not be paid for any services until he has complied with this section.

§ 11-297 Seriously mentally ill; county responsibility; definition

A. Notwithstanding section 11-291:

1. A county that has a population of less than six hundred thousand persons must provide the benefit levels and categories of services for the behavioral health treatment, behavioral health hospitalization and behavioral health medical care of persons who are seriously mentally ill as required by law as of January 1, 2001.

2. A county that has a population of more than six hundred thousand persons but less than two million persons and that has an intergovernmental agreement with the department of health services in effect as of January 1, 2001 for the delivery of behavioral health and mental health care services must maintain an agreement with this state to provide for the integration of the system at the same funding amount, except for the funding for court-ordered screening and evaluation pursuant to title 36, chapter 5, article 4.

3. A county that has a population of more than two million persons and that has an intergovernmental agreement with the department of health services in effect as of January 1, 2001 for the delivery of services to the seriously mentally ill must maintain an agreement with this state to provide for the integration of the system at the same terms and funding amount and with a mutually agreed on annual adjustment for inflation.

B. For the purposes of this section, "seriously mentally ill" has the same meaning prescribed in section 36-550.

§ 11-299 Contagious cases

A contractor or person having charge of the county hospital shall not be required to admit and care for any person afflicted with cholera, yellow fever or smallpox, but the board shall make temporary rules, regulations and contracts for such persons.

§ 11-300 Tobacco settlement agreement; decreased payments; county contribution

A. If the total of the initial payment, annual payment and strategic contribution payment, as these terms are prescribed by sections IX(b) and IX(c) of the master settlement agreement entered into on November 23, 1998 between this state and certain United States tobacco product manufacturers, in any fiscal year is less than sixty-six per cent of the original amount identified in that agreement, and the state has used all previous tobacco settlement payments to administer and provide health care, in the following fiscal year the counties shall contribute an amount that equals thirty-three per cent of the difference between the actual payment and sixty-six per cent of that original amount identified for each year of the master settlement agreement. The staff of the joint legislative budget committee shall calculate the total county contribution pursuant to this subsection.

B. The state shall use monies paid by the counties pursuant to subsection A of this section to provide indigent health care services. If the state does not use all settlement payments for health care costs, the counties are not required to provide monies pursuant to this section.

C. A county's share of the payments prescribed pursuant to subsection A of this section is the percentage of that county's current population to the state's current population. The staff of the joint legislative budget committee shall calculate each county's contribution. For the purposes of this subsection, "current population" means the population estimated by the department of economic security as of July 1 of the calendar year that precedes the beginning of a fiscal year.

D. The state treasurer shall withhold the amount owed by a county from any payments required to be made by the state treasurer to that county pursuant to section 42-5029, subsection D, paragraph 2 after any amounts withheld for the county long-term care contribution or the county administration contribution pursuant to section 11-292, subsection O. If the monies the state treasurer withholds are insufficient to meet that county's funding requirements as specified in this section, the state treasurer shall withhold from any other monies payable to that county from whatever state funding source is available an amount necessary to fulfill that county's requirements. The state treasurer may not withhold distribution from the highway user revenue fund pursuant to title 28, chapter 18, article 2.

E. On or before the fifth day of each month each county shall pay to the state treasurer an amount equal to one-twelfth of the total monies prescribed pursuant to this section. The state treasurer shall deposit these monies in the budget neutrality compliance fund established by section 36-2928. On request from the director of the Arizona health care cost containment system administration, the state treasurer shall require a county to make up to three months' payments in advance.

§ 11-301 Discharge of patient capable of self-support; violation; classification

A. A person admitted to the hospital shall be permitted to remain there so long as he is sick or has a disability or unable to earn a livelihood, and no longer. The contractor or superintendent shall discharge from the hospital every person as soon as he is restored to health and strength sufficient to support himself.

B. A contractor or person having charge of the hospital who knowingly permits a person to remain in the hospital at the expense of the county after he is restored to health and strength is guilty of a class 2 misdemeanor.

§ 11-302 County tuberculosis sanitarium; admission of patients

A. The board may provide, equip and maintain a separate building or separate part of a building for the exclusive use and treatment of tubercular persons of the county, which shall be known as the county tuberculosis sanitarium. If there is a nonsectarian hospital for the treatment of tuberculosis in the county, the board may select that hospital for such care and treatment.

B. A tubercular person of the county in need of hospital care or medical attention, whether indigent or able to pay in whole or in part, may be admitted to the sanitarium, or selected hospital, under rules and regulations prescribed by the board. A person not an indigent who receives such care or attention shall pay for such services so far as he is able to do so.

§ 11-303 Disposition of body of deceased indigent

A. Upon the death of an indigent, the board shall use reasonable efforts to find a relative or friend of the deceased or an organization of which the deceased was a member in order to deliver the body to such person or organization for burial.

B. If no such relative, friend or organization is found by the board, it shall notify the department of health services as required by section 36-804.

Article 7.1 Health Care

§ 11-306 Authority to construct, acquire, lease or sell health care institutions

Counties, cities, including charter cities, and towns of this state may construct, purchase, own, lease, either as lessor or lessee, and sell either for cash or on a deferred installment sales contract one or more health care institutions as the term is defined in section 36-401. This section shall not be construed as granting additional powers to, or limiting existing powers of, counties, cities and towns regarding the operation of health care institutions. The lease or sales agreements may contain any provision deemed necessary by the governing body in order to secure the payment thereof.

§ 11-307 Issuance of bonds; negotiability; investment; definition

A. A governing body of any county, city or town may issue bonds for and on behalf of the county, city or town to provide funds to construct, purchase or lease, as lessee, any health care institution. The bonds shall be payable solely from the revenues of the issuer received from the payment of leases or purchase agreements for the lease or sale of the health care institution constructed, purchased or leased, as lessor, by the issuer.

B. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes of title 44. They may be in one or more series which may be secured by revenues from the lease or sale of one or more health care institutions, may bear such dates, may be payable in such medium of payment, at such places, may carry such registration privileges, shall be executed in such manner, contain such terms, covenants and conditions and shall be in such form, either coupon or registered, as the governing body may by resolution prescribe. The bonds shall be payable at one time, or from time to time in such manner and in such maturities no longer than forty years from their date as the governing body may prescribe. The bonds may be additionally secured by reserve or sinking funds which may either be capitalized in whole or in part from bond proceeds or accumulated over the term of the bonds from pledged revenues. Any or all of the bonds may be callable at such times, on such terms and in such manner as the governing body by resolution may prescribe. The bonds may be refunded by the issuance of refunding bonds either at or in advance of maturity, but the mere issuance of refunding bonds shall never be construed to advance the maturity or change stated call dates of the bonds being refunded. The bonds shall bear such rate or rates of interest as the governing body may provide and may be sold above, at, or below par at either public or private sale. The issuer may assign its interest in any or all of the leases, purchase contracts, reserve or sinking funds securing any issue or series of bonds to a bank or trust company doing business in this state as an indenture trustee. The resolution of the governing body authorizing the issuance of the bonds may contain such covenants, conditions and provisions as deemed necessary to secure the bonds.

C. Bonds issued under the provisions of this article shall be legal investments for all banks, trust companies and insurance companies organized and operating under the laws of this state. The bonds and interest thereon shall be paid solely in accordance with their terms and shall not be obligations general, special or otherwise of this state. Such bonds shall not constitute a legal debt of this state and shall not be enforceable against the state. The issuer shall not in any event be liable for the payment of the principal of or interest on the bonds from any source of revenues other than those pledged for the payment of the bonds. The bonds shall never be construed to constitute an indebtedness of the issuer within the meaning of any constitutional or statutory provisions whatsoever.

D. For purposes of this article, the term "health care institutions" shall include but not be limited to land, buildings, aircraft and ground vehicles reasonably necessary to conduct an ambulance service.

§ 11-309 Hospital enterprise; accounting; fund; administration; budget

A. A county with a population of more than five hundred thousand persons as shown by the most recent United States decennial census may establish a hospital enterprise that may include all hospital and ambulatory care facilities, property, both tangible and intangible, and services owned, performed or provided by the county. A hospital enterprise shall be a separate unit of the county, and all revenues and expenditures of the hospital enterprise shall be accounted for as a separate unit. Notwithstanding section 36-187, subsection B, all monies received from the operation of the hospital enterprise shall be deposited in a hospital enterprise fund. All expenses of the hospital enterprise shall be paid from the hospital enterprise fund.

B. The board of supervisors of the county shall govern the hospital enterprise but may name one or more persons to administer the hospital enterprise and to direct its operations. Notwithstanding section 11-251, paragraph 9, the board of supervisors may pledge or assign any hospital improvements, additions or equipment purchased with the proceeds of any lease-purchase agreements and may take all other action or order all acts by agents, attorneys or independent contractors necessary and appropriate for the operation of the hospital enterprise and for the payment of any lease-purchase agreements.

C. A county with a hospital enterprise may incur lease-purchase agreements payable solely from the hospital enterprise fund, as augmented by the special fund authorized under subsection D of this section.

D. For each fiscal year in its annual budget prepared pursuant to title 42, chapter 17, article 3, the county may budget an amount equal to any expected shortfall between the hospital enterprise fund's expected revenues, proceeds and receipts and the hospital enterprise's expected disbursements, including disbursements for operation and maintenance expenses and payments on lease-purchase agreements, and may establish a special fund into which the county treasurer shall pay only excise tax revenues collected by the state and remitted to the county or collected by the county, unless these taxes are otherwise restricted by law to specific nonhealth care uses. The special fund may be set aside solely for the payment of operation and maintenance of the hospital enterprise and lease-purchase agreements as provided in this section. The amount of excise tax proceeds deposited in the special fund shall be determined by the board of supervisors in the annual budget. The treasurer shall transfer monies out of the special fund into the hospital enterprise fund or shall pay warrants drawn on the hospital enterprise fund with monies in the special fund whenever a shortfall exists in the hospital enterprise fund. The establishment of the special fund for any fiscal year does not obligate the county to the continued maintenance of the fund in any later fiscal year. The county treasurer shall administer the special fund as directed by the board of supervisors.

E. Lease-purchase agreements under this section may be payable over a term of not more than twenty years.

Article 8 Burial of Indigent Veterans

§ 11-311 Appointment of veteran to supervise burial

The board of supervisors shall appoint any honorably discharged veteran of any branch of the military establishment of the United States who is a resident of the county to oversee the final disposition of indigent veterans and their spouses whose final arrangements are coordinated through the county pursuant to section 36-831. A person appointed pursuant to this section shall ensure that arrangements made by the county conform to the proper practices for veterans and that, if burial occurs, the burial is made in a veterans' cemetery or a portion of a cemetery that is designated for the burial of veterans and spouses of veterans.

Article 9 Building Permits

§ 11-321 Building permits; issuance; state preemption; utilities; distribution of copies; subsequent owner; limitation; definition

A. Except in those cities and towns that have an ordinance relating to the issuance of building permits, the board of supervisors shall require a building permit for any construction of a building or an addition to a building exceeding a cost of $1,000 within its jurisdiction. The building permit shall be filed with the board of supervisors or its designated agent.

B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section. A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a county.

C. A county may not deny a permit application based on the utility provider proposed to provide utility service to the project.

D. A county issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.

E. The board of supervisors may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit.

F. Where deemed of public convenience, the board of supervisors shall allow the application for and the issuance of building permits by mail.

G. One copy of the building permit required by the terms of subsection A of this section shall be transmitted to the county assessor and one copy shall be transmitted to the director of the department of revenue. The permit copy provided to the assessor and the department of revenue shall have the permit number, the issue date and the parcel number for which the permit is issued. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.

H. If a person has constructed a building or an addition to a building without obtaining a building permit, a county shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit enforcing an applicable ordinance or code provision that affects the public health or safety.

I. This section does not prohibit a county from recovering reasonable costs associated with reviewing and issuing a building permit.

J. This section does not affect any authority of a county to manage or operate a county-owned utility.

K. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.

§ 11-322 Violations; classification

Any person who fails to obtain a building permit when one is required under this article or who violates any other provision of this article shall be guilty of a petty offense.

§ 11-323 Solar construction permits; standards; definition

A. Counties shall adopt the following standards for issuing permits for the use of certain solar energy devices:

1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:

(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.

(b) Photovoltaic panel mounting details shall be included in the installation plans.

(c) The electrical diagrams shall include one-line or three-line diagrams. A one-line or three-line electrical diagram is not required if a qualified online automated permitting platform is used to verify code compliance.

(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.

(e) A county shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.

(f) A county may use a qualified online automated permitting platform to verify code compliance in order to satisfy the requirements of subdivisions (a), (b), and (c) of this paragraph.

2. For solar water heating systems, the following apply:

(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.

(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.

(c) A county shall not require a stamp from a professional engineer for a single-family solar water heating system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.

B. Any building or permit fee or charge assessed by a county for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee.

C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, a county shall hold a public hearing on the issue with at least fifteen days' published notice.

D. The method by which a county arrives at an assessed permit or plan fee must be published and made available to the public.

E. For the purposes of this section, "qualified online automated permitting platform" means a web-based portal that automates plan review, produces code-compliant approvals and issues permits for residential solar energy systems and residential energy storage systems paired with residential solar energy systems in real time.

§ 11-324 Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions

A. Notwithstanding any other law, construction of a hoophouse or polyhouse is exempt from county building permit requirements if the hoophouse or polyhouse meets all of the following requirements:

1. The structure does not have a permanent anchoring system. The structure shall be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation.

2. There is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals or flammable materials.

3. The structure is not wider than thirty-one feet and there is an unobstructed path of not more than one hundred fifty feet from any point to a door or fully accessible wall.

4. The covering of the structure is of material not greater than twelve mils in thickness, that conforms to the national fire protection association standard methods of fire tests for flame propagation of textiles and films (NFPA 701) and that yields approximately four pounds of maximum impact resistance to provide egress through the wall.

B. Notwithstanding subsection A of this section, if a hoophouse or polyhouse is located on a lot less than one acre in size within a residential community, a county may adopt an ordinance to regulate the structure's height above the fence line.

C. Notwithstanding subsection A of this section, if a hoophouse or polyhouse contains a device that is subject to existing county electrical or mechanical codes and regulations, a permit shall be required for the device. If the hoophouse or polyhouse is connected to a potable water system, a permit shall be required for the backflow prevention devices contained within the potable water system.

D. Notwithstanding subsection A of this section, a hoophouse or polyhouse shall comply with all height, setback and lot coverage requirements contained in the county zoning and land use regulations for detached accessory buildings or structures.

E. A county may establish an administrative review process for a hoophouse or polyhouse constructed pursuant to this section and may require a person who intends to build a hoophouse or polyhouse to submit to the county documentation that contains information regarding the construction of the hoophouse or polyhouse, including the materials being used, so the county may determine if the planned construction meets the requirements of this section.

F. For the purposes of this section:

1. "Hoophouse" or "polyhouse" means a greenhouse used exclusively for producing and storing live plants.

2. "Permanent anchoring system":

(a) Means a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.

(b) Includes permanent foundations and anchors.

Article 10 County Employee Merit System

§ 11-351 Definitions

In this article, unless the context otherwise requires:

1. "Board" means the board of supervisors.

2. "Clerk" means the clerk of the board of supervisors.

3. "Commission" means the county employee merit system commission.

§ 11-352 Adoption of limited county employee merit system by resolution; precinct committeemen

A. Any county may by resolution of the board adopt a limited county employee merit system. This system may be applied to county-appointed officers and employees. Elected officers shall not be included in such a merit system.

B. Notwithstanding any other law, rule or ordinance, a county employee may serve in the office of precinct committeeman.

§ 11-353 County employee merit system commission; members; terms; vacancies

A. On the adoption of a county employee merit system the board of supervisors shall appoint a county employee merit system commission to assist in administering the system. The commission shall consist of five members, each of whom shall hold office for a term of four years and until a successor is appointed and qualified. Of the members first appointed, two shall serve for a two-year term, two for a three-year term and one shall serve a four-year term, and the members shall determine by lot the length of their terms. Appointment to fill a vacancy caused by other than expiration of term shall be for the unexpired portion of the term.

B. Members of the commission shall be selected from among the qualified electors of the county. No more than three of the members shall be from the same political party.

C. If the members of the county employee merit system commission are the same members that the board of supervisors appoints to the county merit system council for law enforcement officers established pursuant to section 38-1002, the board of supervisors may appoint the members of the county employee merit system commission to five-year terms consistent with the terms prescribed by section 38-1002, subsection C. To make the terms consistent, a member's current term on the county employee merit system commission shall extend to the date on which the member's current term on the county merit system council for law enforcement officers expires. The subsequent term of office will be five years as prescribed by section 38-1002, subsection C.

§ 11-354 Powers and duties of the commission

A. The commission shall perform those duties and exercise those powers that are necessary to carry out this article.

B. The commission may appoint hearing officers to conduct hearings on behalf of the commission.

§ 11-355 Minimum qualifications for employment

The minimum qualifications or standards prescribed for any class or grade of employment shall not be less than those prescribed by law for the class or grade of county officers and employees.

§ 11-356 Dismissal, suspension or reduction in rank of employees; appeals; hearings

A. Any officer or employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority after appointment or promotion is complete only by written order, stating specifically the reasons for the action. The order shall be filed in the officer's or employee's official county personnel record and a copy shall be furnished to the person to be dismissed, suspended or reduced.

B. Within ten calendar days after the order is presented to the officer or employee, the officer or employee may appeal the order through the clerk of the commission. On the filing of the appeal, the clerk of the commission shall immediately transmit the order and appeal to the commission for a hearing.

C. Within twenty calendar days after receiving the order and appeal, the commission shall set a date for a hearing of the appeal. The appellant may appear personally, produce evidence and have counsel.

D. The commission may appoint a hearing officer to conduct the hearing and take evidence on behalf of the commission. If a hearing officer is appointed to conduct the hearing, on conclusion of the hearing the hearing officer shall submit proposed findings of fact, conclusions of law and a recommendation to the commission.

E. Any appeal of a dismissal, suspension or reduction in rank in which a single hearing officer has been appointed by the commission to conduct the appeal hearing shall be open to the public unless the hearing officer determines that good cause exists to close the hearing.

F. In any appeal of a dismissal, suspension or reduction in rank in which a single hearing officer has been appointed to conduct the appeal hearing, the officer or employee or the employer may request a change of hearing officer. On the first request of a party, the commission shall grant the request. The commission may grant all other requests only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer. The chairperson of the commission shall decide whether a sufficient showing of prejudice has been made.

G. Following the hearing, or if a hearing officer has been appointed, following receipt of the hearing officer's proposed findings of fact, conclusions of law and recommendation, the commission shall either affirm, modify or revoke the order.

H. The findings and decision of the commission shall be final and shall be subject to administrative review as provided in title 12, chapter 7, article 6.

I. This section does not apply to furloughs of classified employees if the furloughs are undertaken to address budget shortfalls or structural imbalance.

§ 11-357 County employees; political campaigns; applicability

A. Notwithstanding any other law, a county employee who is employed by the county elections department shall not be a chairman, treasurer or other officer of any political campaign, including a candidate campaign committee.

B. This section applies without regard to whether the county employee is covered as a member of the county employee merit system but does not apply to a person holding elected office.

Article 11 Deferred Prosecution Programs

§ 11-361 Definition of program

For the purposes of this article, unless the context otherwise requires, "program" means a special supervision program in which the county attorney of a participating county may divert or defer, before a guilty plea or a trial, the prosecution of a person who is accused of committing a crime.

§ 11-362 Deferred prosecution program; administration; guidelines; records; reports; technical assistance

A. The program, as defined in section 11-361, shall be administered by the county attorney of each participating county according to guidelines established by the Arizona prosecuting attorneys' advisory council. The Arizona prosecuting attorneys' advisory council shall modify the guidelines, as necessary, to conform to any changes that are made to a statute that authorizes the program.

B. The county attorney of any county that has established a program shall:

1. Establish and maintain statistical records pertaining to the program including:

(a) The number of persons who were enrolled in deferred prosecution programs during the previous fiscal year.

(b) The number of persons who successfully completed deferred prosecution programs during the previous fiscal year.

(c) If available, the number of persons who were enrolled in deferred prosecution programs during the previous fiscal year and who were subsequently convicted of a new felony offense.

2. Annually submit an evaluation of the program to the president of the senate, the speaker of the house of representatives and the joint legislative budget committee.

C. On request of a county attorney, the Arizona prosecuting attorneys' advisory council may provide technical assistance to the county attorney to develop or refine the county attorney's deferred prosecution program.

§ 11-363 County attorney deferred prosecution fund

A. Each county may establish a county attorney deferred prosecution fund consisting of the following monies:

1. County general fund appropriations.

2. Federal monies that are appropriated for deferred prosecution programs.

3. Grants, gifts, devises and donations from any public or private source.

B. Monies in the fund shall be used at the discretion of the county attorney for administering deferred prosecution programs established pursuant to section 11-361.

§ 11-365 Diversion and deferred prosecution of offenders

The county attorney has sole discretion to decide whether to divert or defer prosecution of an offender. This section does not preclude the ability of another prosecuting agency to divert or defer the prosecution of an offender as otherwise provided by law.

Article 12 Street and Highway Improvement Bonds

§ 11-371 Borrowing power of counties

A county, in addition to other powers conferred upon it by law, may borrow money and issue bonds for the purpose of improvement, construction, reconstruction, acquisition of rights-of-way or maintenance of county streets and highways.

§ 11-372 Vote on bond issues

When the board of supervisors of a county determines to borrow money under the provisions of this article, the question of issuing bonds under this article shall be submitted to the qualified electors of the county. No bonds shall be issued without the assent of a majority of such qualified electors voting at an election held for that purpose as provided in this article.

§ 11-373 Election resolution; contents; publication

A. The board of supervisors shall adopt a resolution calling an election upon the question of the issuance of bonds. The resolution shall state in substance:

1. The maximum amount of bonds to be issued.

2. The purpose for which the bonds are to be issued.

3. The maximum rate of interest which the bonds are to bear.

4. A brief and concise statement containing an irrevocable appropriation providing for the payment of the principal and interest of the bonds from monies to be derived from taxes, fees, charges and other monies collected by the state and returned to such county for street and highway purposes pursuant to law which have not been theretofore specially allocated and pledged for the payment of indebtedness.

5. The date on which the election will be held.

6. The places where votes may be cast.

7. The hours between which polling places will be open.

B. The election resolution shall be published in full at least once, not less than fifteen nor more than thirty days prior to the date of the election, in a newspaper published in the county and of general circulation in the county.

§ 11-374 Ballots

At the election the ballot shall contain the words "for the bonds" and "against the bonds" and to the right of and opposite each thereof shall be placed a square approximately the size of the squares placed opposite the names of candidates on ballots. The voter shall indicate his vote "for the bonds" or "against the bonds" by inserting the mark "x" in the square opposite such words. No other question, word or figure need be printed on any ballot. The ballot shall not be of any particular size, and sample ballots may or may not be printed, posted or distributed. A number of ballots exceeding by not less than ten per cent the number of registered voters whose names appear on the precinct register prepared for the precinct shall be printed for and furnished to each polling place.

§ 11-375 Canvass of returns

The board of supervisors shall canvass the returns and declare the result of the election. If it is found by the board of supervisors that a majority of the qualified electors of the county voting thereon assents to the issuance of the bonds, the board of supervisors shall provide for the issuance of the bonds. The determination of the board of supervisors that a majority of the qualified electors voting thereon has assented to the issuance of the bonds shall be conclusive in any action or proceeding involving the validity of such election or the determination or declaration of the result thereof instituted after the date of the payment for and delivery of the bonds.

§ 11-376 Application of election laws

Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, the returns, declaring the results and doing all acts relating to such election shall conform to the procedure provided by law for the registration and qualification of electors and the holding of special elections in which the question of issuance of bonds is submitted to an election.

§ 11-377 Form of bonds; interest rates; redemption; payment of principal and interest; additional security; definition

A. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes provided by title 47. They may be in one or more series, may bear such dates, may be payable in such medium of payment and at such places, may carry such registration privileges, may have that priority or lien position between bondholders, shall be executed in such manner, may contain such other terms, covenants and conditions, and may be in such form as the board of supervisors by resolution prescribes. The final payment shall be due not more than thirty years from the date of issuance, as the board of supervisors may prescribe. Any or all of such bonds shall be callable at such times, on such terms and in such manner as the board of supervisors by resolution prescribes.

B. Any or all of the bonds may be sold by calling for bids at public sale, through an on-line bidding process, under an accelerated bidding process or by negotiated sale. If sold under an accelerated bidding process, the bonds shall be sold at the lowest cost the board of supervisors deems then available after having received at least three pricing quotations from recognized purchasers of bonds of the type being sold. If sold at public sale or through an on-line bidding process, the bonds shall be sold to the bidder making the best bid. If bonds are sold through an on-line bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the on-line bidding process, may be subject to improvement in favor of the county before a specified time and may be for an entire issue or specified maturities according to the manner, terms and notice provisions ordered by the board of supervisors.

C. The bonds may be sold below, at or above par. If an issue of bonds is sold below par, the aggregate amount of discount plus interest to be paid on the bonds must not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the board of supervisors at the maximum rate set out in the resolution calling the election at which the bonds were voted.

D. If sold at public sale, the board of supervisors shall call for bids for the bonds by giving notice thereof at least once a week for two successive weeks within a county having a population of five hundred thousand persons or more, and once a week for four successive weeks in a newspaper of general circulation within a county having a population of less than five hundred thousand persons. The notice shall be in the form prescribed by the board of supervisors. The bids shall be for the entire bond issue unless the board of supervisors by resolution allows bidding therefor in parcels of less than the entire issue.

E. Notwithstanding any other provision of this section, bonds may be sold to natural persons residing in this state by negotiated sale on terms the board of supervisors deems to be the best then available and may bear interest payable at times determined by the board of supervisors. The bonds may be sold below, at or above par, provided that if the bonds are sold below par, the aggregate amount of discount plus interest to be paid on the bonds must not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the board of supervisors at the maximum rate set out in the resolution calling the election at which the bonds were voted.

F. Bonds issued by a county may bear interest at any rate or rates not in excess of the maximum rate of interest set forth in the resolution calling the election, payable at the times determined by the board of supervisors, provided that each such bond may be evidenced by one instrument, or if commercial paper, by a succession of instruments each bearing interest payable only at maturity. Bonds or commercial paper issued under this article are subject to the following:

1. The bonds may bear interest at a fixed, variable or combination rate, none of which exceeds the maximum rate of interest set forth in the resolution calling the election.

2. A variable rate shall be based on any objective measure of the current value of money borrowed such as the announced prime rate of a bank, the rates borne by obligations of the United States or an index or other formula provided for by the board of supervisors. The board of supervisors shall employ a recognized agent in municipal bonds to market and remarket the bonds or commercial paper issued and to establish an interest rate in accordance with the approved index or formula.

3. The board of supervisors may grant to the owner of any bond a right to tender or may require the tender of the bond for payment or purchase at one or more times before maturity and may enter into appropriate agreements with any bank, financial institution, insurance company or indemnity company for the purchase of bonds so tendered. This agreement may provide that while the bonds are held by the bank, financial institution, insurance company or indemnity company the bonds may bear interest at a rate higher than when the bonds are held by other owners, but not in excess of the maximum rate of interest set forth in the resolution calling the election.

4. If bonds are tendered before maturity under an agreement to pay for or purchase bonds when so tendered, the county may provide for the purchase and resale of those bonds pursuant to the tenders without extinguishing the obligation represented by them or incurring a new obligation on the resale, whether or not those bonds are represented by the same instruments when purchased as when resold.

5. Compensation for the resale of the bonds shall not be based on or measured by the difference between the price at which the bonds are purchased and the price at which the bonds are resold.

6. The board of supervisors may:

(a)  Contract with a bank, financial institution, insurance company or indemnity company to provide additional security for the bonds in the form of a line of credit, letter of credit, insurance policy or other security.

(b)  Pay the costs of this additional security from amounts provided in the bond issue or from other available sources and may enter into reimbursement obligations in connection with the cost of the additional security.

7. Any reimbursement obligation entered into with the bank, financial institution, insurance company or indemnity company shall not provide for the payment of interest in excess of the maximum rate of interest set forth in the resolution calling the election. The reimbursement obligation does not constitute a general obligation of the county and is payable from the same source as the bonds, or from other available revenues, as determined by the board of supervisors.

8. Variable rate bonds and commercial paper may be sold at competitive public sale, through an on-line bidding process or at negotiated sale. A competitive public sale may be accomplished pursuant to a notice of sale published at the times and in the manner provided in subsection D. This notice shall provide the terms and conditions determined by the board of supervisors.

9. If bonds are to be issued in the form of commercial paper, the board of supervisors shall first provide for the establishment of the schedule for the maturities of the bonds within the maximum period permitted by the voted proposition. The individual instruments representing the bonds may mature over shorter periods and may be retired with proceeds of subsequent instruments or with the proceeds of definitive bonds, but they shall be finally paid according to the schedule of bond maturities or earlier.

10. Bonds issued in the form of commercial paper may be sold through an agent in the form of instruments that mature at intervals the agent determines to be most advantageous to the issuer after giving public notice to potential investors as determined by the board of supervisors.

11. Bonds may be issued as compound interest bonds bearing interest payable only at maturity but compounded periodically until that date at a fixed rate no higher than the rate set forth in the resolution calling the election.

G. Pending preparation of the definitive bonds, interim receipts or certificates may be issued to the purchaser of the bonds in such form and with such provisions as the board of supervisors prescribes.

H. The principal of and interest on the bonds shall be payable primarily from the proceeds of revenues derived from taxes, fees, charges and other monies collected by the state and returned to such counties for street and highway purposes pursuant to the law.

I. As additional security for the payment of such bonds, a county, by resolution submitted to the qualified electors at a special election called for such purpose, and on the approval of such resolution by a majority of the voters voting at such election, may pledge its full faith and credit for the payment of the bonds, and if such pledge is made, and the revenues pledged to the payment of such bonds are at any time insufficient therefor, the county shall be obligated to pay such bonds with interest to the same extent as other general obligation bonds of the county, and shall be reimbursed from subsequent revenues received by the county from taxes, fees, charges and other monies collected by the state and returned to such county for street and highway purposes pursuant to law.

J. For purposes of this section, "on-line bidding process" means a procurement process in which the governing body receives bids electronically over the internet in a real-time, competitive bidding event.

§ 11-378 Issuance of bonds for public improvements; limitations of amount; successive borrowings; annual interest

A. No county may issue bonds under this article unless the aggregate amount of the revenues received by it from highway user taxes, including motor vehicle fuel taxes, and all other taxes, fees, charges or other monies returned to the county pursuant to title 28, chapter 18, article 2 and section 42-6107, in the year preceding the borrowing of money under this article is equal to at least one and one-half times the highest annual principal and interest requirements thereafter to come due on all such bonds to be outstanding after the borrowing occurs, provided that for bonds that are issued under this article where the aggregate amount of monies returned to the county pursuant to title 28, chapter 18, article 2 and section 42-6107, in the year preceding the borrowing of money under this article, is not equal to at least two times the highest annual principal and interest requirements thereafter to become due on all such bonds to be outstanding after the borrowing occurs, shall bear a rating at the time of issuance of "A" or better by at least one nationally recognized credit rating service taking into account any credit enhancement facility in effect with respect to those bonds. Subject to such limitation, successive borrowings may be made under this article.

B. In computing the annual interest requirements of bonds described in section 11-377, subsection F the board of supervisors shall determine a rate that is not more than the maximum rate permitted under the terms of their issuance. In making the determination, the board of supervisors shall set a rate that is not less than one hundred twenty-five per cent of the rate in effect on the date of determination or, if the bonds are not then issued, one hundred twenty-five per cent of the initial rate on the bonds, except that if this determination exceeds the maximum rate permitted under the terms of issuance, the rate shall be the maximum rate. Notwithstanding the provisions of any reimbursement obligation, the bonds remain outstanding until the stated maturity of the bonds.

§ 11-379 Expansion of pledge; effect on prior elections; refunding bonds; conflict of interest

A. All bonds issued pursuant to this article, whether before or after October 24, 1981, shall be paid from, and may hereafter be secured by a pledge of, all revenues received by the county issuing the bonds, from taxes, fees, charges and other monies collected by the state and returned to such county for street and highway purposes pursuant to title 28, chapter 18, article 2 and section 42-6107.

B. Whenever the board of supervisors of any county determines that the best interests of such county will be served by the issuance of refunding bonds in order to refund bonds secured by the pledge of revenues received pursuant to title 28, chapter 18, article 2 and section 42-6107, the board of supervisors may issue refunding bonds on behalf of the county to refund the bonds theretofore issued pursuant to this article. Such refunding bonds shall be payable at such dates and in such amounts as the board of supervisors by resolution may decide, shall be secured by a pledge of all monies received pursuant to title 28, chapter 18, article 2 and section 42-6107, shall bear interest at a rate of not to exceed nine per cent, and in all other respects the form and character of the refunding bonds shall conform with the provisions of section 11-377. The refunding bonds may be sold at public or private sale at the price the board of supervisors deems to be the best price available therefor, which price may be below, at or above par, or the refunding bonds may be exchanged for a like amount of bonds being refunded, with all unmatured coupons attached thereto, or the refunding bonds or proceeds from the sale of the refunded bonds may be exchanged for a sufficient amount of cash to pay all legal, financial and all other expenses incurred by the county in the issuance of the bonds plus obligations issued by or guaranteed by the United States of America, which obligations with interest thereon will provide sufficient monies to pay, when due or called for prior redemption at the option of the county, all refunded bonds and the coupons appertaining thereto and any redemption premiums, if applicable. The board of supervisors may provide that any securities acquired from refunded bond proceeds or from exchange of the refunding bonds for the United States government securities be delivered to a bank or trust company doing business in this state to act as trustee or escrow agent to protect the rights of the holders of the refunded bonds. The board of supervisors may execute such trust or escrow agreements as it sees fit to protect the rights of the holders of the refunded bonds and may also pay the fees, costs and expenses of such trustee or escrow agent and also all legal, financial paying agent's fees or charges and all other costs incidental to the issuance of the refunding bonds, either from refunding bond proceeds or from monies received pursuant to title 28, chapter 18, article 2 and section 42-6107.

C. Notwithstanding title 38, chapter 3, article 8 or any other law, it shall not be a conflict of interest for the holder of any bond authorized by this article, or for a person contracting with the issuing county to purchase any such bond, to offer to sell or exchange, to contract to sell or exchange, or to sell or exchange any federal government securities or obligations to the county to be used for the purposes set forth in subsection B of this section, nor shall it be a conflict of interest for any trustee, escrow agent or paying agent to purchase for the trustee, escrow agent or paying agent account or for the account of another any bond issued under authority of this article.

§ 11-380 Separate fund to pay interest and principal on maturing installment

After any indebtedness is incurred under the provisions of this article, the treasurer of the county, during each year such indebtedness continues, shall set aside in a separate fund from the revenues received during such year from highway user taxes, including motor vehicle fuel taxes, and all other taxes, fees, charges or other monies returned to the county pursuant to title 28, chapter 18, article 2 and section 42-6107, an amount sufficient to pay the interest and principal upon the installment on such indebtedness next maturing.

Article 13 County Housing Trust Fund

§ 11-381 County housing trust fund; board; purpose; administration

A. A county board of supervisors, by resolution, may establish a county housing trust fund for the purposes prescribed in this section that is administered by a housing trust fund board comprised of five members appointed by the board of supervisors, or the board of supervisors acting as the housing trust fund board.

B. The fund shall consist of:

1. Monies appropriated by a county board of supervisors to the fund.

2. Any private, federal, state or local government grants, gifts, appropriations and monies designated by law for deposit in the fund.

3. Investment earnings of the fund.

C. On recommendation of the housing trust fund board and approval of the board of supervisors, fund monies shall be used for projects and programs that provide affordable housing opportunities for low income households as determined by the United States department of housing and urban development. Eligible projects and programs include development of affordable rental housing, property developed for sale to low income buyers and rent-to-own programs.

D. In recommending and approving the expenditure of monies from the fund, the housing trust fund board and the board of supervisors shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low income families and that provide housing and shelter to families that have children.

E. The housing trust fund board shall report twice each year to the board of supervisors on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year, showing the cost of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall be submitted to the board of supervisors by September 1 and April 1 of each year.

F. Monies in the housing trust fund shall be accounted for separately from other monies of the county.

Article 14 County Long-Term Obligations

§ 11-391 Incurring long-term obligations; public hearing

A. In addition to any other requirements prescribed by law, in a county with a population of less than five hundred thousand persons if the board of supervisors approves incurring any long-term obligation that is not secured by the full faith and credit of the county, the board of supervisors must:

1. Publish a notice of a hearing on the proposal to incur the long-term obligation in a newspaper of general circulation in the county, issue a press release to print and electronic media and post the notice on the county's official web site. The notice must:

(a) Be published and posted at least fifteen days before the date of the hearing.

(b) Include the date, time and place of the hearing, the dollar amount of the proposed long-term obligations and the estimated total financing costs, the purpose of the proposed long-term obligations, including the project or projects that are proposed to be financed by long-term obligations, and that the board will receive:

(i) Oral comments at the hearing.

(ii) Written comments at any time before adopting the resolution of intention to incur long-term obligations, including the board's mailing address. The notice posted on the county's web site shall include an electronic link for commenting electronically.

2. Hold the public hearing, as announced in the notice, at least fifteen days before adopting the resolution for incurring the long-term obligations. At the hearing, the board shall present an analysis of the need for the project, the need to use long-term financing and any other available options to accomplish the project. Any member of the public must be allowed to speak on the issue of incurring the long-term obligations to finance the proposed project.

B. At least fifteen days after the hearing the governing body must hold a public meeting to adopt findings and, following the public comments received at and after the hearing, by roll call vote, either:

1. Adopt and enter a resolution of intention to incur long-term obligations to finance the project, stating the public need for the project, the estimated cost and the amount of the long-term obligations to be incurred.

2. Reject long-term financing of the project and abandon further proceedings.

Article 15 Coordinated Reentry Planning Services Programs

§ 11-392 Coordinated reentry planning services programs; cross-system recidivism tracking database; planning committee; annual report

A. A county may establish a coordinated reentry planning services program within a county jail for the purpose of screening and assessing persons who are booked into a county jail and connecting those persons with behavioral health and substance use disorder treatment providers at the earliest possible stage in the criminal justice process.

B. Subject to available monies, a coordinated reentry planning services program must:

1. Allow entities to access and use a cross-system recidivism tracking database that incorporates data obtained from prearrest diversion programs, reentry screenings that occur during the booking process, reentry planning that occurs before and during release and postrelease treatment engagement.

2. Allow entities to work in conjunction with counties, cities, towns and other political subdivisions of this state and with superior courts to establish an information exchange mechanism that includes reentry planning efforts.

3. Allow county and community-wide collaborative efforts to be established and maintained for jail reentry planning services that include treatment, peer support, housing, transportation and employment services and all branches of the criminal justice and court systems by developing a new coalition or extending an existing coalition.

4. Establish working agreements with coalition partners in which treatment providers use the cross-system recidivism tracking database to record postrelease treatment engagement.

5. Use the cross-system recidivism tracking database to record baseline and ongoing statistics for identified needs, referrals and future recidivism of reentry coordination participants.

C. A county that establishes a coordinated reentry planning services program shall establish a planning committee to develop the program's policies and procedures, including eligibility criteria and program implementation and operation. At a minimum the planning committee shall consist of the following persons:

1. Representatives of the law enforcement agencies participating in the program.

2. A representative of the program services provider.

3. A public defender or the public defender's designee.

4. A prosecuting attorney or the prosecuting attorney's designee.

5. A presiding superior court judge or the superior court judge's designee.

6. A clerk of the court or the clerk's designee.

7. Other stakeholders.

D. On or before December 1, 2027 and each year thereafter, a county that receives monies to establish or maintain a coordinated reentry planning services program shall report to the governor, the governor's office of strategic planning and budgeting, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee all of the following:

1. For all persons who complete screening:

(a) The percentage with low, moderate and high mental health risks.

(b) The percentage with low, moderate and high substance use disorder risks.

(c) The percentage with other presenting risk factors, including:

(i) No primary care provider.

(ii) No employment.

(iii) No insurance.

(iv) No access to transportation.

(v) Physical health concerns.

(vi) No home.

(vii) Veteran status.

2. Incidence of recidivism, including:

(a) Overall population recidivism rates.

(b) Recidivism rates by mental health and substance use risk factors.

(c) Recidivism rates by other risk factors.

3. The percentage of released individuals who are connected and diverted to services, including behavioral health and housing services.

Chapter 3 County Officers

Article 1 General Provisions

§ 11-401 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.

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

§ 11-402 Qualifications

A person shall not be eligible for a county office, whether elective or appointive, nor shall a certificate of election or commission issue to any person, unless he is, at the time of his election or appointment, eighteen years of age or over, a resident of the state, an elector of the county or precinct in which the duties of the office are to be exercised and able to read and write the English language. The board of supervisors shall be the sole judge of such qualifications, subject to review by certiorari in the superior court.

§ 11-403 Private practice of law prohibited; certain county attorneys; exceptions

A. The sheriff, the constable and the constable's deputies are prohibited from practicing law or forming a partnership with an attorney-at-law.

B. In a county having a population of sixty thousand or more persons, the county attorney or the county attorney's deputies shall not engage in the private practice of law, except:

1. With consent of the board of supervisors, a special deputy county attorney may be appointed on a fee basis in like manner as a special assistant attorney general.

2. Deputy county attorneys may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the county attorney's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state, the county or any of their agencies.

(g) The deputy county attorney's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest.

(j) The activity will not use resources that will result in a cost to this state, the county or any of their agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work that includes a provision holding the agency harmless from any of the work undertaken by the attorney.

C. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client under subsection B, paragraph 2 of this section shall not disqualify the office from subsequently participating in any action affecting the client.

§ 11-404 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.

§ 11-405 Limitations on absence of officer from state

A county officer shall not absent himself from the state for more than thirty days without the consent of the board of supervisors.

§ 11-406 Term of office

A. County and precinct officers for whose election and term of office no other provision is made, shall be elected at the regular general election and shall hold office for a term of two years from the first day of January subsequent to their election.

B. One person only shall be elected to an office to which are attached other offices ex officio.

§ 11-407 Duties of successors to office

A. When the term of office for which an officer has been elected or appointed is terminated by operation of law, death, resignation or removal, leaving unperformed any duty imposed by law, the successor in office shall perform all acts and complete all unfinished official business commenced by his predecessor.

B. The incoming sheriff shall execute certificates of sale or deeds of sales made by his predecessor.

§ 11-408 Consolidation of offices

Where offices are consolidated, the person elected or appointed to fill the offices consolidated shall take the oath of office and give the bond required for each, discharge the duties and receive the compensation of each office.

§ 11-409 Deputies and employees; appointment

The county officers enumerated in section 11-401, by and with the consent of, and at salaries fixed by the board, may appoint deputies, stenographers, clerks and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing.

§ 11-410 Use of county resources or employees to influence elections; prohibition; civil penalty; definitions

A. A county shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a county may distribute informational pamphlets on a proposed bond election as provided in section 35-454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a county from reporting on official actions of the county board of supervisors.

B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of county-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine county communications.

C. This section does not prohibit the use of county resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.

D. Employees of a county shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.

E. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the alleged violation occurred for the purpose of complying with this section.

F. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the county budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. County funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the county whose funds were misused.

G. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.

H. For the purposes of this section:

1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.

2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.

3. "Misused funds" means county monies or resources used unlawfully as proscribed by this section.

4. "Routine county communications" means messages or advertisements that are germane to the functions of the county and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety.

§ 11-411 Performance of duties at place other than county seat; record filing

When, in the opinion of the chief officer of any county office, the public interest requires the performance of any duties of the office at a place other than the county seat, the duties may be performed at such place by a duly appointed and qualified deputy of the county officer, in the same manner, and with like effect as if performed at the county seat. Records of all duties so performed shall be filed in the office of the county officer at the county seat.

§ 11-412 Seals for certain officers

The board of supervisors, treasurer and recorder shall each have a seal of office bearing the name of the county and the office.

§ 11-413 County offices; business periods

A. Every county officer, except the sheriff, shall keep the officer's office open for at least forty hours each week or at least thirty-two hours each week if the week contains a day that is a legal holiday. Notwithstanding section 1-301, for the purposes of opening county offices for the transaction of business, the board of supervisors of any county by resolution may designate the Friday after the fourth Thursday in November as a legal holiday in place of the second Monday in October. If the board of supervisors makes such a designation, every county officer, except the sheriff, shall keep the officer's office open for at least twenty-four hours for that November week.

B. The criminal division of the sheriff's office shall be open at all times.

§ 11-414 Monthly statement of fees earned; disposition of fees

A. County and precinct officers entitled to receive or collect fees, except notaries public, shall file on the first day of the month an itemized statement of all fees earned during the last month in the conduct of their official duties with the clerk of the board and the county treasurer, and all fees earned, as shown by the statement, shall be paid into the county treasury at the time of filing the statement.

B. The sheriff of a county in which prisoners of the United States are received or kept shall in like manner pay into the county treasury the money received therefor.

§ 11-416 Liability for failure to collect and remit fees

Every salaried county or precinct officer failing to collect the prescribed fees and pay them into the county treasury is liable to the county therefor.

§ 11-419 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

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

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.

§ 11-422 Salary of clerk of the board

A. The board of supervisors in each county shall appoint a clerk and determine his salary.

B. A clerk of a board of supervisors shall not be paid compensation other than the salary determined by the board but the clerk may be reimbursed for his actual necessary expenses incurred in the performance of his duties.

§ 11-423 Assessor; treasurer; confidentiality; email addresses

A. The county assessor and treasurer shall maintain the confidentiality of email addresses provided by county residents who request to receive information and notices from these county offices by email.

B. This section does not limit or prohibit the public from inspecting or copying other records pursuant to title 39, chapter 1, article 2 that contain the email addresses provided by county residents.

§ 11-424.01 Salaries of constables; definitions

A. At the regular June meeting of the several boards of supervisors preceding a general election, the boards shall fix the salaries of constables to be elected for the four-year period commencing on the first day of the following January.

B. In precincts with an average of one hundred or fewer documents served per year by a constable over the previous four years, as reported on the constable standardized daily activity logs, a constable is entitled to receive an annual salary of not more than $20,000.

C. In precincts with an average of more than one hundred documents served per year by a constable over the previous four years, as reported on the constable standardized daily activity logs, the constables shall be paid as follows:

1. In precincts with five thousand or fewer registered voters, annual salaries of not more than $20,000.

2. In precincts with more than five thousand registered voters but fewer than ten thousand registered voters, annual salaries of not more than $30,000.

3. In precincts with ten thousand or more registered voters but fewer than twelve thousand registered voters, annual salaries of not less than $36,000 or more than $45,000.

4. In precincts with twelve thousand or more registered voters but fewer than sixteen thousand registered voters, annual salaries of not less than $41,000 or more than $56,000.

5. In precincts with sixteen thousand or more registered voters, annual salaries of not less than $55,000 or more than $75,000.

D. The board of supervisors shall determine, subject to subsections B and C of this section, the salary of a constable appointed to fill a vacancy caused otherwise than by expiration of the term. This subsection does not authorize an increase or decrease in the salary during the term of office of a constable appointed to fill a vacancy.

E. The board of supervisors shall withhold a constable's salary during the time that a constable is suspended from performing the constable's duties without pay pursuant to section 22-137.

F. For the purposes of this section:

1. "Registered voter" means a qualified elector of a precinct who is registered on June 1 of each year.

2. "Standardized daily activity log" means a log of a constable's work-related activities, including all of the following:

(a) A listing of all processes served.

(b) The number of processes attempted to be served by case number.

(c) The names of the plaintiffs and defendants.

(d) The names and addresses of the persons to be served except as otherwise precluded by law.

(e) The date of process.

(f) The daily mileage.

§ 11-424.02 Receipt of salary by justices of the peace; affidavit; pending and undetermined causes; violation; classification

A. A justice of the peace or a justice of the peace pro tempore shall not receive his salary unless such justice either certifies that no cause before such justice remains pending and undetermined for sixty days after it has been submitted for decision or there is submitted by the chief justice of the Arizona supreme court a certification that such justice of the peace has had a physical disability during the preceding sixty days or that good and sufficient cause exists to excuse the application of this section to particularly identified litigation then pending.

B. Any certification submitted by the chief justice pursuant to subsection A shall set forth in detail the nature and duration of the physical disability involved or the reason why subsection A should not apply to the specified pending litigation.

C. Any person who issues or causes to be issued any check, warrant or payment to a justice of the peace or a justice of the peace pro tempore knowing that, pursuant to this section, such justice should not receive his salary is guilty of a class 3 misdemeanor.

Article 2 Sheriff

§ 11-441 Powers and duties

A. The sheriff shall:

1. Preserve the peace.

2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.

3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to the knowledge of the sheriff.

4. Attend all courts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge and obey lawful orders and directions issued by the judge.

5. Take charge of and keep the county jail, including a county jail under the jurisdiction of a county jail district, and the prisoners in the county jail.

6. Endorse on all process and notices the year, month, day, hour and minute of reception and issue to the person delivering the process or notice, on payment of fees, a certificate showing the names of the parties, the title of the paper and the time of reception.

7. Serve process and notices in the manner prescribed by law and certify under the sheriff's hand on the process or notices the manner and time of service, or if the sheriff fails to make service, the reasons for failure, and return them without delay. When returnable to another county, the sheriff may enclose such process or notices in an envelope, addressed to the officer from whom received, and deposit the envelope postage prepaid in the post office. The return of the sheriff is prima facie evidence of the facts stated in the return.

8. Secure, as soon as possible, the home of a deceased person located outside the boundaries of an incorporated city or town if the sheriff is unable to determine or locate the heirs or executor of the deceased person.

B. The sheriff, in executing the duties prescribed in subsection A, paragraphs 1 through 4 of this section, may command the aid of as many inhabitants of the county as the sheriff deems necessary.

C. The sheriff shall conduct or coordinate within the county search or rescue operations involving the life or health of any person or may assist in such operations in another county at the request of that county's sheriff. The sheriff may request assistance from any persons or agencies in fulfilling duties under this subsection. A search and rescue unit established or recognized by a county may possess human remains as defined in section 36-301 for the purpose of training canines used for search and rescue work. The sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit. Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of and the possession and disposal of human remains kept for the purpose of training search and rescue canines.

D. The sheriff, in executing the duties prescribed in this section, may request the aid of volunteer posse and reserve organizations located in the county.

E. The sheriff may assist in executing the duties prescribed in this section in another county at the request of that county's sheriff.

F. The sheriff may require any prisoner who is on work release to reimburse the county for reasonable expenses incurred in connection with the release.

G. The board of supervisors of a county bordering Mexico may adopt an ordinance pursuant to chapter 2 of this title allowing the sheriff to prevent the entry from this state into Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from the minor's parent or guardian. The authority of the sheriff is only to prevent entry and not to otherwise detain the minor. This subsection does not limit the authority of the sheriff pursuant to any other law. A county is not civilly or criminally liable for not adopting an ordinance pursuant to this subsection.

H. Notwithstanding section 13-3112, the sheriff may authorize members of the sheriff's volunteer posse who have received and passed firearms training that is approved by the Arizona peace officer standards and training board to carry a deadly weapon without a permit while on duty.

§ 11-442 Ranger deputies; appointment and compensation

By and with the advice and consent of the board of supervisors, the sheriff may appoint ranger deputies whose compensation shall be fixed by the board, not to exceed one hundred twenty-five dollars per month for each deputy for salary and expenses incurred. Every ranger deputy shall provide and keep at his own expense a means of travel to be used by him in the discharge of his duty.

§ 11-443 Vacancy in office

When a vacancy occurs in the office of sheriff the chief deputy shall execute the office until the vacancy is filled.

§ 11-444 Expenses of sheriff as county charge; expense fund

A. The sheriff shall be allowed actual and necessary expenses incurred by the sheriff in pursuit of criminals, for transacting all civil or criminal business and for service of all process and notices, and such expenses shall be a county charge, except that the allowable expenses of service of process in civil actions shall be as provided in section 11-445.

B. The board shall, at the first regular meeting in each month, set apart from the expense fund of the county a sum sufficient to pay the estimated traveling and other expenses of the sheriff during the month, which shall be not less than the amount paid for the expenses for the preceding month. The sum so set apart shall thereupon be paid over to the sheriff for the payment of such expenses.

C. At the end of each month the sheriff shall render a full and true account of such expenses, and any balance remaining unexpended shall be paid by the sheriff into the county treasury. If the sum so paid over is insufficient to pay the expenses incurred during the month, the excess shall be allowed and paid as other claims against the county.

§ 11-445 Fees chargeable in civil actions by sheriffs and constables; constables' standardized daily activity logs

A. The sheriff shall receive the following fees in civil actions:

1. For serving each true copy of the original summons in a civil suit, $16, except that the sheriff shall not charge a fee for service of any document pursuant to section 13-3602 or any injunction against harassment pursuant to section 12-1809 if the court indicates the injunction arises out of sexual violence as defined in section 23-371.

2. For summoning each witness, $16.

3. For levying and returning each writ of attachment or claim and delivery, $48.

4. For taking and approving each bond and returning it to the proper court when necessary, $12.

5. For endorsing the forfeiture of any bond required to be endorsed by the sheriff, $12.

6. For levying each execution, $24.

7. For returning each execution, $16.

8. For executing and returning each writ of possession or restitution, $48 plus a rate of $40 per hour per deputy or constable for the actual time spent in excess of three hours.

9. For posting the advertisement for sale under execution, or any order of sale, $12.

10. For posting or serving any notice, process, writ, order, pleading or paper required or allowed by law, not otherwise provided for, $16 except that posting for a writ of restitution shall not exceed $10.

11. For executing a deed to each purchaser of real property under execution or order of sale, $24.

12. For executing a bill of sale to each purchaser of real and personal property under an execution or order of sale, when demanded by the purchaser, $16.

13. For services in designating a homestead or other exempt property, $12.

14. For receiving and paying money on redemption and issuing a certificate of redemption, $24.

15. For serving and returning each writ of garnishment and related papers, $40.

16. For the preparation, including notarization, of each affidavit of service or other document pertaining to service, $8.

17. For every writ issued on behalf of a justice of the peace, a fee established by the board of supervisors of not more than $10 per writ. Monies collected from the writ fees shall be deposited in the constable ethics standards and training fund established by section 22-138.

B. The sheriff shall also collect the appropriate recording fees, if applicable, and other appropriate disbursements.

C. The sheriff may charge:

1. $56 plus disbursements for any skip tracing services performed.

2. A reasonable fee for executing a civil arrest warrant ordered pursuant to court rule by a judge or justice of the peace. The fee shall only be charged to the party requesting the issuance of the civil arrest warrant.

3. A reasonable fee for storing personal property levied on pursuant to title 12, chapter 9.

D. For traveling to serve or on each attempt to serve civil process, writs, orders, pleadings or papers, the sheriff shall receive $2.40 for each mile actually and necessarily traveled but not to exceed two hundred miles, nor to be less than $16. Mileage shall be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service.

E. For collecting money on an execution when it is made by sale, the sheriff and the constable shall receive $8 for each $100 or major portion thereof not to exceed a total of $2,000, but when money is collected by the sheriff without a sale, only one-half of such fee shall be allowed. When satisfaction or partial satisfaction of a judgment is received by the judgment creditor after the sheriff or constable has received an execution on the judgment, the commission is due the sheriff or constable and is established by an affidavit of the judgment creditor filed with the officer. If the affidavit is not lodged with the officer within thirty days of the request, the commission shall be based on the total amount of judgment due as billed by the officer and may be collected as any other debt by that officer.

F. The sheriff shall be allowed for all process issued from the supreme court and served by the sheriff the same fees as are allowed the sheriff for similar services on process issued from the superior court.

G. The constable shall receive the same fees as the sheriff for performing the same services in civil actions, except that mileage shall be computed from the office of the justice of the peace in the precinct where the constable serves to the place of service.

H. Notwithstanding subsection G of this section, in a county with a population of more than three million persons, if an office of a justice of the peace is located outside of the precinct boundaries, the mileage for a constable shall be calculated pursuant to subsection D of this section, except that the distance between the precinct boundaries and the office of the justice of the peace, as determined by the county and certified by the board of supervisors of that county, shall be subtracted from the mileage calculation. This certified mileage calculation shall be transmitted to the justice courts and the clerks of those courts shall calculate the mileage between the office of the justice of the peace and the location where the civil process, writ, order, pleading or paper was served and reduce the mileage used to calculate the mileage fee according to the certified mileage calculation for that respective jurisdiction.

I. Constables shall maintain a standardized daily activity log of work related activities, including a listing of all processes served and the number of processes attempted to be served by case number, the names of the plaintiffs and defendants, the names and addresses of the persons to be served except as otherwise precluded by law, the date of process and the daily mileage.

J. The standardized daily activity log maintained in subsection I of this section is a public record and shall be made available by the constable at the constable's office during regular office hours. The standardized daily activity log shall be filed monthly by the tenth day of the following month with the clerk of the board of supervisors. The board of supervisors shall determine the method for filing the standardized daily activity log.

§ 11-446 Payment of fees into county treasury

The sheriff shall pay into the county treasury, on the first Monday of each month, all fees and mileage earned and collected by him.

§ 11-447 Service of process regular on its face

A sheriff or other ministerial officer is justified in the execution of, and shall execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.

§ 11-448 Duty to show process

The officer executing process shall then, and so long as he retains it, upon request, show a conformed copy of the process, with all papers attached, to any interested person.

§ 11-449 Liability relating to writs, levies or sales

If a sheriff neglects to make due return of a writ or paper delivered to him to be served or executed, or is guilty of any misconduct in the service or execution thereof, he is liable to the party aggrieved for damages sustained, and, in addition, for a penalty of two hundred dollars. If the sheriff to whom a writ of execution is delivered neglects or refuses, after demand by the creditor, to levy upon or sell property of the party named in the writ which is subject to levy or execution, he is liable to the creditor for the value of the property.

§ 11-450 Effect of directions of party upon liability of sheriff in execution of process

No direction or authority by a party to a sheriff in respect to the execution of process or return thereof, or to any act or omission relating thereto, shall discharge or excuse the sheriff from liability for neglect or misconduct, unless in writing and signed by the party or his attorney.

§ 11-451 Proceedings upon failure to pay over money

If a sheriff or deputy fails to pay over to the county, according to law, any money collected or received by the sheriff or deputy for the county, or fails to pay over to the person entitled thereto any money collected or received by the sheriff or deputy by virtue of the sheriff's or deputy's office, the county attorney of the county, or such person entitled thereto, may proceed against the sheriff or deputy in the superior court, by an order to show cause why the sheriff or deputy should not pay over the money. Upon the hearing, the court may order the sheriff or deputy to pay to the county or person the amount found due, with not to exceed twenty-five per cent thereof as damages for the failure, together with the costs of the proceeding. Upon failure to comply with the order the sheriff or deputy may be committed to jail as for contempt. When the sheriff is so committed, and remains committed for sixty days, the sheriff's office is vacant.

§ 11-452 Neutral safe exchange locations; parenting time; designation; immunity

A. Each county sheriff shall maintain on the office's public website a list of the neutral safe exchange locations within their county for the purposes of exchanging children pursuant to a parenting plan under section 25-403.10.

B. Any sheriff's office may designate two or more parking spots at the sheriff's office or any sheriff's office substation as a neutral safe exchange location for the purposes of exchanging children. Any police department of a city or town may designate two or more parking spots at the police department or any police department substation as a neutral safe exchange location.

C. Each parking lot that is designated as a neutral safe exchange location shall have a purple light or a sign clearly identifying the area as a neutral safe exchange location. The neutral safe exchange location shall meet all of the following:

1. Provide accessibility twenty-four hours a day, seven days a week.

2. Have adequate lighting and an external video surveillance system that records continuously twenty-four hours a day, seven days a week and that has the ability to retain videos for forty-five days.

3. Have at least one camera that is fixed in or near the designated neutral safe exchange location, that captures images that clearly and accurately display the time and date and that has the ability to store images for forty-five days.

D. Counties, cities, towns, sheriffs, law enforcement officers and employees of the designated neutral safe exchange location are not liable for civil damages for any act or omission relating to an incident arising out of the exchange of a child at a neutral safe exchange location.

§ 11-454 Service on sheriff

Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, shall be executed by a constable, or a person appointed by the court.

§ 11-455 Employment of prisoners; work projects

The sheriff may employ prisoners, inside or outside the county jail, who have been sentenced to imprisonment in the county jail to such labor or occupation as he deems necessary, including, but not limited to, agricultural work projects or the production of articles needed for construction, operation, maintenance or use of a county department, office, institution or agency.

§ 11-456 Delivery of property and papers to successor; return of executed process

A. The sheriff shall deliver to his successor in office:

1. The jail of the county, or of a county jail district, with all its appurtenances, and all the property of the county therein.

2. All prisoners then confined in the jail.

3. All process, commitments or other papers or documents in his custody authorizing or relating to the confinement of the prisoners, and if any process has been returned, a statement in writing of the contents thereof and when returned.

4. All writs and other original process, and all documents for the summoning of a grand or petit jury, then in his hands which have not been fully executed by him.

5. All executions, attachments and final process, and all property in his hands or possession by virtue of the levy of any writ.

B. Upon such delivery, the former sheriff shall execute in duplicate an instrument reciting the property, process, documents and prisoners delivered, specifying particularly the process or other authority by which each prisoner was committed and is detained, and whether such process or authority is returned or delivered to the new sheriff. The instrument shall be delivered to the new sheriff, who shall in writing upon the duplicate copy, acknowledge receipt of the property, process, documents and prisoners therein specified, and shall deliver the duplicate and acknowledgment to the former sheriff.

C. The former sheriff shall return in his own name all original process, attachments and executions which he has fully executed.

§ 11-457 Refusal to deliver property or papers to successor

If a former sheriff neglects or refuses to deliver to his successor the jail, process, documents and prisoners in his charge, as required by section 11-456, the successor may take possession of the jail, take custody of the prisoners therein confined, and may compel the delivery of the process and documents in the manner provided by law.

§ 11-458 Refusal by sheriff to pay or disburse fine or forfeiture received; classification

A sheriff who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after the receipt thereof, is guilty of a class 2 misdemeanor.

§ 11-459 Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties

A. The sheriff may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners.

B. A prisoner is not eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program if any of the following applies:

1. After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The prisoner has been convicted of a serious offense as defined in section 13-706 or has been sentenced as a dangerous offender pursuant to section 13-704 or repetitive offender pursuant to section 13-703.

4. Jail time is being served as a result of a felony conviction.

5. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program.

6. The prisoner is sentenced to a county jail and is being held for another jurisdiction.

C. If a prisoner is selected for a program established pursuant to subsection A of this section, the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The sheriff shall use the fees collected to offset operational costs of the program.

E. The sheriff may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends.

F. The sheriff may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners who are confined in the county jail.

G. Community restitution work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community restitution work committee and approval of the sheriff. The community restitution work committee may also recommend and the sheriff may approve other forms of community restitution work sponsored and supervised by public or private community oriented organizations and agencies.

H. The community restitution work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff's designee shall serve as committee chairman and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community restitution work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation.

I. At any time the sheriff may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

J. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program except as provided in subsections K through Q of this section.

K. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. If the board authorizes the establishment of a home detention program, a county sheriff may establish the program. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

L. A county sheriff may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

M. If a county sheriff establishes a home detention or continuous alcohol monitoring program under subsection K or L of this section, a prisoner must meet the following eligibility requirements for the program:

1. Subsection B of this section applies in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of one day in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.

4. If placed under home detention, the prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through G of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the county may impose.

N. If a county sheriff establishes a home detention program under subsection K of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph 2 of this section.

O. The court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L.

2. If placed under home detention, the prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority.

P. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

Q. The sheriff may terminate a program established pursuant to this section at any time.

§ 11-459.01 County prisoner complaints to entities; procedure

A. If a county operates a facility that provides medical and health services to inmates and the facility has been accredited by the national commission on correctional health care or the American correctional association, the board of supervisors of that county may require that a prisoner under the supervision of the county sheriff's office exhaust all internal grievance procedures before filing a complaint with any regulatory entity regulating health professions as defined in section 32-3101.

B. If a prisoner files a complaint with an entity pursuant to subsection A of this section, the prisoner shall attach a copy of the county sheriff's office final grievance response to the complaint.

Article 3 Recorder

§ 11-461 Recording instruments; keeping records; identification; location; social security numbers; definition

A. The recorder shall have custody of and shall keep all records, maps and papers deposited in the recorder's office.

B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480.

C. The recorder may accept a digitized image of a recordable instrument for recording if it is submitted by a title insurer or title insurance agent as defined in section 20-1562, by a state chartered or federally chartered bank insured by the federal deposit insurance corporation, by an active member of the state bar of Arizona, by an agency, branch or instrumentality of the federal government, a trusted submitter or by a governmental entity and the instrument from which the digitized image is taken conforms to all applicable laws relating to the recording of paper instruments.

D. Instruments shall be recorded consecutively as of the time they are received. The recorder shall affix to each instrument, either by hand or in a digitized form, a notation or notations sufficient to provide:

1. A record identification to uniquely identify each instrument and to fix its position within the sequence of recordings.

2. A record location to enable each instrument to be retrieved for purposes of inspection.

E. Instruments may be recorded in docket books, in separate record books or in suitable containers, if the location of each instrument can be determined from notations both on the instrument and in the appropriate index. Reference to any recorded instrument may be made by the record location without further description.

F. Any reference to docket and page, or book and page, or similar indication means the record location as notated on each recorded instrument.

G. On or before January 1, 2009, the recorder in a county with a population of more than eight hundred thousand persons, shall redact references to complete nine digit social security numbers that are available on the recorder's website. Social security numbers may be retained on instruments that are not available on a website. The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection.

H. The recorder in a county with a population of less than eight hundred thousand persons shall redact references to complete nine digit social security numbers on instruments that are available on the recorder's website at the request of the holder of the social security number if the holder identifies the recorded instrument. The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website. Social Security numbers may be retained on instruments that are not available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection.

I. Notwithstanding the limitations of section 11-475.01, county recorders may use monies in the document storage and retrieval conversion and maintenance fund to accomplish the requirements of subsections G and H of this section.

J. For the purposes of this section, "a trusted submitter" means a person or entity that has entered into a memorandum of understanding regarding digitized recording with the county recorder in the county in which the digitized recording is to be submitted.

§ 11-462 Enumeration of indices

A. Every recorder shall keep indices to the instruments that have been recorded. There shall be at least one entry in the indices for each instrument recorded and this entry shall show at least the date of recording, the docket and page number where recorded, the grantor or the equivalent, if any, and the grantee or the equivalent, if any.

B. The recorder may elect to keep some or all of the indices by categories according to the type of instrument. In this case, he must establish at least the following categories in which each instrument shall be indexed both by the grantor or the equivalent and by the grantee or the equivalent: conveyances of real property, mortgages, releases of mortgages, miscellaneous, leases, secured transactions, assignments of mortgages and leases, governmental liens, nongovernmental liens, attachments, judgments, and agreements. In addition the recorder, under this option, shall maintain at least the following additional categories: powers of attorney, official bonds, executions, lis pendens, mine location notices and partnerships.

C. The recorder may elect to keep some or all of the indices by grantor and by grantee. In this case, the entry in the indices for each instrument shall also include a description or code indicating the type of instrument recorded.

D. No other provisions of law shall prevent a recorder from indexing as specified in this section.

§ 11-463 Manner of keeping indices

A. The recorder may keep single or multiple indices of official records. The indices may be kept in distinctly marked volumes or may be stored by electronic or other storage and retrieval media.

B. The names of the grantor or the equivalent or the grantee or the equivalent in the several indices which are kept in volumes shall be arranged in alphabetical order.

C. Indices which are recorded or generated by computer shall have adequate safeguards for the preservation and integrity of the indices and shall allow for reasonable access by the public.

§ 11-464 Master forms

A. On presentation, the recorder shall record master forms in the official records, indexing the forms in such manner that they can be easily located.

B. A recorded master form, or a numbered portion of a master form, may be incorporated by reference in any subsequent recorded instrument. If the entire form is not applicable, the reference shall state which portion or portions are to be included.

C. Any instrument which references a recorded master form shall contain an acknowledgment by the person executing the instrument that he has received a copy of the recorded master form or applicable portion of it as part of the instrument which he is executing.

D. This section does not affect contractual relations of parties to any transaction.

§ 11-465 Discharge papers of service personnel

The recorder shall record without fee the discharge papers of officers and enlisted personnel of the military and naval forces of the United States. Information contained in the military service record DD-214 or its equivalent shall not be disclosed to the general public if stored in electronic format. The county recorder shall provide access to a military service record DD-214 or its equivalent only to an official of the United States, a claimant or the guardian, attorney or personal representative of a claimant as needed in accordance with section 39-122 to be used in connection with a claim for a pension, an allotment, an allowance, compensation, insurance or other benefits that is to be presented to a department or bureau of the United States government.

§ 11-466 Certified copies of judgments affecting real property

The recorder shall file and record with the record of deeds, grants and transfers, certified copies of final judgments partitioning or affecting the title to or possession of real property, any part of which is located in the county.

§ 11-467 Recorded documents; notice to named party

Not later than January 1, 2025, the recorder shall provide a system for notifying a person or entity when any document is recorded in which the person or entity is a named party to the instrument. The system shall allow a person or entity to choose to participate and is voluntary for the person or entity, and the notice shall be provided promptly by email, text message or other similar means.

§ 11-468 Place of recording instrument

When any instrument is authorized or required by law to be recorded, it shall be recorded, unless otherwise expressly provided, in the office of the county recorder of the county in which the property or thing, or part thereof, affected by the instrument is located, but if only personal rights are affected thereby, then in the county where the parties thereto reside.

§ 11-469 Time instrument deemed recorded; certificate; copies

A. An instrument shall be considered recorded from the time it is accepted for record, as provided by sections 11-461 and 11-480. The recorder shall certify every instrument so recorded, indicating the hour, day, month and year of recording and the record identification of the instrument. When the instrument is recorded the recorder shall return it to the party designated in the instructions. If no such instructions are given, the instrument shall be returned to the party who presented it for recording.

B. The recorder upon demand shall make and deliver certified copies of instruments recorded in his office.

§ 11-470 Receipt for instrument

When an instrument authorized by law to be recorded is deposited in the recorder's office for record, the recorder shall give to the person depositing the instrument, if required, a receipt specifying the particulars thereof.

§ 11-471 Manner of recording

The recorder shall, without delay, record each instrument authorized to be recorded which is deposited with him for record, except where otherwise provided, with the acknowledgments, proofs, affidavits and certificates thereon, and other papers thereto annexed, in the order and as of the time when they are deposited for record, by entering them for record word for word and letter for letter, and the hour, day, month and year when the instrument recorded was deposited in his office for record.

§ 11-473 Inspection of records

All books of record and indices in the recorder's office, and all instruments and papers on file therein, shall during office hours be open for inspection by any person, and may be inspected without charge. The recorder shall arrange the books of record and indices, or copies of the books and indices, in his office in suitable places to facilitate their inspection.

§ 11-474 Copies of records; certification

A. The recorder shall, upon the application and payment of the fees provided therefor, make copies of instruments recorded or filed in his office and furnish a certificate stating:

1. The names of the parties to the instrument.

2. The dates thereof.

3. The book and page or record location number of the recording.

B. In lieu of attaching the certificate the recorder may affix a recorder certification stamp and seal directly to the record copy.

§ 11-475 Fees; exemptions

A. The county recorder shall receive the following fees:

1. For recording papers required or authorized by law to be recorded, if the fee is not otherwise specified in this section, $30 per instrument.

2. For recording papers to which the United States, this state or a political subdivision of this state, including cities, towns and irrigation, drainage and electrical districts, is a party, when recorded at the request of the United States, this state or the political subdivision, $15 per instrument.

3. For preparing and certifying copies of a record in the recorder's office, $1 for each page or partial page. In addition for attaching the recorder's certificate and seal, $3.

4. For issuing a certificate pursuant to section 47-9523, $10 for each name, plus $1 for each financing statement or statement of assignment reported therein.

B. The fees provided in subsection A, paragraphs 1 and 2 of this section include the amount charged pursuant to section 11-475.01.

C. Notwithstanding subsection A, paragraph 3 of this section, the recorder shall prepare and furnish copies and certifications at one-half of the established fee when requested by any state agency for official purposes.

D. The county recorder shall not receive a fee for performing the duties prescribed by this section for an office, agency or department of the county where the document is to be recorded. This exemption shall apply only when the fees would otherwise be paid from public monies.

E. Notwithstanding any other law, the county recorder shall not receive a fee for performing the duties prescribed by this section or any act necessary to record or release a restitution lien filed pursuant to section 13-806 or any lien necessary to enforce a support order.

§ 11-475.01 Document storage and retrieval conversion and maintenance fund; purpose

A. The document storage and retrieval conversion and maintenance fund is established in each county consisting of monies received pursuant to subsection C of this section.

B. The board of supervisors shall administer the fund and, in cooperation with the county recorder, expend monies in the fund in order to defray the cost of converting the county recorder's document storage and retrieval system to micrographics or computer automation. Monies in the fund may only be used for purchasing hardware and software, training employees to operate the system, maintaining the system, purchasing equipment maintenance agreements and updating the system hardware or software for the county recorder's office. Monies in the fund shall not be expended for expenses other than for the support of the county recorder's automation system. If the expenditures are determined by the auditor general to be improper and inconsistent with this section, the county general fund shall reimburse the document storage and retrieval conversion and maintenance fund for all improper and inconsistent expenditures.

C. In addition to any other fee charged pursuant to this article, the board of supervisors may assess a special recording surcharge of not to exceed four dollars for each instrument, paper or notice filed with the county recorder. All monies received pursuant to this subsection shall be transmitted to the county treasurer and placed in the document storage and retrieval conversion and maintenance fund.

D. The special recording surcharge prescribed in subsection C of this section is included in the amount charged pursuant to section 11-475, subsection A.

E. The county recorder shall annually submit to the board of supervisors the amount of projected revenues to be raised for the document storage and retrieval conversion and maintenance fund pursuant to this section. If projected revenues of the fund are deemed insufficient to pay for conversion costs, fund monies may accumulate until sufficient monies are available in the fund.

§ 11-476 Preservation of county records; transcription and certification

A. When county records or indexes become defaced, worn or in a condition endangering their preservation, the board of supervisors shall procure appropriate books and require the recorder to transcribe such records and indexes with a standard permanent black ink, provided, the recorder may choose otherwise to preserve the records as provided in section 11-478 which procedure may be used in lieu of the provisions of this section at the option of the recorder.

B. The books or records when transcribed or reproduced shall conform to the original records as indexed. The designation of the transcribed books or records shall not be changed from the original. They shall be compared to the original and when found to be correctly transcribed or reproduced, the recorder and deputies transcribing, verifying or reproducing them shall officially certify at the end of the record, with the seal of the office affixed on the same page, the correctness of the transcriptions or reproductions, reciting the number of pages in the book or record, from one to the highest number.

C. Records so transcribed and certified shall be of the force and effect of the original records.

D. This section shall apply to all records of the county recorders, boards of supervisors and courts of record, including records of registration and official maps and plats. The clerk of the court or board shall perform the duties required by this section of the county recorder so far as such duties pertain to the records of their respective offices.

§ 11-477 Liability for neglect or misfeasance

If an instrument, proved or acknowledged according to law, or a paper or notice which may by law be recorded, is delivered to the recorder for record, and he neglects or refuses to perform the duties required of him by law relating to recording or filing instruments and papers, or if he neglects or refuses to make the searches and to give the certificate as required by this article, or if such searches or certificate are incomplete and defective in any important particular, or if he alters, changes or obliterates any record deposited in his office, or inserts any new matter therein, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned by the neglect or refusal, or by the incompleteness or defect in the searches and certificate.

§ 11-478 Reproduction and microphotography of records

The county recorder may cause any or all files or records in his official custody to be microphotographed or otherwise reproduced on film as in the case of original filings or recordings or both. Every such reproduction shall be deemed and considered an original, and a transcript, exemplification or reproduction thereof may be certified to by the recorder in like manner as the original.

§ 11-479 Destruction of records; requirements; exception

A. The county recorder may destroy, under sections 41-151, 41-151.09, 41-151.11, 41-151.12, 41-151.13, 41-151.14, 41-151.15, 41-151.16, 41-151.17 and 41-151.19, all of the filed papers or record books created by handwriting, by typing on printed forms, by typewriting, by photostatic or photographic methods or by any electronic means in the recorder's official custody, except federal tax lien notices, if all of the following conditions exist:

1. The record, paper or document is photographed or reproduced by any other method under the direction and control of the county recorder on electronic media or film of a type approved for permanent record by the Arizona state library, archives and public records.

2. The device used to reproduce the record, paper or document on film or electronic media is one that accurately and legibly reproduces the original in all details.

3. The photographs or other reproductions on film or electronic media are made as accessible for public reference as the book records were.

4. A true copy of archival quality of such film or electronic media reproduction is kept in a safe and separate place for security purposes.

B. A page of any record, paper or document shall not be destroyed if any such page cannot be reproduced on film or electronic media with full legibility. Every such unreproducible page shall be permanently preserved in a manner that will afford easy reference.

§ 11-480 Requirements for form of instruments

A. Only an instrument that, on presentation to a county recorder for recordation, fails to meet any of the following conditions may be rejected for recordation at the time of presentation for recordation:

1. Each instrument shall have a caption briefly stating the nature of the instrument, such as warranty deed, release of mortgage and like captions. The county recorder shall have no obligation to index any instrument under any subject index category maintained by the county recorder unless that category is included in the caption to the instrument.

2. Each instrument shall be an original and shall be sufficiently legible for the recorder to make certified copies from the photographic or micrographic record.

3. Each instrument shall have original signatures except when otherwise provided by law.

4. Each instrument dated and executed on or after January 1, 1991, shall be not larger than eight and one-half inches in width and not longer than fourteen inches and shall have a print size not smaller than ten-point type.

B. Each instrument dated and executed on or after January 1, 1991, shall have at least a one-half inch margin across the top, bottom and the left and right sides from the top to the bottom. Any markings, entries or text that are within the one-half inch margin shall be deemed not to impart the notice otherwise imparted by recordation unless such markings, entries or text appear in the reproduction produced under the direction and control of the county recorder. Failure to meet the one-half inch margin requirement of this subsection may affect notice imparted by the document but shall not constitute grounds for rejection for recordation pursuant to subsection A of this section.

C. The first page shall have a top margin of at least two inches, which shall be reserved for recording information. The left three and one-half inches of the top margin of the first page or sheet may be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. If the first page of the instrument does not comply with the top margin requirements, a separate sheet that meets the requirements and that reflects the title of the document as required by subsection A, paragraph 1 of this section shall be attached to the front of the document by the party requesting recording.

D. Any instrument presented to a county recorder for recordation that modifies in any way the provisions of a previously recorded document must state the date of recordation and the docket and page of the document being modified.

E. Any instrument accepted for recordation is not subject to a later claim of invalidity for failure to comply with the requirements of this section.

§ 11-481 Title and size prerequisites for recording maps and plats; recording fee; exception

A. All maps or plats presented for recording shall have a title that at least indicates the type of map or plat, the name of the subdivision or a description of the location of the area by section, township and range, the name of the owner of record of the area being surveyed and a place for the recorder’s information and seal block on the sheet.

B. Any map or plat offered for recording that exceeds a size of eight and one-half by fourteen inches shall be the original map legibly drawn on polyester or a copy reproduced on polyester by a photographic silver imaging process or other method that assures archival quality and is subject to the following restrictions:

1. A map or plat of a subdivision shall be on a sheet or sheets measuring twenty-four by thirty-six inches, including a left margin of two inches and be drawn to an accurate scale in at least eleven point type.

2. All other maps or plats shall be on a sheet or sheets measuring eighteen by twenty-four inches or twenty-four by thirty-six inches, including a left margin of two inches and drawn to an accurate scale in at least eleven point type.

C. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches shall be twenty dollars and shall be exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.

D. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches when recorded at the request of the United States, this state or a political subdivision of this state is ten dollars and is exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.

E. The requirements of this section do not apply to any map required to be recorded by the director of water resources under title 45, chapter 2.

§ 11-482 Incorporation by reference; legal descriptions

A. Any recorded instrument may be incorporated by reference in any subsequent instrument. The reference shall specify the record location of the referenced instrument and has the same effect as if the referenced instrument were reproduced in full where reference to it is made.

B. If a subsequent transaction is not to be subject to, controlled by or otherwise affected by every term of the referenced instrument, such intent must be stated. A reference to one term incorporates only that term.

C. If a legal description sufficient to determine the physical location of real property has been recorded, a reference by record location to the instrument containing the description is a sufficient description of the real estate. The reference may be made to maps or plats, surveys, deeds or any other recorded instrument but must contain language indicating that only the legal description is to be incorporated in the subsequent instrument.

§ 11-483 Records maintained by county recorder; confidentiality; definitions

A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and may request the county recorder to prohibit access to that person's identifying information, including any of the following:

1. That person's documents, instruments or writings recorded by the county recorder.

2. If the person is a public official, the address of a property held in trust by the public official.

B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:

1. The person's full legal name and residential address.

2. The full legal description and parcel number of the person's property.

3. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment or an eligible person who is a participant in the address confidentiality program shall instead attach a copy of the participant's current and valid address confidentiality program authorization card issued pursuant to section 41-163 and a statement of certification provided by the secretary of state's office.

4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that restricting access pursuant to this section will serve to reduce the danger.

5. The document locator number and recording date of each instrument for which the person requests access restriction pursuant to this section.

6. A copy of pages from each instrument that includes the document locator number and the person's identifying information, including the person's full legal name and residential address or full legal name and telephone number.

C. If an eligible person is also requesting pursuant to section 11-484 that the general public be prohibited from accessing records maintained by the county assessor and county treasurer, the eligible person may combine the request pursuant to subsection B of this section with the request pursuant to section 11-484 by filing one affidavit. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-484.

D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the county recorder prohibit access for five years to the affiant's identifying information, including any of that person's documents, instruments or writings recorded by the county recorder and made available on the internet. If the presiding judge of the superior court concludes that the affiant or another person is in actual danger of physical harm from a person or persons with whom the affiant has had official dealings and that action pursuant to this section will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the general public be prohibited for five years from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and identified pursuant to subsection B of this section.

G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing recorded by the county recorder has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the recorded instrument or writing.

H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county recorder. Not more than ten days after the date on which the county recorder receives the court order, the county recorder shall restrict access to the information as required by subsection F of this section.

I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.

J. The county recorder shall remove the restrictions on all records restricted pursuant to this section by January 5 in the year after the court order expires. The county recorder shall send by mail one notice to either the health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of the peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person.

K. To include subsequent recordings in the court order, the eligible person shall present to the county recorder at the time of recordation a certified copy of the court order or shall provide to the county recorder the recording number of the court order. The county recorder shall ensure that public access is restricted pursuant to subsection A of this section.

L. This section does not restrict access to public records for the purposes of perfecting a lien pursuant to title 12, chapter 9, article 2.

M. This section does not prohibit access to the records of the county recorder by parties to the instrument, a law enforcement officer performing the officer's official duties pursuant to subsection N of this section, a title insurer, a title insurance agent or an escrow agent licensed by the department of insurance and financial institutions.

N. A law enforcement officer is deemed to be performing the officer's official duties if the officer provides a subpoena, court order or search warrant for the records.

O. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Commissioner" means a commissioner of the superior court or municipal court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.

5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, person who is a participant in the address confidentiality program pursuant to title 41, chapter 1, article 3 or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.

6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.

9. "Indexes" means only those indexes that are maintained by and located in the office of the county recorder, that are accessed electronically and that contain information beginning from and after January 1, 1987.

10. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.

11. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

12. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

13. "Peace officer":

(a) Means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.

(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.

14. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

15. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

16. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.

§ 11-484 Records maintained by county assessor and county treasurer; redaction; definitions

A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing that person's identifying information, including any of the following:

1. That person's documents, instruments, writings and information maintained by the county assessor and the county treasurer.

2. If the person is a public official, the address of a property held in trust by the public official.

B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:

1. The person's full legal name and residential address.

2. The full legal description and parcel number of the person's property.

3. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall attach a copy of the order of protection or injunction against harassment or an eligible person who is a participant in the address confidentiality program shall instead attach a copy of the participant's current and valid address confidentiality program authorization card issued pursuant to section 41-163 and a statement of certification provided by the secretary of state's office.

4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that redacting the person's identifying information, including the residential address and telephone number, will serve to reduce the danger.

C. If an eligible person is also requesting pursuant to section 11-483 that the general public be prohibited from accessing records maintained by the county recorder, the eligible person may combine the request pursuant to subsection B of this section with the request pursuant to section 11-483 by filing one affidavit. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-483.

D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order the redaction of the affiant's identifying information, including any of that person's documents, instruments, writings and information maintained by the county assessor and the county treasurer. The redaction shall be in effect for five years.

G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing maintained by the county assessor or the county treasurer has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the instrument or writing.

H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county assessor and the county treasurer. Not more than ten days after the date on which the county assessor and the county treasurer receive the court order, the county assessor and the county treasurer shall restrict access to the information as required by subsection F of this section.

I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.

J. The county assessor and the county treasurer shall remove the restrictions on all records that are redacted pursuant to this section by January 5 in the year after the court order expires. The county assessor or the county treasurer shall send by mail one notice to either the health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of the peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county assessor or county treasurer may coordinate with the county recorder to prevent multiple notices from being sent to the same person.

K. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Commissioner" means a commissioner of the superior court or municipal court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.

5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, person who is a participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.

6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.

10. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

12. "Peace officer":

(a) Means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.

(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.

13. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

14. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

15. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.

Article 3.1 Uniform Real Property Electronic Recording Act

§ 11-487 Short title

This article may be cited as the uniform real property electronic recording act.

§ 11-487.01 Definitions

In this chapter, unless the context otherwise requires:

1. "Document" means information that is both of the following:

(a) Inscribed on a tangible medium or stored in an electronic or other medium, and retrievable in perceivable form.

(b) Eligible to be recorded in the land records maintained by a county recorder.

2. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

3. "Electronic document" means a document that is received by a county recorder in an electronic form.

4. "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

5. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

6. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

§ 11-487.02 Validity of electronic documents

A. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying this article.

B. If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

C. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.

§ 11-487.03 Recording of documents; definition

A. A county recorder:

1. Who implements any of the functions listed in this section shall do so in compliance with adopted standards.

2. May receive, index, store, archive and transmit electronic documents.

3. May provide for access to, and for search and retrieval of, documents and information by electronic means.

4. Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.

5. May convert paper documents accepted for recording into electronic form.

6. May convert into electronic form information recorded before the county recorder began to record electronic documents.

7. May accept electronically any fee that the county recorder is authorized to collect.

8. May agree with other officials of a state or a political subdivision of a state or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.

B. For the purposes of this section, "paper document" means a document that is received by a county recorder in a form that is not electronic.

§ 11-487.04 Uniformity of application and construction

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 11-487.05 Relation to electronic signatures in global and national commerce act

This article modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7006, section 7021 and section 7031) but does not modify, limit or supersede section 101(c) of that act (P.L. 106-229; 114 stat. 464; 15 United States Code Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (P.L. 106-229; 114 Stat. 464; 15 United States Code section 7003(b)).

Article 4 Treasurer

§ 11-491 Custodian of public monies

The treasurer shall keep all money belonging to the state, or to the county, in his possession until disbursed according to law. He shall not place it in the possession of any person to be used for any purpose, or lend, or in any manner use, or permit any person to use, such money except as provided by law.

§ 11-492 Apportionment of county monies

All taxes collected upon real and personal property of the county, and all public monies arising from any source, or accruing under the provisions of law to a county, shall be paid into the treasury of the county, and the county treasurer shall apportion and apply the same to the several special and general funds as provided by law.

§ 11-493 Duties

The county treasurer shall:

1. Receive all monies of the county, and other monies directed by law to be paid to the county treasurer, safely keep the monies and apply and pay the monies out, rendering account thereof as required by law.

2. Keep an account of the receipt and expenditure of the monies in books or electronic books that are provided for that purpose, in which shall be entered:

(a) The amount of monies received by the county treasurer and the time when, from whom and on what account the monies were received by the county treasurer.

(b) The amount of disbursements made by the county treasurer and the time when, to whom and on what account disbursements were made by the county treasurer.

3. Keep the county treasurer's books or electronic books so that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account.

4. Disburse the county monies:

(a) By county warrant that is issued by the board of supervisors and that is signed by the chairman and the clerk of the board.

(b) By electronic transfer with written authorization from a person designated by the governing board.

(c) As provided by law.

§ 11-494 Receipts for monies received; violation; classification

A. The treasurer shall issue either an electronic or hard copy of a receipt for all monies the treasurer receives as treasurer or as tax collector except tax payments made by check, which shall be received pursuant to section 42-18055. The receipts shall be in a standard format, numbered consecutively, issued in their serial order and signed or electronically validated by the treasurer. At the time of issuance, the treasurer shall deliver one copy of the electronic or hard copy receipt to the person paying the money, one copy to the clerk of the board or the clerk's designee, who shall immediately charge the treasurer with the amount of the receipt, and, in the case of school district deposits, one copy to the county school superintendent. The treasurer shall retain the original receipt.

B. An officer violating this section is guilty of a class 2 misdemeanor.

§ 11-495 Taxpayers' information fund

A. A taxpayers' information fund is established in each county treasury consisting of monies collected from the public records copy surcharge imposed pursuant to section 11-496, the tax lien processing fee imposed pursuant to section 42-18116, subsection C, fifteen dollars of each judgment deed fee collected pursuant to section 42-18205, subsection A, interest earned from the elderly assistance fund pursuant to section 42-17401, the community facilities district special assessment fee imposed pursuant to section 48-721 and the fees authorized for collecting municipal fire and emergency services fees in certain areas of the county as prescribed in section 9-500.23.

B. The county treasurer shall administer the fund and spend monies in the fund only to defray the cost of converting or upgrading an automated public information system as follows:

1. Purchasing computer hardware and software.

2. Training employees to operate the system.

3. Maintaining the system, including purchasing equipment maintenance agreements.

4. Updating the system hardware and software.

5. In counties with a population of more than two million persons, notifying property owners of the tax and ownership status of a taxpayer's parcel prior to the taxpayer's parcel being sold at a deed sale and the tax and ownership status of any parcels being sold at a deed sale that are adjacent to a taxpayer's parcel, prior to the deed sale.

C. The county treasurer shall annually submit to the board of supervisors the amount of anticipated revenues under this section. If the projected revenues are considered to be insufficient to establish and maintain the fund at an adequate level, the monies may accumulate until sufficient monies are available in the fund.

§ 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.

D. The county treasurer shall deposit monies collected pursuant to this section in the taxpayers' information fund established by section 11-495.

§ 11-497 Disbursement of forest reserve monies

The treasurer shall notify the clerk of the board of supervisors and the county school superintendent of the amount received from the state treasurer as the county share of pass through monies from the United States from forest reserves, as provided in section 41-736, and thereafter the money shall be disbursed for the benefit of public schools and public roads of the county as the board of supervisors may direct.

§ 11-498 Inspection of records

The books, accounts and vouchers of the treasurer shall at all times be subject to inspection and examination by the auditor general, the board of supervisors and the grand jury.

§ 11-499 Issuance of county bonds; liability

The board of supervisors and not the county treasurer is the official issuer of county bonds, and the board of supervisors shall assume all liability on the bonds including bonds issued pursuant to sections 11-254.03, 11-264.01, 11-271, 11-281, 11-307, 11-371 and 11-721 and all other county bonds.

§ 11-501 Monthly and annual reports to the board; posting

A. The county treasurer shall report accounts of collection, custody and disbursement of public revenue to the county board of supervisors on the fifteenth day of each month for the preceding month. For that purpose the treasurer shall prepare a statement, under oath, of the amount of monies or other property received, the sources from which the monies or property derived, the amount of payments or disbursements and to whom, with the amount remaining on hand.

B. The treasurer shall deposit all paid warrants issued by the board of supervisors with the clerk of the board.

C. The treasurer shall also make a full report to the board annually as of the last business day of June.

D. The treasurer shall post all annual and monthly reports on the treasurer's website. The treasurer shall post a report within five days after the treasurer submits the report to the board of supervisors.

§ 11-502 Transmittal of money to state treasurer

Upon receipt of an order from the state treasurer requiring the money in the county treasury belonging to the state or collected for it to be transmitted to the state treasury in the manner prescribed by law, the county treasurer shall within ten days thereafter transmit the money in the manner directed by the state treasurer, and as provided by law. The transmittal shall be at the risk of the state, if sent as the state treasurer directs.

§ 11-503 Failure to make settlement or report; penalty

If the treasurer neglects or refuses to settle or report as required by law, he shall forfeit and pay to the county the sum of five hundred dollars for each act of neglect or refusal, and the board of supervisors shall institute action for the recovery thereof.

§ 11-504 Correction of errors

When an error appearing in the accounts of the county treasurer, excepting the tax rolls, comes to the notice of the treasurer he shall, if the error was made not more than fifteen years prior thereto, immediately correct it, and place on the margin of the book in which the original entry of the error appears and opposite the correction thereof, a notation of the date of such correction and the reason therefor. If the correction depletes or creates a deficit in any fund or account, the treasurer shall show the fund overdrawn, and shall refuse to pay warrants or other evidences of indebtedness issued against it until the fund is replenished.

§ 11-505 Disclosure of confidential information; violation; classification; definition

A. A person, including a former employee or agent of the treasurer, who has received confidential information while an employee or agent of the treasurer shall not disclose that information except as provided in subsection B of this section.

B. Confidential information relating to a taxpayer may be disclosed:

1. To the taxpayer, its successor in interest or a designee of the taxpayer who is authorized in writing by the taxpayer. A principal corporate officer of a parent corporation may execute a written authorization for a controlled subsidiary.

2. To the taxpayer's title company duly licensed with the department of insurance and financial institutions.

3. Pursuant to a lawful court order or a subpoena that is issued by a law enforcement agency pursuant to a criminal investigation.

4. To the auditor general pursuant to an official audit and a written request specifying the information to be disclosed.

C. A knowing disclosure of confidential information in violation of this section is a class 6 felony.

D. For the purposes of this section, "confidential information" includes the following information whether it concerns individual taxpayers or is aggregate information for specifically identified taxpayers:

1. Images of checks received in payment of any ad valorem property tax.

2. Signatures, bank account numbers and bank routing numbers contained on checks received in payment of any ad valorem property tax.

Article 5 County School Superintendent

§ 11-511 Powers and duties

The county school superintendent shall have such powers and perform such duties as prescribed by section 15-302 and as otherwise prescribed by law.

Article 6 County Attorney

§ 11-531 Qualifications

A. No person shall be eligible for the office of county attorney unless he is an attorney at law, licensed and in good standing in this state.

B. The board of supervisors shall not pay a salary to any person as county attorney who is not so eligible for the office.

§ 11-532 Powers and duties; definition

A. The county attorney is the public prosecutor of the county and shall:

1. Attend the superior and other courts within the county and on behalf of the state, conduct all prosecutions for public offenses.

2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed.

3. If not engaged in criminal proceedings in the superior court, attend on the magistrates in cases of arrest if required by them, and attend before and give advice to the grand jury.

4. Draw indictments and informations, defend actions brought against the county and prosecute actions to recover recognizances forfeited in courts of record and actions for recovery of debts, fines, penalties and forfeitures accruing to the state or county.

5. Deliver receipts for monies or property received in the county attorney's official capacity and file duplicate receipts with the clerk of the board.

6. On the first Monday of January, April, July and October in each year, file with the board of supervisors an account, verified by oath, of all monies received in the county attorney's official capacity during the preceding three months, and at the same time pay it to the county treasurer.

7. When required, give a written opinion to county officers on matters relating to the duties of their offices.

8. Keep a register of official business and enter in the register every action prosecuted, criminal or civil, and of the proceedings of the action.

9. Act as the legal advisor to the board of supervisors, attend its meetings and oppose claims against the county that the county attorney deems unjust or illegal.

10. Act as the attorney for school districts based on the availability of staff and if there is no conflict of interest, except as provided in section 15-343 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the school district.

11. Act as the attorney for the community college district based on the availability of staff and if there is no conflict of interest, except as provided in section 15-1448 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the community college district.

12. Defend all locally valued and assessed property tax appeals as provided in section 42-16208.

B. On receipt of an appellant's brief in a criminal appeal, the county attorney shall furnish the attorney general with a true statement of the facts in the case, together with the available authorities and citations that are responsive to the assignments or specifications of error.

C. The county attorney may represent a school district governing board member against whom an action is brought in the board member's individual capacity until it is established as a matter of law that the alleged activity or events that form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the member's duties.

D. Notwithstanding article 12 of this chapter, in connection with the investigation or prosecution of any matter involving the death of a person, the county attorney may request that the medical examiner, for the county in which the prosecution will take place, conduct the medical examination.

E. The county attorney may provide civil legal services to another county or other political subdivision of this state or an officer, employee or agency of a political subdivision of this state at the request of that county's or political subdivision's elected or appointed general counsel or pursuant to an intergovernmental agreement entered into by the county and the other political subdivision as provided in chapter 7, article 3 of this title at the request of the county attorney. Any intergovernmental agreement shall state any payment to be rendered for the services and the scope of the representation. The county attorney may also obtain civil legal services for the county or for an officer, employee or agency of the county, from the elected or appointed general counsel of another county or other political subdivision of this state by request or pursuant to an intergovernmental agreement.

F. For the purposes of this section "general counsel" means an elected or appointed county attorney, city attorney or town attorney.

§ 11-533 Statement of court and county attorney in connection with sentence

When a defendant is sentenced the trial court and county attorney shall attach to the certified copy of the sentence a statement of the facts and circumstances constituting the crime upon which the defendant was convicted, together with all other information accessible in regard to the career of the defendant prior to the commission of the crime of which he was convicted, relative to the habits, associates, disposition, reputation, and any other facts and circumstances which may aid the board of executive clemency and warden in determining the capability of such prisoner to become a law-abiding citizen.

§ 11-534 Effect of failure of county attorney to attend court

If the county attorney fails to attend in person, or by deputy, any session of the superior court at which a criminal action is to be tried, the court may designate some other person to perform the duties of county attorney during his absence from court. The person so designated shall receive a reasonable compensation, to be fixed by the court and paid by the county treasurer, and the amount thereof shall be deducted from the salary of the county attorney.

§ 11-535 Claims of county attorney against county

The county attorney, except for his own services, shall not present a demand for allowance against the county, or advocate the demand by another.

§ 11-536 Witness protection

A. A county attorney may provide for the security of government witnesses, potential government witnesses and their immediate families in pending official criminal or civil proceedings or investigations, if testimony by such witnesses may subject the witnesses or members of their immediate families to danger or bodily injury. Witness protection may include providing for the health, safety, welfare and housing facilities of witnesses and their immediate families. Witness protection may continue for as long as such danger exists.

B. The county attorney may authorize the purchase, rental or modification of housing facilities provided pursuant to this section. The county attorney may also contract with any government or department of government to provide facilities or services for the purposes of this section.

C. Monies deposited in the county anti-racketeering revolving fund established pursuant to section 13-2314.03 may be used for witness protection.

§ 11-537 County attorney juvenile diversion fund

A. The county attorney juvenile diversion fund is established consisting of the following:

1. County general fund appropriations.

2. Federal monies that are appropriated for community based alternative programs.

3. Quarterly reimbursements from the supreme court pursuant to section 8-321, subsection O for juveniles participating in county attorney community based alternative programs.

4. Grants, gifts, devises and donations from any public or private source.

B. The county board of supervisors may apply to the internal revenue service for a ruling that donations to the fund are tax deductible.

C. The monies shall be used at the discretion of the county attorney for administering county community based alternative programs that are established pursuant to section 8-321.

§ 11-538 County attorney victim compensation fund; exemption from lapsing

A. The board of supervisors may establish a county attorney victim compensation fund in the county treasury consisting of monies that are distributed pursuant to section 12-286, subsection D. The county attorney in cooperation with the board of supervisors shall administer the fund.

B. The county attorney shall use monies in the fund to assist eligible victims of crime. The rules of the Arizona criminal justice commission adopted pursuant to section 41-2405, subsection A, paragraph 8 apply to victim compensation.

C. The county attorney shall annually report to the board of supervisors the fund balance and the amount of revenues that the county attorney projects will be available in the fund for the next fiscal year.

D. Monies in the fund shall be used to supplement, not supplant, monies that would otherwise be available to assist victims of crime.

E. Any monies in the fund remaining unexpended and unencumbered at the end of the fiscal year do not revert to the county general fund.

§ 11-539 State aid to county attorneys fund

A. The state aid to county attorneys fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to county attorneys for the processing of criminal cases.

B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate fund monies to each county pursuant to section 41-2409, subsection A.

C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases by county attorneys.

D. Monies in the state aid to county attorneys fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.

E. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

Article 7 Assessor

§ 11-541 Powers and duties generally

The county assessor shall have the powers and perform the duties prescribed by law.

§ 11-542 County assessor; oath

The assessor and the assessor's deputies shall take and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm) that I will well and truly discharge the duties of assessor of the county of _________, and will, to the best of my knowledge and ability, truly and fairly determine the valuation, without favor or partiality, of all the taxable property in said county at its full cash value."

§ 11-543 Liability for taxes on property unassessed through negligence

The assessor and his sureties shall be liable for all taxes on taxable property within the county which, through the neglect of the assessor, remains unassessed. The county attorney of the county shall, in such instances, sue the assessor and his sureties therefor, but not until after the assessment roll is completed.

Article 9 County Engineer

§ 11-561 Qualifications; salary

A. The board of supervisors may appoint a county engineer, who shall be a competent civil engineer and road builder.

B. The county engineer shall receive such salary as the board of supervisors fixes, payable from the road fund of the county.

§ 11-562 Duties

A. The county engineer shall be custodian of the records and property of the county relating to surveying, engineering and road construction.

B. Except where highways are being constructed under the direction of a highway commission, the county engineer shall, under the direction of the board, have charge of all highways, other engineering construction and improvements, alterations and repairs to county property, and shall make surveys, maps, plans and specifications required by the board.

§ 11-563 Private work prohibited

The county engineer shall not during his term of office engage in private engineering or surveying, except by permission of the board of supervisors, or be a member of a firm so engaged.

Article 10 County Forest Fire Wardens

§ 11-571 County volunteer forest fire wardens; appointment; term

Judges of the superior court in each county may appoint any number of voluntary forest fire wardens deemed necessary for the proper protection of the forested lands within the county. The wardens shall serve without pay, and their appointments shall expire on November 1 each year.

§ 11-572 Powers and duties of wardens and peace officers

Voluntary forest fire wardens and peace officers, including deputy game and fish wardens, may make arrests on warrants issued by a magistrate for violation of forest fire laws, or without warrant for violation thereof committed in their presence.

Article 11 County Public Defenders

§ 11-581 Public defender; appointment

In any county the board of supervisors may establish the office of public defender and appoint a suitable person to hold that office.

§ 11-582 Qualifications; salary

A. No person shall be eligible for the office of public defender or deputy public defender unless he is an attorney at law, licensed and in good standing in this state.

B. The public defender shall receive that salary which the board of supervisors shall determine, provided that it shall be not less than seventy per cent of that paid to the county attorney.

C. The board of supervisors shall not pay a salary to any person as public defender or deputy public defender who is not eligible for the office.

§ 11-583 Private practice of civil and criminal law prohibited; exception; limitation

A. The public defender and his full-time deputies shall not engage in the private practice of law, except:

1. Such prohibition shall not apply to part-time deputies, except that in no instance shall part-time deputies engage in any private litigation in which the county or an officer thereof in his official capacity is a party.

2. Deputy county public defenders may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the public defender's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state, the county or any of their agencies.

(g) The deputy county public defender's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest.

(j) The activity will not utilize resources that will result in cost to this state, the county or any of their agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which includes a provision holding the agency harmless from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client shall not disqualify the office from subsequently participating in any action affecting the client.

B. The public defender shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county except as provided in this article unless authorized by the board of supervisors to enter into an intergovernmental agreement with another county pursuant to chapter 7, article 3 of this title.

§ 11-584 Public defender; duties; reimbursement

A. The public defender, on order of the court, shall defend, advise and counsel any person who is entitled to counsel as a matter of law and who is not financially able to employ counsel in the following proceedings and circumstances:

1. Offenses triable in the superior court or justice courts at all stages of the proceedings, including the preliminary examination.

2. Extradition hearings.

3. Mental disorder hearings only if appointed by the court under title 36, chapter 5.

4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if appointed by the court as provided in section 36-3704, subsection C and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

6. Juvenile delinquency and incorrigibility proceedings only if appointed by the court under section 8-221.

7. Appeals to a higher court or courts.

8. All juvenile proceedings other than delinquency and incorrigibility proceedings under paragraph 6 of this subsection, including serving as a guardian ad litem, if appointed by the court pursuant to section 8-221 and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

9. All mental health hearings regarding release recommendations that are held in the superior court pursuant to title 13, chapter 38, article 14 and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept these appointments.

10. As attorneys in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments as specified.

B. The public defender shall perform the following duties:

1. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

2. By December 1 of each year, file with the presiding judge of the superior court, the chief probation officer and the board of supervisors an annual report on the average cost of defending a felony case.

C. Although the services of the public defender or court appointed counsel shall be without expense to the defendant, the juvenile, a parent or any other party, the court may make the following assessments:

1. Order an indigent administrative assessment of not more than $25.

2. Require that the defendant, including a defendant who is placed on probation, or any other party who is appointed counsel under subsection A of this section repay to the county a reasonable amount to reimburse the county for the cost of the person's legal services. Reimbursement for legal services in a guardianship or conservatorship proceeding shall be ordered pursuant to section 14-5414. The court may not order a juvenile or the juvenile's parent or guardian to pay administrative assessments or reimburse the cost of legal services.

D. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.

E. Assessments collected pursuant to subsection C of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel. The assessments shall supplement, not supplant, funding provided by counties for public defense, legal defense and contract indigent defense counsel in each county.

§ 11-585 Provision for office and supplies; reimbursement from other agencies

A. In each county where the office of public defender is established, the board of supervisors shall provide suitable rooms, office furniture and supplies with which to properly conduct the business of his office.

B. The county shall be reimbursed by the appropriate governmental agency for the expenses incurred in providing the public defender's services to municipal courts or agencies not under the jurisdiction of the county.

§ 11-586 Provision for deputies, assistants and employees

A. The public defender, with the consent and at salaries fixed by the board of supervisors, may appoint those full-time and part-time deputies, and hire stenographers and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing.

B. Deputies shall hold office at the pleasure of the officer appointing them and the board of supervisors.

C. Wherever possible, part-time deputies shall be appointed at minimal salaries to supplement the regular staff of the office of the public defender. When these deputies are appointed, the public defender shall make every effort, which does not interfere with the faithful performance of his duties, to acquaint them fully with all phases of the activities of his office.

§ 11-587 Withdrawal of public defender

The public defender shall petition the court to withdraw as attorney of record, and the court may grant such petition, whenever private counsel is employed either by the defendant or by any other person to represent such defendant and such private counsel is accepted by the defendant.

§ 11-588 State aid to indigent defense fund

A. The state aid to indigent defense fund is established consisting of monies appropriated to the fund and monies allocated to the fund pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to the county public defender, legal defender and contract indigent defense counsel for the processing of criminal cases.

B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate monies in the fund to each county pursuant to section 41-2409, subsection C.

C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by counties for the processing of criminal cases by the county public defender, legal defender and contract indigent defense counsel in each county.

D. Monies in the state aid to indigent defense fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.

E. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

Article 12 County Medical Examiner

§ 11-591 Definitions

In this article, unless the context otherwise requires:

1. "Alternate medical examiner" means a physician who has training and competence in the principles of death investigation and who performs or directs the conduct of death investigations.

2. "Autopsy" means a surgical procedure in which internal organs are exposed, removed or examined for the identification of trauma or natural disease.

3. "Death investigation" means the investigation directed by a county medical examiner or alternate medical examiner into the circumstances surrounding a death occurring as prescribed in section 11-593.

4. "External examination" means an external inspection of a body.

5. "Forensic pathologist" means a physician who has successfully completed a pathology residency and a forensic fellowship or has extensive experience performing forensic autopsies in an official capacity.

6. "Investigative information" means information received by a medical examiner or alternate medical examiner from law enforcement, witnesses, family members, health care personnel or medical death investigators concerning cause and manner of death.

7. "Medical death investigator" means a person trained in the principles of death investigation.

8. "Medical examiner" means a forensic pathologist who performs or directs the conduct of death investigations.

9. "Nurse practitioner" means a person licensed and certified pursuant to title 32, chapter 15.

10. "Organ procurement organization" means an organization located within this state that meets the requirements of 42 United States Code section 273.

11. "Pathologist assistant" means a person certified as a pathologist assistant who has graduated from a pathologist assistant training program approved by a national accrediting agency for clinical laboratory sciences.

12. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.

13. "Tissue bank" means a person that is licensed or regulated under federal or state law or accredited by a nationally recognized accrediting organization to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

§ 11-592 County medical examiner; alternate medical examiners; fund; notification

A. The board of supervisors of each county may appoint a forensic pathologist to the position of medical examiner. The medical examiner shall receive compensation as determined by the board of supervisors.

B. If the board of supervisors determines that the appointment of a medical examiner is not practicable, the board of supervisors shall designate one or more alternate medical examiners who need not be residents of the county. An alternate medical examiner shall perform the duties of a medical examiner except all autopsies shall be performed by a forensic pathologist.

C. If the board of supervisors designates one or more alternate medical examiners, the board may establish a county fund and shall pay expenses incurred by alternate medical examiners in the performance of their duties and for the cost of cases referred to a forensic pathologist.

D. The sheriff of the county is responsible for notifying an alternate medical examiner to direct a death investigation.

§ 11-593 Reporting of certain deaths; failure to report; violation; classification

A. Any person having knowledge of the occurrence of the death of a human being including a fetal death that is required to be reported pursuant to subsection B, of this section shall promptly notify the nearest peace officer of all information in the person's possession regarding the death and the circumstances surrounding it.

B. Reporting is required in the following circumstances:

1. Death when not under the current care of a health care provider as defined pursuant to section 36-301.

2. Death resulting from violence.

3. Unexpected or unexplained death.

4. Death of a person in a custodial agency as defined in section 13-4401.

5. Unexpected or unexplained death of an infant or child.

6. Death occurring in a suspicious, unusual or nonnatural manner, including death from an accident believed to be related to the deceased person's occupation or employment.

7. Death occurring as a result of anesthetic or surgical procedures.

8. Death suspected to be caused by a previously unreported or undiagnosed disease that constitutes a threat to public safety.

9. Death involving unidentifiable bodies.

C. The peace officer shall promptly notify the county medical examiner or alternate medical examiner and, except in deaths occurring as a result of surgical or anesthetic procedures, shall make or cause to be made an investigation of the facts and circumstances surrounding the death and report the results to the medical examiner or alternate medical examiner. If there is no county medical examiner or alternate medical examiner appointed and serving within the county, the county sheriff shall be notified by the peace officer and the sheriff shall in turn notify and secure a licensed physician having the qualifications of an alternate medical examiner to assume the powers and duties prescribed by section 11-594.

D. Every person who knows of the existence of a body where death occurred as specified in subsection A of this section and who knowingly fails to notify the nearest peace officer as soon as possible unless the person has good reason to believe that notice has already been given is guilty of a class 2 misdemeanor.

E. If the deceased was under treatment for an accident or illness by prayer or spiritual means alone, in accordance with the tenets and practices of a well-recognized church or religious denomination, and death occurred without a physician or nurse practitioner in attendance, the person who has knowledge of the death shall report all information in the person's possession regarding the death and circumstances surrounding it directly to the county medical examiner or the alternate medical examiner who may waive an external examination or autopsy if the county medical examiner or alternate medical examiner is satisfied that the death of the person resulted from natural causes.

F. Each county shall provide to the department of public safety fingerprints of all deceased persons for whom the circumstances of death require an external examination or autopsy and whose deaths are required to be investigated pursuant to this section. These fingerprints shall be on a form provided by the department of public safety and shall be accompanied by any other information regarding the physical description and the date and place of death the department of public safety requires. Fingerprints taken pursuant to this section shall be used only for the purpose of purging criminal history files. All information and data in the department of public safety that are furnished in compliance with this section are confidential and may be disclosed only on written approval of the director of the department of public safety to the juvenile court, social agencies and public health and law enforcement agencies licensed or regulated by this state.

§ 11-594 Powers and duties of county medical examiner

A. The county medical examiner or alternate medical examiner shall direct a death investigation and, on a determination that the circumstances of the death provide jurisdiction pursuant to section 11-593, subsection B, shall:

1. Take charge of the dead body.

2. Determine if an autopsy is required.

3. Certify to the cause and manner of death following completion of the death investigation, reduce the findings to writing and promptly make a full report on forms prescribed for that purpose.

4. Have subpoena authority for all documents, records and papers deemed useful in the death investigation.

5. Execute a death certificate provided by the state registrar of vital statistics indicating the cause and the manner of death for those bodies for which a death investigation has been conducted and jurisdiction is assumed.

6. Give approval for cremation or alkaline hydrolysis of a dead body after a death investigation and record the approval on the death certificate.

7. Notify the county attorney or other law enforcement authority when death is found to be from nonnatural causes.

8. Carry out the duties specified under section 28-668.

9. Carry out the duties specified under title 36, chapter 7, article 3.

10. Provide a blood sample from a deceased person for the purpose of communicable disease testing pursuant to sections 13-1210 and 36-670 if the blood is available and the collection or release will not interfere with a medical examination, autopsy or certification of death.

11. Observe all policies adopted by the board of supervisors regarding conflicts of interest and disclosure of noncounty employment.

B. The county medical examiner or alternate medical examiner may:

1. Assign to a medical death investigator or other qualified personnel all aspects of a death investigation except performing autopsies.

2. Authorize forensic pathologists to perform examinations and autopsies. The medical examiner or alternate medical examiner may authorize medical students or residents and fellows in pathology training to perform autopsies under the supervision of a licensed physician who is board certified in forensic pathology, pursuant to procedures adopted by the county medical examiner or alternate medical examiner. Authorization and the amount to be paid by the county for pathology services are subject to approval of the board of supervisors.

3. Authorize pathologist assistants to assist with performing autopsies under the direct supervision of a licensed physician who is board certified in forensic pathology, pursuant to procedures adopted by the county medical examiner or alternate medical examiner. A pathologist assistant may not certify a cause of death or independently perform an autopsy.

4. Delegate any power, duty or function, whether ministerial or discretionary, vested by this chapter in the medical examiner or alternate medical examiner to a person meeting the qualifications prescribed in this chapter who is employed by or who has contracted with the county to provide death investigation services. The medical examiner or alternate medical examiner shall be responsible for the official acts of the person designated pursuant to this section and shall act under the name and authority of the medical examiner or alternate medical examiner.

5. Authorize the taking of organs and tissues as they prove to be usable for transplants, other treatment, therapy, education or research if all of the requirements of title 36, chapter 7, article 3 are met. The medical examiner or alternate medical examiner shall give this authorization within a time period that allows a medically viable donation.

6. Authorize licensed physicians, surgeons or trained technicians to remove parts of bodies provided they follow an established protocol approved by the medical examiner or alternate medical examiner.

7. Limit the removal of organs or tissues for transplants or other therapy or treatment if, based on a review of available medical and investigative information within a time that allows a medically viable donation, the medical examiner or alternate medical examiner makes an initial determination that their removal would interfere with a medical examination, autopsy or certification of death. Before making a final decision to limit the removal of organs, the medical examiner or alternate medical examiner shall consult with the organ procurement organization. After the consultation and when the organ procurement organization provides information that the organ procurement organization reasonably believes could alter the initial decision and at the request of the organ procurement organization, the medical examiner or alternate medical examiner shall conduct a physical examination of the body. If the medical examiner or alternate medical examiner limits the removal of organs, the medical examiner or alternate medical examiner shall maintain documentation of this decision and shall make the documentation available to the organ procurement organization.

C. A county medical examiner or alternate medical examiner shall not be held civilly or criminally liable for any acts performed in good faith pursuant to subsection A, paragraph 10 and subsection B, paragraphs 5, 6 and 7 of this section.

D. If a dispute arises over the findings of the medical examiner's report, the medical examiner, on an order of the superior court, shall make available all evidence and documentation to a court-designated licensed forensic pathologist for review, and the results of the review shall be reported to the superior court in the county issuing the order.

E. For providing external examinations and autopsies pursuant to this section, the medical examiner may charge a fee established by the board of supervisors pursuant to section 11-251.08.

F. The county medical examiner or alternate medical examiner is entitled to all medical records and related records of a person for whom the medical examiner is required to certify cause of death.

§ 11-595 Right to enter premises; right to seize articles

A. The county medical examiner or alternate medical examiner may enter any room, dwelling, building or other place in which the body or evidence of the circumstances of the death requiring investigation may be found, provided that a law enforcement agency investigating the death obtains a search warrant for private property other than in the immediate location where the body was found.

B. The county medical examiner or alternate medical examiner, with the permission of the law enforcement agency investigating the death may take into possession any object or article found on the deceased or in the deceased's immediate vicinity which may aid in the determination of the deceased's identity or determination of the cause or manner of death. Upon completion of the findings, the medical examiner or alternate medical examiner, within thirty days, shall deliver the object or article to the law enforcement agency concerned, to the legal representative of the deceased or to the county treasurer.

§ 11-596 Removal or disturbance of body or effects or weapons without consent prohibited

A. A human body or body suspected of being human shall not be removed from the place where the death occurred, if the death is of a nature requiring investigation, without first obtaining permission of the county medical examiner or alternate medical examiner.

B. Embalming, cleansing of the surfaces of the body or other alteration of the appearance or state of the body, clothing or personal effects shall not be performed until the permission of the county medical examiner or alternate medical examiner has been obtained. A funeral director or embalmer who receives custody of a human body from a county medical examiner or alternate medical examiner is deemed to have the permission required by this subsection, unless permission is expressly withheld by the county medical examiner or alternate medical examiner.

C. A person, except a law enforcement agent in the performance of the agent's duties, shall not remove from the place of death or from the body of the deceased any of the effects of the deceased, or instruments or weapons that may have been used in the death requiring investigation, without prior permission of the county medical examiner, alternate medical examiner or the investigating law enforcement agent.

§ 11-597 Autopsies; reports; exemption from liability

A. The county medical examiner or alternate medical examiner shall conduct a death investigation to determine whether or not the public interest requires an external examination, autopsy or other special investigation.

B. An external examination or autopsy is not required for deaths due to natural diseases that occur during surgical or anesthetic procedures unless the medical examiner or alternate medical examiner determines that an external examination or autopsy is necessary.

C. In the determination of the need for an autopsy, the county medical examiner or alternate medical examiner may consider the request for an autopsy made by private persons or public officials. If the county attorney or a superior court judge of the county where the death occurred requests an autopsy, the county medical examiner shall perform the autopsy, or, in the case of an alternate medical examiner, an autopsy shall be performed by a forensic pathologist.

D. A forensic pathologist shall perform an autopsy in cases of sudden and unexplained infant death in accordance with protocols adopted by the director of the department of health services. If the medical examiner or forensic pathologist determines that the infant died of sudden infant death syndrome, the medical examiner or forensic pathologist shall notify the department of health services. The medical examiner or forensic pathologist may retain tissue samples, specimens and other biological materials for diagnostic purposes.

E. If an autopsy is performed, a full record or report of the facts developed by the autopsy in the findings of the person performing the autopsy shall be properly made and filed in the office of the county medical examiner or the board of supervisors. If the person performing the autopsy determines that the report should be forwarded to the county where the death occurred or the county in which any injury contributing to or causing the death was sustained, the report shall be forwarded to the county attorney.

F. A county attorney may request and on request shall receive from the county medical examiner or alternate medical examiner a copy of the report on any autopsy performed.

G. The county medical examiner or alternate medical examiner may perform other tests deemed necessary to determine identity and the cause and manner of death and may retain tissues, specimens and other biological materials for subsequent examination.

H. When a death investigation, including an external examination, autopsy or other tests are performed by the county medical examiner, alternate medical examiner or a forensic pathologist, no cause of action shall lie against the physician or any other person for requesting, performing, participating in or determining the cause and manner of death or otherwise reporting the results from the external examination, death investigation, autopsy or other tests or for retaining specimens, tissues or other biological materials.

§ 11-597.01 Duty to conduct identification meeting; exception; immunity; definitions

A. On receipt of notification from an immediate family member of a decedent in the physical possession of the medical examiner, the medical examiner shall conduct an identification meeting in the time frame prescribed by this section, unless in the professional opinion of the medical examiner an identification meeting should be delayed or limited because the risk of loss of forensic evidence may compromise the death investigation of the medical examiner or the decedent's body is in a physical condition that does not allow the decedent to be reasonably recognized.

B. This section does not limit or otherwise restrict or affect the county medical examiner's professional judgment and discretion to determine the nature and extent of any death investigation or positive identification of a dead body.

C. If an identification meeting is conducted pursuant to this section or otherwise, the county medical examiner, all employees, agents, contractors and other representatives of the county medical examiner and the county are immune from civil liability for any injuries or damages of any kind alleged to have been suffered by an immediate family member as a result of or arising from an identification meeting or by any other third party due to the conduct of the immediate family member allegedly attributable to or otherwise arising out of the identification meeting. A cause of action shall not arise against them as a result of the identification meeting.

D. The medical examiner shall provide information on the county website as to the means of making a request for notification.

E. For the purposes of this section:

1. "Identification meeting" means an examination of photographs or videos of the decedent or any distinguishing marks of the dead body or any information that may assist the immediate family in making identification.

2. "Immediate family member" means, with respect to a particular decedent, an individual who is at least eighteen years of age and who is one of the following:

(a) The decedent's spouse.

(b) The decedent's child.

(c) The decedent's parent.

(d) The decedent's grandparent.

(e) The decedent's grandchild.

(f) The decedent's sibling.

(g) The decedent's legal guardian.

3. "Notification" means a written or electronic request to the medical examiner.

4. "Time frame" means forty-eight hours, excluding weekends and legal holidays.

§ 11-597.02 Autopsy photographs, digital images, x-rays and video recordings; in camera review; exceptions; procedures; immunity

A. Notwithstanding title 39, chapter 1, photographs, digital images, x-rays and video recordings of human remains that are created by a medical examiner, alternate medical examiner or their employees or agents during a death investigation that is conducted pursuant to this chapter may not be disclosed by a medical examiner, alternate medical examiner or their employees or agents unless a judge of the superior court grants disclosure of all or part of the materials after reviewing the materials in camera. The judge of the superior court shall balance the interests under the public records laws of this state to determine whether to order disclosure of all or part of the materials. A person that seeks disclosure of the materials described in this section may file a petition in the superior court of the county in which the death investigation occurred for an in camera review of the materials.

B. Notwithstanding the provisions of subsection A of this section, the following persons may examine and obtain the materials described in subsection A of this section:

1. The county attorney, attorney general or other law enforcement agency having jurisdiction, as necessary for the performance of their duties.

2. The surviving spouse, child, parent, legal guardian, grandparent, grandchild or sibling of the decedent or their legal representative or designated agent.

3. A personal representative of the decedent's estate or a person designated by the decedent before death.

4. Federal, state or local governmental authorities, including public health officers, as necessary for the performance of their duties.

5. The attending physician or nurse practitioner.

6. A medical or scientific body or university or other educational institution for educational or research purposes, provided that the materials used do not reveal the decedent's identity.

7. An attorney for a defendant or petitioner in any criminal or postconviction proceeding for purposes of assisting representation in that proceeding.

C. Nothing in this section shall affect the conduct of trials or the discovery process as provided by law or court rule.

D. The medical examiner or alternate medical examiner may prescribe procedures for the issuance of materials pursuant to subsection B of this section, including reproduction fees.

E. A cause of action may not arise against the county medical examiner, alternate medical examiner or their employees or agents, or the county for lawfully disclosing a death investigation photograph, digital image, x-ray or video recording pursuant to this section.

§ 11-598 Exhumation; court order

If in any case of sudden, violent or suspicious death a body is buried without any inquiries by the county medical examiner or alternate medical examiner, the county attorney of the county in which the body is buried may petition the superior court for an order directing that the body be exhumed and an autopsy be performed. The court after a hearing may order that the body be exhumed and that an autopsy or such other investigation as the court deems appropriate be performed.

§ 11-599 Cremation

When a funeral director, embalmer or alkaline hydrolysis operator is requested to cremate or prepare for cremation or alkaline hydrolysis the body of a dead person, the funeral director, embalmer or alkaline hydrolysis operator or any other person having knowledge of an intention to dispose of human remains shall notify the county medical examiner or alternate medical examiner to review the death certificate. If after reviewing the death certificate the county medical examiner or alternate medical examiner is satisfied that there is no evidence of foul play or violence, the examiner shall so certify.

§ 11-600 Burial of indigent deceased; disposal of property

A. When a death investigation has been completed by the county medical examiner or alternate medical examiner and no other person takes charge of the body of the deceased, the examiner shall cause the body to be delivered to the funeral establishment, licensed pursuant to title 32, chapter 12, article 4, closest geographically to the place where the body is pronounced dead, for preservation, disinfection and final disposition. The medical examiner or alternate medical examiner may establish geographical areas within the county and a rotation system whereby the bodies are delivered equally in sequence to all licensed funeral establishments in each geographical area. All licensed funeral establishments in any incorporated city or town shall be in the same geographical area. Area boundaries in unincorporated areas shall be drawn so as to approximate equal distances between incorporated cities or towns in which a licensed funeral establishment or establishments exist. Upon request of any licensed funeral establishment, in writing, they shall be removed from participation in the receipt of medical examiner cases until they rescind their request. If there is not sufficient property in the estate of the deceased to pay the necessary expenses of the burial, the expenses shall be a legal charge against the county. Upon determination of indigency the funeral establishment shall perform the normal county indigent burial, in the manner and for the fee then being paid by the county, or release the body, upon county request, without fee, to the funeral establishment designated by the county for other indigent burials.

B. Notwithstanding subsection A of this section, the county medical examiner or alternate medical examiner may cause the body to be delivered to a community college under the jurisdiction of a community college district as defined in section 15-1401, if the community college has an accredited mortuary science program. On acceptance of the body and with proper authorization, the community college mortuary science program shall preserve and disinfect the body, prepare it for final disposition and deliver the body to a licensed funeral establishment pursuant to subsection A of this section for final disposition. For the purposes of this subsection, proper authorization may be provided by the next of kin pursuant to section 36-831, subsection A or the public fiduciary of the county.

C. Within thirty days after the examination, the medical examiner or alternate medical examiner shall deliver to the public fiduciary of the county or the legal representative of the deceased any money or property found upon the body.

Chapter 4 Fiscal Provisions

Article 1 County Charges, Specific Funds and Warrants for Current Expenses

§ 11-601 County charges

County charges are:

1. Charges against the county incurred by virtue of any provision of this title.

2. Salaries of county and precinct officers, deputies and employees and necessary expenses incurred in the conduct of their offices.

3. Expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail.

4. Sums required by law to be paid to grand and trial jurors and indigent witnesses in criminal actions.

5. Compensation of interpreters in the prosecution or defense of criminal actions who have been appointed by the presiding judge of the superior court as official interpreters for justice courts and courts of record of their county. Such interpreters shall be paid such salaries as the board of supervisors may determine.

6. Necessary expenses for the support of county hospitals and indigent sick whose support is chargeable to the county.

7. Compensation of physicians for making examinations in insanity cases upon the request or order of the superior court.

8. Contingent expenses necessarily incurred for the use and benefit of the county.

9. Every other sum directed by law to be raised for a county purpose or declared to be a county charge.

§ 11-602 Expense fund; estimate of expenses; transfer of funds; retransfer of excess

A. The board of supervisors shall create a fund known as the expense fund, and shall order, when necessary, the transfer of money into such fund from the general fund of the county sufficient to pay the expenses of maintaining the government of the county until additional revenues may be collected to defray such expenses.

B. Before making the order the board shall make an estimate of the amount required, for what purpose, and the amount available for the purposes of such fund from taxes or otherwise, and when the estimate is made, shall enter the whole of the itemized estimate in the minutes of the board.

C. The county treasurer shall make the transfer when ordered by the board, and pay from the expense fund orders drawn thereon by the board for the maintenance of the county government. The orders shall be drawn and signed as county warrants. The board shall not issue an order on the fund until there is sufficient money therein to pay and redeem the order. Orders shall be issued on the fund in the order of their allowance by the board.

D. If at any time the board believes there is more money in the expense fund than necessary to pay the expenses of maintaining the government of the county, it shall make an order directing the treasurer to transfer such excess to the general fund of the county, and the treasurer shall make the transfer so ordered. The money so retransferred shall be available for redemption of outstanding warrants against the county.

§ 11-603 Expense of maintaining government defined

The expense of maintaining the government consists of official salaries, fees and mileage, fees and mileage of jurors and witnesses, county printing and advertising, books and stationery, feeding county prisoners, the care of the indigent sick, water, wood, lights and like supplies for county institutions and insurance and repairs of county buildings.

§ 11-604 Salary fund; sick pay fund; other funds

A. The board may create a salary fund and pay therefrom the salaries of officials and employees, and fees and mileage of jurors. After the transfer of funds to the expense fund, the board may transfer from the expense fund to the salary fund, as provided for transfer of funds from the general fund to the expense fund, an amount sufficient to pay the salaries of officials and employees, and fees and mileage of jurors, and may authorize and order payments from the salary fund in like manner as on the expense fund.

B. The board may establish a county sick pay fund and pay compensation from the fund to an official or employee who is absent from work due to illness. The board shall transfer from the expense fund to the sick fund an amount sufficient to pay the sick leave of officials and employees. Budget units as part of the payroll reporting procedure shall report hours of sick leave earned by the county officials and employees and of absences due to illness. Compensation paid to employees due to illness shall be separately identified in the accounting records of the county.

C. The board may, in like manner, create and make payments from such other county funds as necessary for the proper transaction of the business of the county.

§ 11-604.01 Revolving line of credit; uses; procedures; bids; application of revenues; exception

A. The board of supervisors may enter into agreements with a financial institution authorized to do business in this state for the purpose of obtaining a separate and distinct revolving line of credit for the county and each individual political subdivision of that county for the current fiscal year to pay the lawful claims and obligations of that political subdivision until sufficient monies for payment from property taxes and other nonrestricted revenues are received by the treasurer in accordance with the following:

1. The county treasurer is the agent for the county and any political subdivision of this state for which the county treasurer acts as treasurer for any agreement entered into under this section and may take any action required under an agreement without further approval of any governing body of a political subdivision.

2. Any agreement entered into under this section shall not be for a term exceeding the period contracted for in section 35-325, subsection C.

3. The agreement shall provide that the financial institution may not charge the county a rate of interest in excess of ten per cent per year for a tax exempt obligation pursuant to the internal revenue code of 1986.

4. The maximum rate permissible for the financial institution to charge for taxable obligations shall be one hundred ten per cent of the previous quarter's weighted average prime rate among this state's top three financial institutions by asset size.

5. The revolving line of credit agreement shall be for an amount of not more than forty-five per cent of the total amount of nonrestricted operating revenues received by each political subdivision in the preceding year.

6. For those political subdivisions which have not received nonrestricted operating revenues in the preceding year, the revolving line of credit agreement shall provide that the maximum revolving line of credit of such political subdivisions shall not exceed forty-five per cent of their estimated first year nonrestricted operating revenues.

7. The revolving line of credit agreement shall provide that the financial institution is entitled to a security interest in the nonrestricted operating revenues received by the treasurer on behalf of each political subdivision to the extent of any credit extended under the commitment made by the financial institution.

B. For a county that uses the procedures provided for by this section, the board of supervisors shall receive bids for the services provided in subsection A as part of the bid process for servicing banks pursuant to title 35, chapter 2, article 2.1.

C. All nonrestricted operating revenues received by each political subdivision shall be applied by the county treasurer on behalf of each political subdivision to any unpaid advances which the political subdivision received pursuant to an agreement entered into under this section. The treasurer shall apply such nonrestricted operating revenues received by the political subdivision to repay advances received by the political subdivision without any further action by the governing body of any political subdivision. These nonrestricted operating revenues shall be applied in the following order according to the order which the advances were made by the financial institution or the warrants registered by the county treasurer:

1. Warrants registered by the county treasurer before September 15, 1989.

2. Advances made pursuant to this section.

3. Warrants registered after September 15, 1989.

D. This section shall not be construed to authorize the extension of credit to a political subdivision for those obligations of the political subdivision in which the monies for repayment are subject to restrictions preventing their use as repayment for such obligations or to require a financial institution to extend credit to any political subdivision.

E. A revolving line of credit agreement entered into under this section shall provide that any political subdivision which exceeds the maximum line of credit provided for the political subdivision shall register any warrants issued in excess of its unpaid maximum line of credit in the manner provided for in this article.

§ 11-605 Warrants, substitute checks or electronic funds transfers drawn on fund

Warrants, substitute checks or electronic funds transfers drawn by a political subdivision on the county treasurer shall be paid in the order of presentation to the treasurer. If the fund is insufficient to pay a warrant, substitute check or electronic funds transfer, it shall be paid from monies obtained by the treasurer on behalf of each political subdivision pursuant to this article. If no agreement has been entered into under this article, the fiscal provisions prescribed in section 11-635 are applicable.

§ 11-606 Collection and disposition of groundwater transportation fees; economic development fund

A. The board of supervisors may collect groundwater transportation fees paid to the county pursuant to section 45-556.

B. The board of supervisors shall transmit all monies collected under this section to the county treasurer for deposit in a groundwater basin economic development fund. The board shall use monies in the fund to enhance economic development in the groundwater basin or sub-basin with respect to which the monies were collected, including water acquisition or other mitigation activities for remaining water users in the groundwater basin or sub-basin, economic planning, business and industrial recruitment and retention and other necessary and appropriate economic development activities. If the groundwater basin or sub-basin is completely dedicated for purposes of transporting groundwater away from the basin or sub-basin, the monies collected under this section may be used for such economic development activities anywhere in the county.

Article 2 Claims and Warrants

§ 11-621 Payments from treasury on demand; exception; duty of auditor general; payment of loss; alternative procedure

A. A payment exceeding five hundred dollars may be made from the treasury of the county upon demand duly presented and allowed, but compensation due to jurors and witnesses and official salaries shall be paid without presentation of a claim.

B. A demand is not required to authorize payment if all other required documentation as prescribed in the uniform system of bookkeeping for counties is maintained to support the payment.

C. No demand shall be necessary for the board of supervisors to draw warrants upon the county treasury in amounts not exceeding five hundred dollars for the purpose of paying for goods and services costing five hundred dollars or less. The auditor general shall prescribe the manner in which the warrants described in this subsection shall be drawn and issued. Any loss arising out of the issuance of a warrant drawn and issued in the manner prescribed by the auditor general shall be a county charge.

§ 11-622 Demand; time limit for presentation of claim

A. A person having a claim against a county shall present to the board of supervisors of the county against which the demand is held an itemized claim executed by the person under penalties of perjury, stating minutely what the claim is for, specifying each item, the date and amount of each item and stating that the claim and each item of the claim is justly due.

B. Sellers of goods or services to a county may submit claims in writing or by electronic data interchange if such method is approved by the county board of supervisors. All other claims shall be submitted in writing.

C. The board of supervisors shall not pay any claim unless demand for payment is made within six months after the last item of the account accrues.

§ 11-623 Record of demands and warrants

The board shall cause to be entered separately in the minute book of the board:

1. The number of each demand allowed.

2. By whom presented.

3. The amount of the demand.

4. From what fund the demand is payable.

5. The number of each warrant ordered drawn by them and to whom payable.

6. The amount of each warrant.

7. For what service or supplies the warrant is drawn.

§ 11-624 Audit of nonprofit corporations receiving county monies; definition

A. All county contracts with nonprofit corporations for assistance shall include requirements concerning financial and compliance audits.

B. Each nonprofit corporation that receives in excess of one hundred thousand dollars in county assistance in any fiscal year shall file for each such fiscal year at the corporation's expense with the board of supervisors either audited financial statements prepared in accordance with federal single audit regulations or financial statements prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant.

C. Each nonprofit corporation receiving fifty thousand dollars to one hundred thousand dollars in county assistance in any fiscal year shall file biennially at the corporation's expense with the board of supervisors either an audited annual financial statement for the most recently completed even-numbered year prepared in accordance with federal single audit regulations or a financial statement for the most recently completed even-numbered year prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant.

D. Each nonprofit corporation receiving less than fifty thousand dollars in county assistance in any fiscal year shall comply with contract requirements concerning financial and compliance audits contained in contract agreements governing such programs.

E. For the purposes of this section, "nonprofit corporation" means a corporation as defined in section 10-3140.

§ 11-624.01 Procedure for payment of obligations after close of fiscal year

A. Annually on or before June 30, each county department or agency having outstanding liabilities attributable to the budgetary allotments of the fiscal year just ending shall file with the county board of supervisors for that county, in the manner and upon a form prescribed by the board and under oath, an "advice of encumbrance" for each item of outstanding liability the board of supervisors shall encumber such funds as are necessary and available to pay such properly entered encumbrances. Any encumbrances outstanding at the end of sixty days shall lapse and the remaining fund balance shall revert to the appropriate county fund.

B. The county board of supervisors may draw warrants against the available balances of the budgetary items made for a fiscal year for a period of sixty days after the close of such fiscal year. Warrants may be drawn after the close of a fiscal year only for payment of liabilities incurred during the fiscal year for which such budget was approved.

C. After expiration of the period of sixty days from the beginning of each fiscal year, the balance shall lapse and be applied as provided in subsection A of this section and no further payments shall be made on any claim for expenditures of such prior fiscal year.

§ 11-625 Consideration of claim

A demand shall not be considered by the board unless prepared as prescribed in section 11-622 and filed by the clerk at least one day prior to the session at which it is to be considered. Demands so filed shall be considered and passed upon at the next regular session after they are presented, unless for good cause the board postpones consideration of them to a future session.

§ 11-626 Claims by supervisors

A claim against the county presented by a member of the board of supervisors shall be verified as other claims, and shall bear the written approval of at least one member of the board other than the claimant, and of the county treasurer.

§ 11-627 Effect of personal interest of county officer

A demand in which a county officer is personally interested, or arising out of a contract to which a county officer while in office has been a party or otherwise personally interested, shall not be approved, allowed or paid, and every such contract, claim or demand is null and void, except for official compensation of the persons in whose name it is presented.

§ 11-628 Allowance of demands; limitation; hearing

A. A demand shall not be allowed by the board in favor of a person indebted to the county without first deducting such indebtedness, or in favor of an officer whose accounts have not been rendered and approved, or who has neglected or refused to make his official returns or report in writing, as required by law, or in favor of any officer who wilfully neglects or refuses to perform the duties of his office. The board may examine the claimant on oath, or any other person, to determine the justness of the demand.

B. A citizen or taxpayer of the county may appear before the board and oppose the allowance of any demand.

§ 11-629 Rejection or partial allowance of demand

When the board finds that a demand is not a proper county charge, it shall reject the demand. If the demand is a proper county charge, but larger than is just, the board may allow the claim in part and draw a warrant for the part allowed.

§ 11-630 Action upon rejected or partially allowed demand

A. A claimant dissatisfied with the rejection of his demand, or with the amount allowed thereon, may sue the county therefor at any time within six months after final action of the board, but not afterward. If in the action judgment is recovered for more than the board allowed, the board shall allow and pay the judgment, together with the costs adjudged, but if no more is recovered than was originally allowed by the board, the board shall pay the claimant only such amount.

B. A claimant may accept the amount allowed and sue for the balance of his demand, and this action shall not be barred by the acceptance of the amount allowed.

§ 11-631 Warrants; record

A. Warrants on the county treasury shall be drawn and signed by the chairman and either the clerk of the board or the finance director in favor of the persons entitled to the warrants and shall distinctly specify the liability for which they are drawn.

B. The warrants shall, commencing with the first Monday in July of each year, be numbered consecutively, and the number, date and amount of each, the name of the person to whom payable, and the purpose for which drawn shall be stated on the warrant. The clerk or the finance director shall keep a record of each warrant in the warrant book.

§ 11-632 Issuance of duplicate warrant

A. When it appears to the satisfaction of the board or county school superintendent by affidavit or otherwise that a warrant on the county treasurer has been lost or destroyed prior to payment and there is no reasonable probability of its being found or presented, the board may direct the issuance to the owner of a duplicate of the lost or destroyed warrant. Before issuing the duplicate, however, the board or county school superintendent shall send a written stop payment notice to the county treasurer, giving the number, amount and date of the warrant, the payee and the fund on which drawn. Such duplicate warrant issued under authority of this section shall constitute full and sufficient authority to the county treasurer for disbursement of public monies in the amount set forth on the duplicate warrant. The county treasurer shall not pay any warrant on which a stop payment notice has been made unless the board has released the stop payment in writing.

B. The board of supervisors shall establish procedures for issuing duplicate warrants that protect the county and provide the owner with a duplicate warrant within a reasonable time.

§ 11-633 Warrants receivable for debt or taxes due county

Warrants issued by the board shall be receivable in payment of debts to the county, and taxes assessed against property in the county. Upon tender of a warrant in payment of a debt or tax, the county treasurer shall, if the warrant is less than the amount of the debt or tax, and is accompanied by sufficient money to make up the full amount of the debt or tax, credit the amount of the warrant upon the debt or tax. If the amount of the warrant is greater than the amount of the debt or tax, he shall mark the debt or tax paid, and endorse the amount thereof upon the back of the warrant as a partial payment thereof. Only the person named as payee in the warrant may use it in payment of a debt or tax.

§ 11-634 Payment of warrants, substitute checks and electronic funds transfers; definitions

A. If the board of supervisors, the county superintendent of schools or a special district presents a warrant, substitute check or electronic funds transfer for payment, the county treasurer shall pay it and make a charge against the appropriate account. An electronic image of the original warrant or an electronic record of the electronic funds transfer provided by or made available by the servicing bank in a format approved by the county treasurer is deemed properly presented.

B. For the purposes of this section:

1. "Substitute check" has the same meaning prescribed in section 9-249.

2. "Warrant" has the same meaning prescribed in section 9-249 and includes a record from which an electronic funds transfer may be made.

§ 11-635 Warrants, substitute checks and electronic funds transfers unpaid for lack of monies; interest; definitions

A. If a revolving line of credit has not been obtained for a political subdivision or if the revolving line of credit has been spent and if there are insufficient monies in the issuer's account, the county treasurer may invest in the warrant, substitute check or electronic funds transfer prescribed in section 35-323, subsection A, paragraph 7.

B. The county treasurer shall keep a register of warrants and substitute checks and a record of electronic funds transfers presented for payment.

C. If the county treasurer does not invest in the presented warrant, substitute check or electronic funds transfer, the county treasurer shall notify the servicing bank that the warrant or substitute check will not be paid for lack of monies and from that time until there are sufficient monies to pay the original warrant, the original warrant may not bear more than ten percent interest per year.

D. For the purposes of this section:

1. "Substitute check" has the same meaning prescribed in section 9-249.

2. "Warrant" has the same meaning prescribed in section 9-249 and includes a record from which an electronic funds transfer may be made.

§ 11-636 Effect on interest after notice of readiness to pay unpaid warrants; notice requirements

A. If there are sufficient monies in the treasury to pay the warrants that have been returned and are drawing interest, the county treasurer shall give notice thereof by publication in a newspaper published in the county or by posting written notice at the courthouse door or on the county's website stating that the county treasurer is ready to pay the warrants. From the first publication or posting of the notice the warrants cease to draw interest.

B. In the notice published in a newspaper, the county treasurer shall not publish the warrants in detail, but shall give notice that only county warrants presented for payment before the date stated in the notice are payable. If only part of the warrants presented on the same day are payable, the county treasurer shall designate the payable warrants in the notice.

§ 11-637 Effect of priority of presentment on preference of payment

Warrants are entitled to preference of payment from monies applicable to the warrants according to priority of presentment.

§ 11-639 Redemption of unpaid warrants

As monies become available and are in amounts sufficient to justify redeeming unpaid warrants, the county treasurer shall redeem these unpaid warrants in the date order in which they were originally registered.

§ 11-640 Record of interest paid

If the county treasurer pays a warrant on which interest is due, the treasurer shall record the amount of interest paid. The amount of the interest shall be entered on the account separate from the principal.

§ 11-641 Monies illegally paid; liability; recovery

A. If a board of supervisors or a county or school district officer, employee or agent, without authority of law, orders or causes any public monies to be paid, the board or county or school district officer, employee or agent and the party in whose favor the order is made are jointly and severally liable for the monies with interest at the legal rate, and twenty percent additional on the principal amount. If the monies are paid on a claim presented by a member of the board, the supervisor presenting the claim and the board are jointly and severally liable for the monies with interest at the legal rate, and twenty percent additional on the principal amount.

B. A county or school district officer, employee or agent who is responsible for disbursing public monies pursuant to a warrant or other form of claim that does not originate from the officer, employee or agent making the disbursal may not be held liable under subsection A of this section for an illegal payment of public monies unless the county or school district officer, employee or agent responsible for disbursing public monies knew or should have known that a warrant or other claim would result in an illegal payment.

C. If an illegal payment of monies is made as described in subsection A of this section, the county attorney may institute an action in the name of the county, against the board of supervisors or county or school district officer, employee or agent, to enjoin the payment of the monies, or if paid, to recover the monies with interest at the legal rate, and twenty percent additional on the principal amount, to be paid into the county treasury to the credit of the fund from which the allowance was made.

D. The board of supervisors may not dismiss, compromise or in any way control such an action. A bond is not required of a county in the action, on an injunction or on an appeal.

§ 11-642 Action by taxpayer; recovery of monies illegally paid

A taxpayer of the county may request, in writing, the county attorney to institute an action pursuant to section 11-641. If the county attorney fails for twenty days after the written request to institute an action, any taxpayer of the county may bring the action in the taxpayer's own name and at the taxpayer's own cost, with the same effect as if brought by the county attorney, to recover public monies from the public body of the county that ordered or caused the illegal payment. The person instituting the action shall execute a bond with two or more sureties, made payable to the defendant and conditioned that if the plaintiff fails to prosecute the action with diligence and to effect, the plaintiff will pay all damages sustained by the defendant by reason of the action and all costs incurred in the action. If the taxpayer prevails in the action, the court shall allow the taxpayer costs and a reasonable attorney fee not to exceed forty percent of the amount recovered or saved to the county.

§ 11-643 Nonliability of dissenting supervisor

A supervisor may relieve himself from liability under sections 11-641 and 11-642 by dissenting from the order, and having his dissent entered on the minutes of the board at the time.

§ 11-644 Failure to present county check or warrant for payment

A. A check that is drawn by the county treasurer in the treasurer's official capacity or a warrant that is drawn on the county general fund and that is not presented for payment within one year after the date of issuance is void, is deemed to have been paid and is not subject to section 44-302. A check or warrant that is not presented for payment within one year has no further force or effect and any monies shall be transferred or revert to the county general fund or other appropriate fund.

B. At any time within one year after an unpresented check or warrant has been voided as provided in subsection A of this section, the person in whose favor the check or warrant was drawn, or the person's personal representative, successors or assignees, may present a claim for the amount of the check or warrant to the board of supervisors. If the board finds that the claim is legitimate and that there is good and sufficient reason for failure to present the original check or warrant, the board may allow the claim and order it to be paid from the county general fund or other appropriate fund.

§ 11-645 Warrants, substitute checks and electronic funds transfers unpaid for lack of monies; interest; notice; reissued warrants; definitions

A. Notwithstanding sections 11-635 and 11-636, this section applies to each county treasurer of a county in this state that has a population of two million or more persons.

B. If a revolving line of credit has not been obtained for a political subdivision or if the revolving line of credit has been spent and if there are insufficient monies in the issuer's account, the county treasurer may invest in the warrant, substitute check or electronic funds transfer prescribed in section 35-323, subsection A, paragraph 7. If the county treasurer does not invest in the presented warrant, substitute check or electronic funds transfer, the county treasurer shall notify the servicing bank that the warrant or substitute check will not be paid for lack of monies and from that time until there are sufficient monies to pay the original warrant, the original warrant may not bear more than ten percent interest per year. If a physical warrant is not presented to the county treasurer but the county treasurer receives an electronic notice that the warrant was issued, the treasurer shall notify the servicing bank that the warrant will not be paid for lack of monies, and from that time until there are sufficient monies to pay the original warrant, the original amount of the warrant may not bear more than ten percent interest per year.

C. The county treasurer shall keep a register of warrants and substitute checks presented for payment and a record of electronic funds transfers.

D. If there are sufficient monies in the treasury to pay the warrants drawing interest and registered pursuant to this section, the county treasurer shall notify the issuing entity of the availability of the monies. The monies shall be placed in a clearing fund or other appropriate fund that is agreed on by the county treasurer and district. The issuing entity shall issue new warrants that include the original principal amount and any accrued interest, and notify the county treasurer of the warrant numbers, amounts and payees.

E. If only part of the warrants presented on the same day are payable, the county treasurer shall designate the payable warrants and notify the issuing entity of the warrants to be paid and the warrants to be registered.

F. A warrant that is reissued pursuant to this section shall be processed pursuant to section 11-644.

G. For the purposes of this section:

1. "Substitute check" has the same meaning prescribed in section 9-249.

2. "Warrant" has the same meaning prescribed in section 9-249 and includes a record from which an electronic funds transfer may be made.

Article 2.1 Lease-Purchase Agreements

§ 11-651 Lease-purchase agreements; terms and conditions

The board of supervisors of a county may enter into agreements for the lease-purchase of equipment for a period in excess of one year under the following terms and conditions:

1. The lease-purchase agreement shall be executed for the period of one fiscal year only and, if a longer period is needed to complete purchase of the equipment, the board of supervisors shall have the right, at the end of each fiscal year, to enter into an agreement for continuation of the agreement for succeeding one-year periods until complete payment has been made.

2. If, at the end of the first one-year period and prior to payment of the total purchase price, the board of supervisors does not agree to a continuation of the lease-purchase agreement, the seller may repossess the equipment and the agreement shall be deemed terminated.

§ 11-652 Title to equipment

Title to the equipment which is the subject of a lease-purchase agreement made under the terms of this article shall be maintained in the seller until payment of the full purchase price has been made by the county.

§ 11-653 Cancellation of agreement

The board of supervisors may, at any time and by giving written notice to the seller, cancel any lease-purchase agreement made under the terms of this article.

Article 3 Auditing Provisions

§ 11-661 Posting of financial statements; budget; accepting audit results

A. The financial statements required to be filed with the auditor general pursuant to section 41-1279.07 must be posted in a prominent location on the official website of the county not later than seven business days after the date of filing the financial statements with the auditor general. The financial statements must be retained and accessible in a prominent location on the official website for at least sixty months. If the financial statements are not filed pursuant to section 41-1279.07, the form as prescribed by subsection B of this section shall be posted on the website of the county in place of the financial statements until the financial statements are filed.

B. If the financial statements for a county are not completed and filed as prescribed by section 41-1279.07 on or before the adoption of the county budget in the subsequent fiscal year, the board of supervisors must include a form, prescribed by the auditor general, in the published budget in the subsequent fiscal year pursuant to sections 42-17103 and 42-17105 stating that the financial statements required to be filed with the auditor general pursuant to section 41-1279.07 are pending, the reasons for the delay and the estimated date of completion.

C. If the board of supervisors of a county is required to complete the form as prescribed by subsection B of this section, the board of supervisors shall send a copy of the form to the auditor general, the speaker of the house of representatives and the president of the senate.

D. Within ninety days after completing an audit pursuant to this section, the board of supervisors shall require the auditor who performed the audit to present the audit results and any findings to the board in a regular meeting without the use of a consent agenda, and the board shall demonstrate compliance with section 41-1494.

§ 11-663 Annual statements to state treasurer

A. The board shall have prepared by the clerk, under its direction, prior to its regular January meeting, a statement in duplicate showing:

1. The indebtedness of the county, funded and floating, the amount of each class of indebtedness, the rate of interest borne by each class or any part thereof and the amount of money in the county treasury subject to payment of the indebtedness.

2. A concise description of all property owned by the county with an estimate of the value thereof.

3. The rate of taxation for county purposes, as shown by the last levy made by the board.

B. One of the statements shall be filed with the board at the opening of the January meeting, and the other forwarded immediately to the state treasurer, who shall include in his report to the governor a digest and synopsis, in tabular form, of the reports received by him naming therein the counties failing to make such reports.

§ 11-664 Suspension of county assessor or county treasurer; due process

A. The board of supervisors may suspend the county assessor or county treasurer for defalcation or neglect of duty. The board shall give notice to the affected officer including reasons for the suspension at least five calendar days before the meeting at which the matter is to be considered. If the action of the board is a unanimous vote of the entire board, the suspension shall be immediate. If the action of the board is not a unanimous vote of the entire board, the suspension shall not be effective until either ten days after the action of the board if no hearing is requested by the affected officer or the conclusion of a hearing if one is requested, and the board sustains its prior action.

B. Either prior to an action for a suspension of a county treasurer or county assessor or upon a request for hearing after an affirmative vote to suspend, the board of supervisors may request the county attorney to conduct an investigation. If an investigation is requested, the county attorney shall provide a written notice and report of findings, including a statement of charges, to the assessor or treasurer and the board.

C. If the board of supervisors votes to suspend the county assessor or county treasurer, the assessor or treasurer has the right to a hearing before the board upon filing a written request with the board within ten days after action by the board. The assessor or treasurer may be represented by counsel at the hearing. The board shall allow the assessor or treasurer, counsel, witnesses and members of the public to testify on the assessor's or treasurer's behalf. At the conclusion of the hearing the board may sustain or reverse its prior suspension. If the prior action has not become effective, the suspension shall become effective upon a majority vote of the board.

D. Upon the earlier of a unanimous vote of the entire board of supervisors, expiration of the time to request a hearing after an affirmative vote of a majority of the board or the affirmation of the suspension at the conclusion of the hearing, the board shall immediately appoint a person to fill the office. The appointed person shall immediately give bond and qualify as provided by law.

E. No suspension of the county assessor or county treasurer under this section shall be for a period of longer than one hundred twenty days unless within that period removal of the officer is sought pursuant to title 38, chapter 2, article 8. If removal of the suspended officer is not sought within the period of suspension, the suspended officer shall be reinstated. The person appointed by the board of supervisors shall provide an account of activities during the period of suspension and vacate the office.

§ 11-665 Vacancy in treasurer's office; duty of board

Upon the death or absconding of a county treasurer, the board shall follow the proceedings in regard to the monies and effects of his office, and the statement and inventory thereof, as provided in section 11-664, and shall retain possession until a successor of the treasurer is elected or appointed. Upon the qualifying of such treasurer, the monies, books and effects shall be delivered to him.

Article 4 Financial Assistance from the Water Infrastructure Finance Authority of Arizona

§ 11-671 Financing wastewater treatment facilities and nonpoint source projects; financial assistance loan repayment agreements; definition

A. Notwithstanding any other law, a county authorized to operate a sewage system pursuant to section 11-264 may construct or improve a wastewater treatment facility or nonpoint source project with monies borrowed from or financial assistance provided by the water infrastructure finance authority of Arizona.

B. To repay financial assistance from the water infrastructure finance authority of Arizona a county may enter into a financial assistance loan repayment agreement with the authority. A financial assistance loan repayment agreement is payable from any revenues otherwise authorized by law to be used to pay long-term obligations. If revenue from a property tax assessment is the designated source of repayment under the agreement, the property tax assessed and levied is a secondary property tax levy for purposes of article IX, Constitution of Arizona.

C. The county board of supervisors shall submit the question of entering and performing a financial assistance loan repayment agreement to the qualified electors voting at a regular or special general election in the county, except that if revenue from a secondary property tax levy is the designated source of repayment or if the project is constructed with an improvement district, the question shall be submitted to the qualified electors at an election held on the first Tuesday following the first Monday in November. Otherwise, an election is not required if voter approval has previously been obtained for substantially the same project with another funding source. If a majority of the qualified electors voting on the question:

1. Approves, the board of supervisors may execute, deliver and perform the financial assistance loan repayment agreement.

2. Disapproves, the board of supervisors shall not execute a financial assistance loan repayment agreement.

D. Payments made pursuant to a financial assistance loan repayment agreement are not subject to section 42-17106.

E. A financial assistance loan repayment agreement entered into pursuant to this section shall contain the covenants and conditions pertaining to the construction of a wastewater treatment facility or nonpoint source project and repayment of the loan as the water infrastructure finance authority of Arizona deems proper. Financial assistance loan repayment agreements may provide for the payment of interest on the unpaid principal balance of such agreement at the rates established in the agreement. The agreement may also provide for payment of the county's proportionate share of the expenses of administering the clean water revolving fund established by section 49-1221 and may provide that the county pay financing and loan administration fees approved by the water infrastructure finance authority. These costs may be included in the levy or assessment amounts pledged to repay the financial assistance. Counties are bound by and shall fully perform the loan repayment agreements, and the agreements are incontestable after the loan is funded by the water infrastructure finance authority of Arizona. The county shall also agree to pay the authority's costs in issuing bonds or otherwise borrowing to fund a loan.

F. A financial assistance loan repayment agreement under this section does not create a debt of the county, and the authority shall not require that payment of a financial assistance loan agreement be made from other than those sources permitted in subsection B of this section.

G. A county may employ attorneys, accountants, financial consultants and such other experts in their field as deemed necessary to perform services with respect to the financial assistance loan repayment agreement.

H. This section is supplemental and alternative to any other law under which a county may borrow money or issue bonds. This section shall not be construed as the exclusive authorization to enter into loan agreements with the authority.

I. A county may borrow additional monies or enter into additional financial assistance loan repayment agreements with the water infrastructure finance authority in an amount up to the amount approved by the voters pursuant to subsection C of this section less the amount that the county is already obligated to repay to the water infrastructure finance authority pursuant to a financial assistance loan repayment agreement.

J. For purposes of this section, "nonpoint source project" has the same meaning as prescribed in section 49-1201.

Article 5 County Judgment Bonds

§ 11-681 Definitions

In this article, unless the context otherwise requires:

1. "Board" means the county board of supervisors.

2. "Bond related expenses" means any expenses incurred by the county to issue and administer bonds issued under this article, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, credit enhancement fees, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telecommunications expenses and all other expenses considered necessary by the county board of supervisors in order to market and administer the bonds.

3. "Bonds" means the bonds issued pursuant to this article.

4. "County judgment purpose" includes the following purposes:

(a) The payment of obligations of the county resulting from a final court judgment against the county, court costs and attorney fees, including outside legal counsel retained by the county, but not costs incurred by the county attorney in connection with the judgment.

(b) The payment of bond related expenses.

§ 11-681.01 Authorization of county judgment bonds

A. The board of supervisors may issue negotiable bonds pursuant to this article in such principal amount as, in the opinion of the board is necessary to:

1. Provide sufficient monies for any county judgment purpose.

2. Pay necessary bond related expenses.

3. Establish and fully or partially fund any reserves or sinking accounts established by the bond resolution.

4. Issue refunding bonds if the board considers refunding to be expedient. The board may provide for investing and holding the proceeds of the refunding bonds in trust for the benefit of the holders of the bonds being refunded.

5. Refund any bonds issued pursuant to this article if the bonds are secured from the same source of revenues as the bonds authorized in this article by issuing new bonds, whether the bonds to be refunded have or have not matured.

6. Issue bonds partly to refund outstanding bonds and partly for any county judgment purpose consistent with this article.

B. The board shall authorize the bonds by resolution. The resolution shall prescribe:

1. The manner and method of sale.

2. The rate or rates of interest, which may be fixed or variable, the date or dates on which interest is payable and the denominations of the bonds.

3. The date or dates of the bonds and maturity.

4. The manner of executing the bonds.

5. The medium and place of payment.

6. The terms of redemption, which may provide for a premium for early redemption.

§ 11-681.02 Issuance and sale of bonds; notice

A. The board shall issue the bonds in the manner, method, number and amount provided in the resolution.

B. The board shall provide notice of its intention to issue bonds in a manner consistent with market practice.

C. The bonds may be sold by competitive bid, including an online bidding process, or by negotiated sale for public or private offering at the price and on the terms prescribed in the resolution. If bonds are sold through an online bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the bidding process. For the purposes of this subsection, "online bidding process" means a procurement process in which the board receives bids electronically over the internet in a real-time, competitive bidding event.

D. The net proceeds from the sale of the bonds shall be deposited in the bond proceeds fund established pursuant to section 11-681.03.

E. Title 35, chapter 3, article 7 applies to the board and to bonds issued under this article.

§ 11-681.03 Bond proceeds fund; debt service fund

A. If the county issues bonds under this article, the board shall establish a bond proceeds fund consisting of the net proceeds received from the sale of the bonds. The county may use monies in the bond proceeds fund only for county judgment purposes.

B. The board shall establish a debt service fund designated and dedicated for repayment of the bonds, bond related expenses and related expenses associated with redeeming the bonds, consisting of county excise tax revenues pursuant to section 42-6112 and any other excise tax revenues pledged by the county for that purpose. Monies in the debt service fund may be used only for the purposes authorized by this article. The board may segregate the debt service fund into any number of accounts or subaccounts considered necessary to secure bonds issued under this article.

C. The county treasurer shall administer and account for the bond proceeds fund and the debt service fund.

D. No monies derived from selling bonds under this article or pledged or assigned to or in trust for the benefit of the holder or holders of the bonds may be paid into, or commingled with monies in, the county general fund. The treasurer shall deposit all such monies in special accounts or in separate financial institutions that the board designates.

E. The monies in the bond proceeds fund and debt service fund shall be disbursed only as the board directs and according to the terms of any agreements with the holder or holders of the bonds.

F. This section does not limit the power of the board to agree in connection with the issuance of the bonds as to the custody and disposition of the monies received from selling bonds or from the county excise tax revenues pledged or assigned to or in trust for the benefit of the holder or holders of the bonds.

§ 11-681.04 Securing principal and interest

In connection with issuing bonds authorized by this article and to enhance the security of the bonds, the board by resolution may:

1. Segregate the debt service fund into one or more accounts and subaccounts.

2. Provide that the bonds issued under this article are secured by a first lien on the monies paid into the debt service fund and pledge and assign to or in trust for the benefit of the holder or holders of the bonds all or part of the monies in the debt service fund or an account or subaccount as necessary to secure and pay the principal, the interest and any premium on the bonds as they come due.

3. Establish priorities among bondholders based on criteria adopted by the board.

4. Set aside, regulate and dispose of reserves and sinking accounts.

5. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to and the manner in which the consent may be given.

6. Provide for payment of bond related expenses from the proceeds of the sale of the bonds or other revenues available to the board.

7. Provide for the services of trustees, cotrustees, agents, consultants and other specialized services with respect to the bonds.

8. Provide additional security for the bonds in the form of a line of credit, letter of credit, insurance policy or other security and:

(a) Pay the cost of the additional security from amounts produced from the bond issue or from other available sources.

(b) Enter into reimbursement obligations in connection with the additional security.

9. Refund any bonds issued pursuant to this article, if the new bonds are secured from the same source of revenues as the original bonds, by issuing new bonds, whether at or before maturity of the bonds being refunded.

10. Issue bonds partly to refund outstanding bonds and partly for any other purpose consistent with this article.

11. Take any other action that in any way may affect the security and protection of the bonds or interest on the bonds.

§ 11-681.05 Lien of pledge

A. Any pledge made under this article is valid and binding from the time when the pledge is made.

B. The monies pledged and received by the board to be placed in the debt service fund are immediately subject to the lien of the pledge without any future physical delivery or further act. Any lien of any pledge is valid and binding against all parties who have claims of any kind against the county, regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when adopted by the board, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place to perfect the pledge.

§ 11-681.06 Bond purchase; cancellation

The board may purchase bonds for cancellation, using any available monies, at a price not exceeding the following:

1. If the bonds are redeemable at the time of purchase, the applicable redemption price plus accrued interest to the next interest payment date.

2. If the bonds are not redeemable at the time of purchase, the applicable redemption price on the first date on which the bonds become subject to redemption plus accrued interest to that date.

§ 11-681.07 Payment of bonds

A. The bonds shall be paid solely from monies from the debt service fund.

B. The county treasurer shall cancel all bonds when paid.

§ 11-681.08 Use of surplus monies

A. If a balance remains in the bond proceeds fund after all county judgment purposes have been paid, the remaining balance shall be used to reduce the county primary property tax levy in the following year.

B. If a balance remains in the debt service fund after the retirement and payment of all bonds, interest and other charges related to bonds issued under this article, the remaining balance shall be used to reduce the county primary property tax levy in the following year.

§ 11-681.09 Investment of monies in the bond proceeds fund and the debt service fund

A. The board may authorize the county treasurer to invest monies in the bond proceeds fund in the manner prescribed by this section. The order directing an investment shall state a date on which the proceeds from the sale of the bonds will be needed for use, and the treasurer shall make the investment in such a way as to mature at the specified date. All monies earned as interest or otherwise derived from the investment of the monies in the bond proceeds fund shall be credited to the debt service fund.

B. The board may authorize the county treasurer to invest and reinvest any monies in the debt service fund as provided by this section. All monies earned as interest or otherwise derived from the investment of the monies in the debt service fund shall be credited to that fund.

C. The monies in either the bond proceeds fund or the debt service fund may be invested and reinvested in any of the following:

1. United States treasury obligations.

2. Consolidated farm loan bonds.

3. Obligations issued by the federal intermediate credit banks or by bonds for cooperatives on authority of the farm credit act of 1933.

4. Any other obligations guaranteed by the United States government.

5. Any investments that are authorized by any other agencies of the United States government and that are authorized to secure public deposits.

6. State and local government series United States treasury securities.

7. The pooled investment funds established by the state treasurer pursuant to section 35-326.

8. State, county or municipal bonds issued in this state and on which the payments of interest have not been deferred.

9. Investment agreements and repurchase agreements collateralized by investments described in paragraphs 1 through 5.

D. The board may place any restrictions on reinvestment yield on the bonds or on any monies pledged to pay the bonds if necessary to comply with federal income tax laws and regulations to gain any federal tax benefits available with respect to the bonds. Monies shall be invested under this section in a manner that avoids arbitrage penalties prescribed by federal law.

E. The purchase of the securities shall be made by the county treasurer on authority of a resolution of the board. The treasurer shall act as custodian of all securities purchased.

§ 11-681.10 Characteristics of bonds; negotiable; obligation; legal investments; exemption from taxation

A. Subject to any registration requirements, the bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.

C. Bonds issued under this article:

1. Are payable only according to their terms.

2. Are obligations of the county, and are not general, special or other obligations of this state.

3. Do not constitute a general obligation debt of this state or of the county.

4. Are not enforceable against this state or the county nor is payment of the bonds enforceable out of any monies other than the revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.

5. Are government obligation securities suitable for investment by:

(a) Public officers and bodies of this state and of counties, municipalities and other political subdivisions of this state.

(b) Insurance companies, associations and other persons carrying on an insurance business.

(c) Financial institutions, investment companies and other persons carrying on a banking business.

(d) Fiduciaries.

(e) All other persons who are authorized to invest in government obligations.

6. Are securities that may be deposited with public officers or bodies of this state and counties, municipalities and other political subdivisions of this state for purposes that require the deposit of government bonds or obligations.

§ 11-681.11 Effect of changing circumstances on bonds; agreement of state

A. Bonds issued under this article remain valid and binding obligations of the county notwithstanding that before the delivery of the bonds any of the persons whose signatures appear on the bonds cease to be officers of the county.

B. An amendment of any provision in this article does not diminish or impair the validity of bonds issued under this article or the remedies and rights of bondholders.

C. This state pledges to and agrees with the bondholders that this state will not limit, alter or impair the rights vested in the county to collect the monies, including county excise tax revenues under section 42-6112, or an equivalent source, necessary to produce sufficient revenue to fulfill the terms of any agreements made with the holders of the bonds, or in any way impair the rights and remedies of the bondholders, until all bonds issued under this article, together with interest on the bonds, interest on any unpaid installments of principal or interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged. The board may include this pledge and undertaking in its resolutions and indentures authorizing and securing its bonds.

§ 11-681.12 Validity of bonds; legal opinion

A. This article constitutes full authority for authorizing and issuing county judgment bonds without reference to any other law of this state. No other statute with regard to authorizing or issuing obligations or that in any way impedes or restricts performing the acts authorized by this article may be construed to apply to any proceedings taken or acts done pursuant to this article.

B. The board may submit bonds to be issued under this article to the county attorney or other legal counsel after all proceedings for authorizing the bonds have been completed. Within fifteen days after submission, the county attorney or counsel shall examine and pass on the validity of the bonds and the regularity of the proceedings. If counsel determines that the bonds and proceedings comply with this article, and if the bonds when delivered and paid for will constitute binding and legal obligations of the county, the county attorney or counsel shall render a legal opinion in substance that the bonds are issued according to the constitution and laws of this state.

C. The bonds shall recite that they are regularly issued pursuant to this article. That recital, together with the legal opinion under subsection B, constitutes prima facie evidence of the legality and validity of the bonds. From and after the sale and delivery of the bonds, they are incontestable by any party.

Chapter 5 County Authorities

Article 1 County Sports Authority

§ 11-701 Formation of authority

A. The board of supervisors of a county may establish a county sports authority to include the incorporated and unincorporated areas of the county. To establish the authority the board of supervisors shall adopt a resolution stating:

1. The name of the proposed authority.

2. The boundaries of the proposed authority, which shall be coterminous with the boundaries of the county.

3. The necessity for the authority, including a statement that the public interest, convenience and necessity will be promoted by establishing the authority.

4. A general statement of the sports facilities and the services to be provided by the authority.

5. Such other matters as the board deems necessary.

B. The resolution shall set a date for a hearing on the resolution, not less than twenty-one nor more than forty days from the date of the resolution. The notice of the hearing shall contain substantially all the information contained in the resolution and shall be published once each week for at least three consecutive weeks before the hearing in a newspaper of general circulation in the county. The board shall meet at the time and place fixed for the hearing. At the hearing the board shall hear all persons who wish to appear in favor of or against establishing the authority.

C. If, after the hearing, it appears to the board that the public interest, convenience and necessity will be served by establishing the authority the board shall declare its findings and order the formation of the authority under the designated corporate name. The board shall file a certified copy of the proceedings with the county recorder.

D. A party aggrieved by the action of the board under this section may bring an action in the superior court in the county in which the authority is located to set aside the action of the board. The action must be instituted not more than thirty-five days after entry of the order forming the authority.

E. The board of supervisors may pay the necessary costs incurred in connection with the formation of the authority from any monies available for that purpose.

F. If established, the authority is a body corporate with the powers and immunities of a municipal corporation for the purposes of implementing this chapter, including exemption of its property and bonds from taxation.

§ 11-702 Board of directors; conflict of interest prohibited; violation; classification; powers and duties

A. The authority shall be governed by a board of directors consisting of fifteen members. In counties having a population of over one million five hundred thousand persons according to the most recent United States decennial census, the board of supervisors shall appoint five members, the president of a state university within the county shall appoint one member and the mayors of the seven most populous cities in that county shall each appoint one member, except that the mayor of the most populous city shall appoint three members. In counties having a population of one million five hundred thousand persons or less according to the most recent United States decennial census, the board of supervisors shall appoint the fifteen members. Directors must be qualified electors of the county. In counties having a population of one million five hundred thousand persons or less according to the most recent United States decennial census, the board of supervisors shall appoint eight members of the initial board of directors to terms of two years and seven members to terms of four years. In counties having a population of over one million five hundred thousand persons according to the most recent United States decennial census, the board of supervisors shall appoint five members of the initial board of directors to terms of four years, the mayor of the most populous city shall appoint three members of the initial board of directors to terms of four years, the president of a state university within the county shall appoint one member of the initial board of directors to a term of two years and the remainder of the appointing cities shall appoint one member of the initial board to a term of two years. All subsequent members shall be appointed to terms of four years. A director may not be appointed to more than two consecutive terms.

B. Members of the board of directors shall not have any direct or indirect financial interest in, or be employed in any capacity by, an entity with which the authority has a contractual or lessor-lessee relationship other than the Arizona board of regents or an institution under the jurisdiction of the board of regents. A violation of this section is a class 1 misdemeanor.

C. The board of directors may on behalf of the authority:

1. Adopt and use a corporate seal.

2. Sue and be sued.

3. Enter into contracts, including intergovernmental agreements under chapter 7, article 3 of this title as necessary to carry out the purposes and requirements of this chapter.

4. Adopt administrative rules as necessary to administer and operate the authority and any facility under its jurisdiction.

5. Employ an executive director and administrative and clerical employees and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the authority.

6. Acquire by any lawful means, except by eminent domain, and operate, maintain, encumber and dispose of real and personal property and interests in property.

7. Administer trusts declared or established for the authority, receive and hold in trust or otherwise property located in or out of this state and, if not otherwise provided, dispose of the property for the benefit of the authority.

8. Promote events in the public interest that are approved and listed in the budget under section 11-705, subsection A, paragraph 3, subdivision (d).

9. Accept gifts.

D. The board of directors shall:

1. Appoint from among its members a chairman, secretary and treasurer and such other officers as may be necessary to conduct its business.

2. Keep and maintain a complete and accurate record of all of its proceedings. All proceedings and records of the board shall be open to the public as required by title 38, chapter 3, article 3.1 and title 39, chapter 1.

3. Actively promote the use of the authority's property and lease or sublease the property for professional and amateur sports events and for other suitable activities for the benefit of the public.

4. Provide for the maintenance and operation of the properties, facilities, franchises and interests controlled by the authority.

§ 11-703 Using university property

The board of directors may enter into one or more intergovernmental agreements pursuant to chapter 7, article 3 of this title with the Arizona board of regents or with any institution under its jurisdiction in the county to lease university real or personal property. Any such lease may authorize the authority to sublease the property for any activity suited to the property, including sporting events. In addition, the board of directors, pursuant to section 11-702, subsection C, paragraph 6, may acquire ownership of or an ownership interest in any such property. Subject to the provisions of title 4, the board of directors may permit and regulate the sale, use and consumption of alcoholic beverages at events held on property acquired, leased or subleased under this section.

§ 11-704 County sports authority fund

A. The authority treasurer shall maintain a county sports authority fund consisting of all monies received by the authority, including:

1. Payments received from leasing, subleasing or renting facilities.

2. Revenues received by the authority from admissions and concessions and other proceeds from events held at facilities leased by the authority.

3. Monies received from issuing and selling bonds under article 2 of this chapter.

4. Interest and other income received from investing monies in the fund.

5. Gifts, grants and donations received for that purpose from any private source.

B. Monies in the fund may be used only for the following purposes:

1. Ordinary and necessary administration and operation expenses of the authority, including:

(a) Reasonable salaries and employee related expenses of employees of the authority.

(b) Reasonable reimbursement of expenses of members of the board of directors.

2. Making all payments required under any lease or sublease of facilities by the authority.

3. Repaying and redeeming bonds issued by the authority, including interest and redemption charges.

4. Academic scholarships, established by the board of directors at the end of the fiscal year, to any college or university under the jurisdiction of the Arizona community college board or the Arizona board of regents. These scholarships shall be funded from unexpended and unencumbered monies remaining in the fund at the end of the fiscal year which are not otherwise required as reserves.

C. The treasurer of the authority may invest any unexpended monies in the fund as provided in title 35, chapter 2, including in the local government investment pool, if authorized by the state treasurer. Interest and other income from investments shall be credited to the fund. The treasurer of the authority shall invest the monies so as to mature at the times when the fund assets will be required for the purposes of this article. If the liquid assets in the fund become insufficient to meet the authority's obligations, the board of directors shall direct the treasurer of the authority to liquidate sufficient securities to meet all of the current obligations and immediately notify the board of supervisors, the attorney general and the auditor general of the insufficiency, and the attorney general and auditor general shall investigate and audit the circumstances surrounding the depletion of the fund and report their findings to the board of supervisors.

D. The board of directors shall cause an annual audit to be conducted of the fund by an independent certified public accountant within thirty days after the end of the fiscal year. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as he deems necessary, but if he takes no official action within thirty days after the audit is filed, the audit is deemed sufficient. The board of directors shall pay all fees and costs of the certified public accountant and auditor general under this subsection from the fund.

§ 11-705 Annual budget

A. Not later than June 30 each year the board of directors shall hold a public hearing to adopt and submit to the board of supervisors a budget for the following fiscal year which shall include:

1. Receipts during the past fiscal year.

2. Expenditures during the past fiscal year.

3. Estimates of amounts necessary for administration and operation expenses during the following fiscal year including amounts proposed for:

(a) Recurring items of expense.

(b) Capital items.

(c) Unanticipated contingencies and emergencies.

(d) Events to be promoted by the authority in the following fiscal year.

4. Anticipated revenue to the authority in the following fiscal year.

5. A complete asset and liability statement.

6. A statement of profit or loss from operations.

7. Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.

8. An itemized statement of commitments, reserves and anticipated obligations for the following fiscal year.

9. The amount budgeted for scholarships.

B. The budget may be amended during the year to account for unanticipated revenues received after the budget is adopted.

§ 11-706 Termination of the authority

The board of supervisors may terminate an authority established under this chapter if it determines that the authority is no longer in the public interest, convenience or necessity. The termination procedures are the same as prescribed in section 11-701 for establishing the authority. The termination is effective from and after the following June 30. On termination the county assumes all outstanding liabilities and obligations and acquires all assets of the authority.

Article 2 Authority Bonds

§ 11-721 County sports authority bonds

A. The authority, through the board of directors, may issue negotiable county sports authority bonds in a principal amount as in its opinion is necessary to provide sufficient monies for its activities under section 11-702, maintaining sufficient reserves in the county sports authority fund to secure the bonds, to pay the necessary costs of issuing, selling and redeeming the bonds and to pay the other expenditures of the authority incidental to and necessary and convenient to carry out the purposes of this chapter.

B. The board must authorize the bonds by resolution. The resolution shall prescribe:

1. The rate or rates of interest and the denominations of the bonds.

2. The date or dates of the bonds and maturity, not exceeding twenty years from their respective dates.

3. The coupon or registered form of the bonds.

4. The manner of executing the bonds.

5. The medium and place of payment.

6. The terms of redemption.

C. The bonds shall be sold at public or private sale at the price and on the terms determined by the board.

D. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a newspaper of general circulation in the county. The last day of publication must be at least ten days before issuing the bonds. The notice shall state the amount of the bonds to be sold and the intended date of issuance. A copy of the notice shall be hand delivered or sent, by certified mail, return receipt requested, to the clerk of the board of supervisors on or before the last day of publication.

E. In order to secure the principal and interest on the bonds the board may by resolution:

1. Provide that bonds issued under this section shall be secured by a first lien on all or part of the monies paid into the county sports authority fund.

2. Pledge or assign to or in trust for the benefit of the holder or holders of the bonds any part of the county sports authority fund monies as is necessary to pay the principal and interest of the bonds as they come due.

3. Set aside, regulate and dispose of reserves and sinking funds.

4. Provide that sufficient amounts of the proceeds from the sale of the bonds may be used to fully or partly fund any reserves or sinking funds set up by the bond resolution.

5. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to and the manner in which consent may be given.

6. Provide for payment from the proceeds of the sale of the bonds of all legal and financial expenses incurred by the board in the issuance, sale, delivery and payment of the bonds.

7. Do any other matters which in any way may affect the security and protection of the bonds.

F. Any pledge made under this article is valid and binding from the time when the pledge is made. The monies so pledged and received by the treasurer of the authority to be placed in the county sports authority fund are immediately subject to the lien of the pledge without any future physical delivery or further act, and any such lien of any pledge is valid or binding against all parties having claims of any kind in tort, contract or otherwise against the board irrespective of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when placed in the board's records, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place.

G. Neither the members of the board of directors nor any person executing the bonds is personally liable for the payment of the bonds. The bonds are valid and binding obligations notwithstanding that before the delivery of the bonds any of the persons whose signatures appear on the bonds cease to be members of the board. From and after the sale and delivery of the bonds, they are incontestable by the board.

H. The board, out of any available monies, may purchase bonds, which may thereupon be canceled, at a price not exceeding either of the following:

1. If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date.

2. If the bonds are not then redeemable, the redemption price applicable on the first date after purchase on which the bonds become subject to redemption plus accrued interest to such date.

§ 11-722 Bond obligations of the authority

Bonds issued under this article are obligations of the county sports authority, are payable only according to their terms and are not obligations general, special or otherwise of this state or the county. The bonds do not constitute a legal debt of this state or the county and are not enforceable against this state or the county. Payment of the bonds is not enforceable out of any monies other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.

§ 11-723 Certification of bonds by county attorney

The board shall submit any bonds issued under this article to the county attorney after all proceedings for their authorization have been completed. On submission the county attorney shall examine and pass on the validity of the bonds and the regularity of the proceedings. If the proceedings comply with this article, and if he determines that, when delivered and paid for, the bonds will constitute binding and legal obligations of the board, the county attorney shall certify on the back of each bond, in substance, that it is issued according to the constitution and laws of this state.

§ 11-724 County sports authority bonds as legal investments

County sports authority bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in obligations of the county may properly and legally invest. The bonds are also securities which may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes which require the deposit of state or county bonds or obligations.

Article 3 Municipal Jurisdiction

§ 11-731 Limitation on powers and duties of a county sports authority

A. All jurisdiction, powers, duties and authority of all cities located within any county which establishes a county sports authority pursuant to section 11-701 shall continue in full force and effect and shall remain unchanged and undiminished by virtue of the creation of the county sports authority.

B. To the extent any conflict exists between the jurisdiction, power, duties and authority of a county sports authority and any city located within the county which established such county sports authority pursuant to section 11-701, the jurisdiction, powers, duties and authority of such city shall prevail, control and be superior.

Chapter 6 County Planning and Zoning

Article 1 County Planning

§ 11-801 Definitions

In this chapter, unless the context otherwise requires:

1. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand.

2. "Area of jurisdiction" means that part of the county outside the corporate limits of any municipality.

3. "Board" means the board of supervisors.

4. "Commission" means the county planning and zoning commission.

5. "Indian reservation" means all lands that are held in trust by the United States for the exclusive use and occupancy of Indian tribes by treaty, law or executive order and that are currently recognized as Indian reservations by the United States department of the interior.

6. "Inspector" means the county zoning inspector.

7. "Newspaper of general circulation in the county seat" means a daily or weekly newspaper if any is published in the county seat.

8. "Rezoning" means a change in the zoning ordinance changing the zoning district boundaries within an area previously zoned.

9. "Zoning district" means any portion of a county in which the same set of zoning regulations applies.

10. "Zoning ordinance" means an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective.

11. "Zoning regulations" means provisions that govern the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and such other matters as may otherwise be authorized under this chapter and that the board deems suitable and proper.

12. "Zoning regulations amendment" means a change in the zoning ordinance that modifies, adds to, transfers or repeals one or more zoning regulations or that adds one or more zoning regulations.

§ 11-802 County planning and zoning commissions

A. The board of supervisors of a county, in order to conserve and promote the public health, safety, convenience and general welfare and pursuant to this chapter, shall plan and provide for the future growth and improvement of its area of jurisdiction, coordinate all public improvements pursuant to the plan, form a planning and zoning commission to consult with and advise it regarding matters of planning, zoning and subdivision platting and, in the manner provided in this chapter, adopt and enforce those rules, regulations, ordinances and plans as may apply to the development of its area of jurisdiction.

B. The commission shall act in an advisory capacity to the board and may or, if requested by the board, shall make a report or recommendation in connection with any matter relating to the development of the county under the jurisdiction of the board. The commission shall make those investigations, maps, reports and recommendations in connection with those investigations, maps and reports as seem desirable within the limits of the monies available.

C. In the counties having three supervisorial districts, each county planning and zoning commission shall consist of nine members who shall be qualified electors of the county. Three members shall be appointed from each supervisorial district by the supervisor from that district, and not more than one of the three may be a resident of an incorporated municipality. Members of the commission shall serve without compensation except for reasonable travel expenses.

D. Except as provided in subsection E of this section, in the counties having five supervisorial districts, each county planning and zoning commission shall consist of ten members who shall be qualified electors of the county. Two members shall be appointed from each supervisorial district by the supervisor from that district. Members shall be residents of the district from which they are appointed. Members of the commission shall serve without compensation except for reasonable travel expenses.

E. If any supervisorial district is at least ninety per cent Indian reservation and at least ninety per cent of the district is not subject to county zoning regulations, the supervisor from the district may appoint some or all of the members to the commission from any supervisorial district in the county if there is no appointee who is willing to serve within the supervisorial district. These appointments are subject to the limitations on residency required by subsections C and D of this section. Members appointed to the commission pursuant to this subsection require the approval of the board.

F. In counties with a population of less than one hundred seventy-nine thousand persons, an alternate member may be appointed by the appointing supervisor for each commission member appointed pursuant to subsections C, D and E of this section to serve in the absence of that member. Alternate members may be appointed from any supervisorial district in the county. During any meeting of the commission, if the regularly appointed member becomes available, the alternate member shall conclude any action on the agenda item under consideration and the regularly appointed member shall be seated for the remaining items.

G. The terms of the members of the commissions shall be for four years except for those initially appointed. Of those members initially appointed pursuant to subsection C of this section, five members shall be appointed to a two year term and four members shall be appointed to a four year term. Of those members initially appointed pursuant to subsection D of this section, five members shall be appointed to a two year term and five members shall be appointed to a four year term. Thereafter, each term shall be four years. If a vacancy occurs otherwise than by expiration of term, the vacancy shall be filled by appointment for the unexpired portion of the term. The board may remove members of the commission for cause.

H. On a conversion from three to five supervisorial districts pursuant to section 11-212, the board of supervisors, on expiration of the terms of members of the commission serving on the date of the conversion, shall make those appointments to fill the vacancies to conform to subsection D of this section as soon as is practicable.

I. The county assessor, county engineer, county health officer and county attorney shall serve in an advisory capacity to the commission and to the boards of adjustment.

J. The commission shall:

1. Elect a chairperson from among its members for a term of one year and those other officers as it determines.

2. By resolution fix the time and place within the district of regular meetings, hold at least one regular meeting each month when there is new official business to transact and hold additional meetings as the chairperson or a majority of the commission deems necessary.

3. Adopt rules for the transaction of business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record and be open to public inspection.

4. Transmit all of its recommendations, decisions, findings, reports and official actions, regardless of vote, to the board of supervisors.

K. A majority of the commission constitutes a quorum for the transaction of business and a majority vote of the quorum is required for any official action.

§ 11-803 Consultants; employees; use of services by city or town

A. The board may contract with consultants for services as may be required, employ those persons and provide monies as it deems necessary to carry on the work of the commission and the enforcement of this chapter.

B. If a consultant or employees, or both, are provided to carry on county planning work as prescribed in this chapter, the regularly appointed planning and zoning commission of an incorporated city or town within the county may request the services of the consultant or employees, or both, for consultation and advice, including the preparation or review of comprehensive plans, zoning ordinances and subdivision regulations within the boundaries of the incorporated city or town. The board, if it deems it proper after consultation with the commission, may make those services available as mutually agreed to by the board, commission and the affected city or town.

§ 11-804 Comprehensive plan; contents

A. The commission shall formulate and the board of supervisors shall adopt or readopt a long-term comprehensive plan for the development of the area of jurisdiction in the manner prescribed by this article. The comprehensive plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the area of jurisdiction. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction pursuant to the present and future needs of the county. The comprehensive plan shall be developed so as to conserve the natural resources of the county, to ensure efficient expenditure of public monies and to promote the health, safety, convenience and general welfare of the public. The comprehensive plan may include studies and recommendations relative to the location, character and extent of highways, railroads, bus and other transportation routes, bicycle facilities, bridges, public buildings, public services, schools, parks, open space, housing quality, variety and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas, dams, projects affecting conservation of natural resources, air quality, water quality and floodplain zoning. In the preparation of the comprehensive plan, the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The comprehensive plan shall be a public record, but its purpose and effect shall be primarily as an aid to the county planning and zoning commission and to the board of supervisors in the performance of their duties. The comprehensive plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan.

B. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than one hundred twenty-five thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:

1. Planning for land use that designates the proposed general distribution and location and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land appropriate to the county. The land use plan shall include:

(a) A statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(b) Specific programs and policies that the county may use to promote compact form development activity and locations where those development patterns should be encouraged.

(c) Consideration of air quality and access to incident solar energy for all general categories of land use.

(d) Policies that address maintaining a broad variety of land uses, including the range of uses existing in the county at the time the plan is adopted, readopted or amended.

(e) Currently identified sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision does not affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.

2. Planning for circulation consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use plan under paragraph 1 of this subsection.

3. Planning for water resources that addresses:

(a) The known legally and physically available surface water, groundwater and effluent supplies.

(b) The demand for water that will result from future growth projected in the comprehensive plan, added to existing uses.

(c) An analysis of how the demand for water that will result from future growth projected in the comprehensive plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.

4. Planning for energy use that:

(a) Encourages and provides incentives for efficient use of energy.

(b) Identifies policies and practices for greater use of renewable energy.

C. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than two hundred thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:

1. Planning for open space acquisition and preservation. The open space plan shall include:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plan.

2. Planning for growth areas, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. The mixed use planning shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the comprehensive plan. The policies and strategies to be developed under this element shall be designed to have countywide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the county will use to require development to pay its fair share toward the cost of additional public facility needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees and facility construction, dedications and privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the county under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the county to provide additional necessary public facilities to the development and otherwise are imposed pursuant to law.

D. The water resources element of the comprehensive plan does not require:

1. New independent hydrogeologic studies.

2. The county to be a water service provider.

E. In applying an open space element or a growth element of a comprehensive plan, a county shall not designate private or state land as open space, recreation, conservation or agriculture unless the county receives the written consent of the landowner or provides an alternative, economically viable designation in the comprehensive plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. Each county shall incorporate this subsection into its comprehensive plan and provide a process for a landowner to resolve discrepancies relating to this subsection.

F. The policies and strategies to be developed under these elements shall be designed to have regional applicability.

G. For counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the commission shall also consider military airport or ancillary military facility operations and shall identify the boundaries of any high noise or accident potential zone as defined in section 28-8461 in its comprehensive plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.

H. For a county that contains any portion of the influence area of a military installation or range or Arizona national guard site, the commission shall also consider respective installation, range or site operations and shall identify the influence area boundaries in its comprehensive plan for the purposes of planning land uses in the influence area that are compatible with the operation of the installation, range or site. For the purposes of this subsection, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 11-818.01.

§ 11-805 Comprehensive plan adoption; notice; hearing; amendment; expiration; readoption

A. The board shall adopt a comprehensive plan and subsequently amend or extend the adopted plan as provided by this article. On adoption or readoption, the plan, or any part of the plan, shall be the official guide for the development of the area of jurisdiction. Any change, amendment, extension or addition of the comprehensive plan may be made only pursuant to this chapter.

B. The board of supervisors shall:

1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of the comprehensive plan from all geographic, ethnic and economic areas of the county. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(c) Public hearings after effective notice.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with, advise and provide an opportunity for official comment by public officials and agencies, municipalities, school districts, associations of governments, public land management agencies, the military airport if the county's area of jurisdiction includes territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, a military installation or range or Arizona national guard site as defined in section 11-818.01, if applicable, other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure the maximum coordination of plans and to indicate properly located sites for all public purposes on the plan.

C. The commission shall confer with the state land department and the governing bodies and planning commissions of cities and towns in the county for the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county, of zoning districts, of urban growth and of public improvements and utilities that do not begin and terminate within the boundaries of any single city or town and that will, pursuant to the present and future needs of the county, best promote with efficiency and economy the health, safety, morals, order, convenience or general welfare of the public.

D. The commission shall coordinate the production of the comprehensive plan with the creation of the conceptual state land use plans under title 37, chapter 2, article 5.1. The commission shall cooperate with the state land department regarding integrating the conceptual state land use plans into the comprehensive plan.

E. The commission may formulate and draft the comprehensive plan as a whole, or as separate parts of the plan corresponding with functional divisions of the subject matter, and, subject to the limitations of this chapter, may amend, extend or add to the comprehensive plan.

F. At least sixty days before the comprehensive plan or an element or major amendment of a comprehensive plan is noticed pursuant to subsection G of this section, the commission shall transmit the proposal to the board of supervisors and submit a copy for review and further comment to:

1. Each municipality in the county.

2. Each other county that is contiguous to the county.

3. The regional planning agency in the county.

4. The Arizona commerce authority or any other state agency that is subsequently designated as the general planning agency for this state.

5. The department of water resources for review and comment on the water resources element, if a water resources element is required.

6. If the comprehensive plan or an element or amendment of the comprehensive plan is applicable to territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the military airport.

7. If the comprehensive plan or an element or major amendment of the comprehensive plan is applicable to property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the attorney general. For the purposes of this paragraph, "major amendment" means a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county.

8. Any person or entity that requests in writing to receive a review copy of the proposal.

G. After considering any recommendations from the review required under subsection F of this section, the commission shall hold at least one public hearing. Notice of the time and place of a hearing and availability of studies and summaries related to the hearing shall be given at least fifteen and not more than thirty calendar days before the hearing by:

1. Publication at least once in a newspaper of general circulation in the county seat.

2. Publication at least once in a newspaper of general circulation in the area to be affected, or adjacent to the area to be affected, if the area affected is other than the county seat.

3. Such other manner in addition to publication as the county may deem necessary or desirable.

H. After the commission recommends the comprehensive plan or any section of the plan, the plan shall be submitted to the board of supervisors for its consideration and official action.

I. Before the adoption, amendment or extension of the plan, the board shall hold at least one public hearing on the plan. After the board considers the commission's recommendation and any recommendations from the review required under subsection F of this section, the board shall hold at least one public hearing at which residents of the county shall be heard concerning the matters contained in the plan. At least fifteen days' notice of the hearing shall be given by one publication in a newspaper of general circulation in the county seat. The board shall consider protests and objections to the plan and may change or alter any portion of the comprehensive plan. However, before any change is made, that portion of the plan proposed to be changed shall be re-referred to the commission for its recommendation, which may be accepted or rejected by the board.

J. The board of supervisors may adopt the county comprehensive plan as a whole or by successive actions adopt separate parts of the plan. The adoption or readoption of the comprehensive plan or any amendment to the plan shall be by resolution of the board. The adoption or readoption of, or a major amendment to, the county comprehensive plan shall be approved by the affirmative vote of at least two-thirds of the members of the board. All major amendments proposed for adoption to the comprehensive plan by the board shall be presented at a single public hearing during the calendar year the proposal is made. The adoption or readoption of the comprehensive plan, and any major amendment to the comprehensive plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article IV, part 1, section 1, subsection (8), Constitution of Arizona, and title 19, chapter 1, article 4. For the purposes of this section, "major amendment" means a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county. The county's comprehensive plan shall define the criteria to determine if a proposed amendment to the comprehensive plan effects a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county.

K. If the county's area of jurisdiction includes property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the board shall send notice of the approval, adoption or readoption of the comprehensive plan or major amendment to the comprehensive plan to the attorney general by certified mail, return receipt requested, within three business days after the approval, adoption or readoption. If the attorney general determines the approval, adoption or readoption of the comprehensive plan or major amendment to the comprehensive plan is not in compliance with section 28-8481, subsection J, the attorney general shall notify the county by certified mail, return receipt requested, of the determination of noncompliance. The board shall receive the notice from the attorney general within twenty-five days after the notice from the board to the attorney general is mailed pursuant to this subsection. The effective date of any approval, adoption or readoption of, or major amendment to, the comprehensive plan shall be thirty days after the board's receipt of the attorney general's determination of noncompliance. Within thirty days after the receipt of a determination of noncompliance by the attorney general as prescribed by this section, the board shall reconsider any approval, adoption or readoption of, or major amendment to, the comprehensive plan that impacts property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461. If the board reaffirms a prior action subject to an attorney general's determination of noncompliance pursuant to this section, the attorney general may institute a civil action pursuant to section 28-8481, subsection L. If the board timely sends notice pursuant to this subsection and the attorney general fails to timely notify the board of a determination of noncompliance, the comprehensive plan or major amendment to the comprehensive plan is deemed to comply with section 28-8481, subsection J. For the purposes of this subsection "major amendment" has the same meaning prescribed in subsection J of this section.

L. If the motion to adopt or readopt the plan or an amendment to the plan fails to pass, the board may reconsider the motion in any manner allowed by the board's rules of procedure, but any subsequent motion for the adoption or readoption of the plan or a major amendment to the plan must be approved by an affirmative vote of at least two-thirds of the members of the board. If the board fails to adopt or readopt the plan, the current plan remains in effect until a new plan is adopted. The board shall either reconsider the proposed plan or consider a revised plan within one year and shall continue to do so until one is adopted. All subsequent considerations of a new or revised plan must comply with the procedures prescribed by this article.

M. A county comprehensive plan, with any amendments, is effective for up to ten years after the date the plan was initially adopted or until the plan is readopted or a new plan is adopted pursuant to this subsection and becomes effective. On or before the tenth anniversary of the plan's most recent adoption, the board shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new comprehensive plan as provided by this article.

N. A person, after having participated in the public hearing pursuant to subsection I of this section, may file a petition for special action in superior court to review the board of supervisor's decision that does not comply with the mandatory requirement prescribed in section 11-804, subsection B, paragraph 1, subdivision (e) within thirty days after the board has rendered its decision. The court may affirm, reverse or remand to the board of supervisors, in whole or in part, the decision reviewed for further action that is necessary to comply with the mandatory requirements prescribed in section 11-804, subsection B, paragraph 1, subdivision (e).

§ 11-806 Rural planning areas; rural planning zones; formation

A. In counties with a population of less than five hundred thousand persons, the board of supervisors shall receive petitions to form a rural planning area that are signed by persons who own real property in any specific portion of the county outside the corporate boundaries of any cities and towns. Owners of a majority of the acres of real property in the proposed planning area must sign the petition. Participation in the rural planning area is voluntary, and any person may withdraw real property owned by the person from the planning area. The board of supervisors shall encourage voluntary participation in the planning area and shall aid the planning areas in providing a sound factual and policy basis for planning. The recommendations of rural planning areas shall emphasize voluntary, nonregulatory incentives for compliance and accommodation of continuing traditional rural and agricultural enterprises. Rural planning areas shall transmit their recommendations to the board of supervisors for its consideration for inclusion in the county comprehensive plan.

B. In any county with a population of less than five hundred thousand persons, any cities and towns and the county sharing a multijurisdictional area with a combined population of more than fifty thousand but less than one hundred thousand persons, according to the most recent office of economic opportunity estimates, may voluntarily form rural planning zones to develop coordinated and comprehensive regional plans.

§ 11-807 Specific zoning plans; adoption; administration; contents

A. The board or commission of a county with a population of less than two million persons may prepare specific zoning plans for designated parcels of land, which shall include a text and maps of a land use plan and specific zoning, sign, street and other regulations for implementation of the county master plans. All property owners within the boundaries of the specific zoning plan shall give written consent before the plan may be established. A specific zoning plan shall not be adopted if it creates an area that is not within the plan but is completely surrounded by the plan boundaries.

B. A specific zoning plan may be adopted or amended after notice and hearings before the commission and board as provided in section 11-813. If the board adopts a specific zoning plan, it shall establish administrative rules and procedures for the application and enforcement of the plan and may assign or delegate administrative functions, powers and duties for the plan to county officers and officials.

C. A specific zoning plan shall include text, maps and illustrations specifying all of the following:

1. The distribution, location and extent of land uses, including open space.

2. The distribution, location, extent and intensity of major components of public and private transportation, sewage and solid waste disposal, drainage and other facilities necessary to provide for the land uses described in the specific zoning plan.

3. Standards by which development shall proceed and, if applicable, requirements for conservation, development and utilization of natural resources.

4. A statement of whether the specific zoning plan is consistent with the comprehensive plan required by section 11-804.

5. Any other matters necessary or desirable for implementation of the specific zoning plan.

D. All specific zoning plans adopted under this article shall be consistent with and conform to the adopted comprehensive plan.

§ 11-808 Infrastructure service area boundaries; notice; hearing; adoption

A. The county planning and zoning commission may prepare a plan and provide regulations determining the location of infrastructure service area boundaries consistent with the growth area element of the comprehensive plan beyond which the county may limit or prescribe conditions on publicly financed extensions of water, sewer and street improvements. The plan and regulations shall consider all elements of the comprehensive plan, including the circulation and public facilities elements. For the purposes of this subsection, publicly financed does not include special taxing district financing other than municipal or county improvement district revenues or bonds. The regulations shall also include components that:

1. Assign or delegate administrative functions, powers and duties to county officers and employees.

2. Identify the procedure for determining the initial infrastructure service area boundaries.

3. Identify the methodology and procedures for adjusting the infrastructure service area boundaries.

B. Before recommending the plan and regulations, or any part, amendment, extension or addition, to the board of supervisors, the commission shall hold at least one public hearing on the service area boundaries, after giving at least fifteen days' notice by publication in a newspaper of general circulation in the county seat and in a newspaper of general circulation in the area to be affected, if that area is other than the county seat.

C. The board of supervisors shall adopt any such plan and regulations and amendments by resolution.

§ 11-809 Public works project planning; utility input; definitions

A. A county in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the county believes may be impacted by the public works project for the purposes of:

1. Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project.

2. Minimizing subsequent reconstruction or modification of utility facilities after completion of the public works project.

B. In addition to the requirements of subsection A of this section, a county shall annually post on its website a capital improvement plan containing all public works projects scheduled to be constructed. A utility may also request that the county annually provide a copy of a county's capital improvement plan and provide notice of any new projects not included in the plan or changes that advance the start date of any projects already in the plan. The utility shall designate the utility representative to receive the plan and any notice of changes that would add new projects or advance the start date of any projects already in the plan.

C. For the purposes of this section:

1. "Public works project" has the same meaning prescribed in section 12-1141.

2. "Utility" has the same meaning prescribed in section 48-5107.

§ 11-810 Requirement of planned community prohibited

A. A county planning and zoning commission in exercising its authority pursuant to this title shall not require as part of a subdivision approval or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.

B. A county may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A county shall not require that an association be formed or operated other than for the maintenance of common areas or community owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section.

C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a county.

§ 11-810.01 Accessory dwelling units; regulation; applicability; definitions

A. A county shall adopt regulations that allow both of the following on any lot or parcel where a single-family dwelling is allowed:

1. At least one attached and one detached accessory dwelling unit as a permitted use.

2. A minimum of one additional detached accessory dwelling unit as a permitted use on a lot or parcel that is one acre or more in size. The county may require at least one accessory dwelling unit on the lot or parcel to be a restricted-affordable dwelling unit.

B. A county shall allow each accessory dwelling unit developed pursuant to this section to be at least seventy-five percent of the gross floor area of the single-family dwelling on the same lot or parcel or one thousand square feet, whichever is less. This subsection does not prohibit a county from allowing an accessory dwelling unit that is larger than the size of an accessory dwelling unit that is allowed pursuant to this subsection.

C. A county may not do any of the following:

1. Prohibit the use or advertisement of either the single-family dwelling or any accessory dwelling unit located on the same lot or parcel as separately leased long-term rental housing.

2. Require a familial, marital, employment or other preexisting relationship between the owner or occupant of a single-family dwelling and the occupant of an accessory dwelling unit located on the same lot or parcel.

3. Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require payment of fees instead of additional parking.

4. Require that an accessory dwelling unit match the exterior design, roof pitch or finishing materials of the single-family dwelling that is located on the same lot as the accessory dwelling unit.

5. Set restrictions for accessory dwelling units that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage.

6. Set rear or side setbacks for accessory dwelling units that are more than five feet from the property line.

7. Require improvements to public streets as a condition of allowing an accessory dwelling unit, except as necessary to reconstruct or repair a public street that is disturbed as a result of the construction of the accessory dwelling unit.

8. Except as provided in subsection A, paragraph 2 of this section, require a restrictive covenant concerning an accessory dwelling unit on a lot or parcel zoned for residential use by a single-family dwelling.

D. This section does not prohibit restrictive covenants or shared well agreements as provided by state law concerning accessory dwelling units entered into between private parties. The county may not condition a permit or license or the use of an accessory dwelling unit on adopting or implementing a restrictive covenant between private parties.

E. This section does not supersede applicable building codes, fire codes, sensitive environmental area regulations, wildfire prevention regulations, emergency vehicle access regulations, drainage and flood control regulations or public health and safety regulations, except that a county may not require an accessory dwelling unit to comply with a commercial building code or contain a fire sprinkler.

F. An accessory dwelling unit may not be built on top of a current or planned public utility easement unless the property owner receives written consent from any utility that is currently using the public utility easement or that may use the public utility easement in the future.

G. If a county fails to adopt development regulations as required by this section on or before January 1, 2026, accessory dwelling units shall be allowed on all lots or parcels zoned for residential use in the county without limits.

H. This section does not apply to lots or parcels that are located on:

1. Tribal land.

2. Land that is in the territory in the vicinity of a military airport or ancillary military facility or property that is in a high noise or accident potential zone as defined in section 28-8461.

3. Land that is in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation airport or land that is in the territory in the vicinity of a public airport as defined in section 28-8486 and that has a noise level of greater than sixty-five decibels.

I. If a new accessory dwelling unit will not be connected to a sewer system or if the sewer system lacks capacity to serve the new accessory dwelling unit, a county may require that any septic system that will be used to serve the accessory dwelling unit be adequately sized before the construction of the accessory dwelling unit.

J. For the purposes of this section:

1. "Accessory dwelling unit" means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities.

2. "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit.

3. "Long-term rental" means rental use in which the tenant holds a lease of ninety days or longer or on a month-by-month basis.

4. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determine that a site plan conforms with applicable zoning regulations.

5. "Restricted-affordable dwelling unit" means a dwelling unit that, either through a deed restriction or a development agreement with the county, is rented to households earning up to eighty percent of the area median income.

Article 2 County Zoning

§ 11-811 Zoning ordinance; zoning districts; definitions

A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance:

1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts.

2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces.

3. Shall consider access to incident solar energy.

4. May provide for retirement community zoning districts.

5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities.

6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy.

B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993.

C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance.

D. This section does not authorize:

1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.

E. For the purposes of this section:

1. "Adult arcade" means any place to which the public is allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:

(a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.

(b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.

3. "Adult live entertainment establishment" means an establishment that features either:

(a) Persons who appear in a state of nudity.

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.

6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.

7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service.

9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1.

11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended.

12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to:

(a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.

(b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17.

(c) Registered nurse practitioners who are licensed pursuant to title 32, chapter 15.

(d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.

(e) Persons who are licensed pursuant to title 32, chapter 5 if the activity is limited to the head, face or neck.

13. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:

(a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.

(b) A student must enroll at least three days in advance of a class in order to participate.

(c) No more than one nude or seminude model is on the premises at any time.

14. "Nude", "nudity" or "state of nudity" means any of the following:

(a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola.

(b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola.

15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection.

16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

17. "Specific anatomical areas" means any of the following:

(a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.

(b) Male genitals in a discernibly turgid state even if completely and opaquely covered.

18. "Specific sexual activities" means any of the following:

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.

(c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.

(d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph.

§ 11-812 Restriction on regulation; exceptions; aggregate mining regulation; definitions

A. Nothing contained in any ordinance authorized by this chapter shall:

1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property takes effect.

2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph:

(a) "General agricultural purposes" includes agritourism as defined in section 3-111, but does not include any of the following:

(i) Food establishments under the authority of the department of health services pursuant to section 36-136, subsection I that are associated with an agritourism business.

(ii) Rodeo events that are open to the general public and that sell tickets for admission. For the purposes of this item, rodeo events do not include generally accepted agricultural practices associated with livestock and equine operations.

(iii) The cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.

(b) "Mining" has the same meaning prescribed in section 27-301.

3. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for agricultural composting, if the tract is five or more contiguous commercial acres. An agricultural composting operation shall notify in writing the board of supervisors and the nearest fire department of the location of the composting operation. If the nearest fire department is located in a city, town or fire district where the agricultural composting is not located, the agricultural composting operation shall also notify in writing the fire district in which the operation is located. Agricultural composting is subject to sections 3-112 and 49-141. For the purposes of this paragraph, "agricultural composting" has the same meaning prescribed in section 9-462.01, subsection G.

4. Prevent, restrict or otherwise regulate the otherwise lawful discharge of a firearm or air gun or use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis.

B. A nonconforming business use within a district may expand if the expansion does not exceed one hundred per cent of the area of the original business.

C. For the purposes of subsection A, paragraph 2 of this section, mining does not include aggregate mining operations in an aggregate mining operations zoning district established pursuant to this section. The board of supervisors of any county with a population of more than two million persons shall designate and establish the boundaries of an aggregate mining operations zoning district on the petition of at least one hundred persons who reside within one-half mile of an existing aggregate mining operation. In addition, the board of supervisors of any county may establish, in its discretion and on the board's initiative, one or more aggregate mining operations zoning districts. Aggregate mining operations zoning districts may only be located in areas that are inventoried and mapped as areas of known reserves or in areas with existing aggregate mining operations. Subject to subsections E and F of this section, a county and the state mine inspector may jointly adopt, as internal administrative regulations, reasonable aggregate mining operations zoning district standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation. Regulations jointly adopted pursuant to this subsection by the county and the state mine inspector shall not prohibit the activities included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate, conflict with or be more stringent than applicable federal, state or local laws.

D. The board of supervisors of any county that establishes an aggregate mining operations zoning district shall appoint an aggregate mining operations recommendation committee for the district. The committee consists of not more than seven operators, or representatives of operators, of active aggregate mining operations in any district within the county and an equal number of private citizens, who are not operators, who are not employed by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established. The initial members appointed to the committee shall be deemed the primary members, and the board of supervisors shall appoint not more than five alternate members who represent operators and shall appoint not more than five alternate members who are private citizens. Alternate members may serve at meetings of the committee when a primary member is unable to attend. An aggregate mining operator may serve on more than one committee in the same county. The board of supervisors shall determine the length of terms of members of the committee and shall stagger the initial appointments so that not all members' terms expire at the same time. Members of the committee who no longer qualify for membership as provided by this subsection are subject to removal and replacement by the board of supervisors. The committee shall elect a member who is an aggregate mining operator to serve as chairperson for the first year in which the committee is created. For each year thereafter, the chairperson shall be elected by the members of the committee with a member who is a private citizen and a member who is an aggregate mining operator serving as chairperson in alternate years. The committee is subject to the open meeting requirements of title 38, chapter 3, article 3.1.

E. Within ninety days after an aggregate mining operations recommendation committee is established, the committee shall notify all existing aggregate mining operators in the district of the application of this section and title 27, chapter 3, article 6 to the aggregate mining operation. In addition, the committee shall:

1. By a majority vote of all members make recommendations to the board of supervisors for aggregate mining zoning districts and administrative regulations as provided in this section. The board of supervisors may adopt or reject the recommendations but may not make any modifications to the recommendations unless the modification is approved by a majority of the members of the recommendation committee.

2. Serve as a forum for mediation of disputes between members of the public and aggregate mining owners or operators. If the committee is unable to resolve a dispute, the committee shall transmit the matter to the state mine inspector, with written findings and recommendations, for further action.

3. Hear written complaints filed with the state mine inspector regarding alleged material deviations from approved community notices for aggregate mining operations and make written recommendations to the state mine inspector pursuant to section 27-446.

F. Any administrative regulations adopted by a board of supervisors pursuant to this section are not effective until the regulations are approved by the state mine inspector. The inspector may disapprove the administrative regulations adopted by the board of supervisors only if they duplicate, conflict with or are more stringent than applicable federal, state or local laws, rules or regulations. If the inspector disapproves the administrative regulations, the inspector must provide written reasons for the disapproval. The inspector shall not make any modification to the administrative regulations as adopted by the board of supervisors unless the modification is approved by a majority of the members of the board of supervisors.

G. A person or entity is subject to this chapter if the use or occupation of land or improvements by the person or entity consists of or includes changing, remanufacturing or treating human sewage or sludge for distribution or resale. These activities are not exempt from this chapter under subsection A, paragraph 2 of this section.

H. A county shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the county, at its option, allows the use or structure to be relocated to a comparable site in the county with the same or a similar zoning classification, or to another site in the county acceptable to both the county and the owner of the use or structure, and the use or structure is relocated to the other site. The county shall pay for relocating the outdoor advertising use or structure including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to county rezoning of property at the request of the property owner to a more intensive zoning district.

I. For the purposes of this section:

1. "Aggregate" has the same meaning prescribed in section 27-441.

2. "Aggregate mining" has the same meaning prescribed in section 27-441.

3. "Aggregate mining operation" means property that is owned, operated or managed by the same person for aggregate mining.

4. "Operators" means persons who are actively engaged in aggregate mining operations within the zoning district or proposed zoning district and who have given notice to the state mine inspector pursuant to section 27-303.

§ 11-813 Zoning ordinance; adoption; amendments; notice; hearing

A. The commission shall formulate and draft the zoning ordinance. Before recommending the zoning ordinance to the board of supervisors for adoption, the commission shall hold at least one public hearing, after giving at least fifteen days' notice of the hearing by one publication in a newspaper of general circulation in the county seat.

B. After the commission recommends the zoning ordinance, the zoning ordinance shall be submitted to the board of supervisors for its consideration and official action. After the board considers the commission's recommendation, the board shall hold at least one public hearing at which residents of the county shall be heard concerning the zoning ordinance. At least fifteen days' notice of the hearing shall be given by one publication in a newspaper of general circulation in the county seat. The board shall consider protests and objections to the zoning ordinance and may change or alter any portion of the zoning ordinance.

C. A property owner or authorized agent of a property owner desiring a zoning regulations amendment shall file an application for the amendment.

D. The commission, on its own motion, may propose a zoning regulations amendment and, after holding a public hearing as required by this chapter, may transmit the proposal to the board, which shall proceed as prescribed in this chapter for any other amendment.

E. On receipt of the application the board shall submit the application to the commission for a report. Before reporting to the board, the commission shall hold at least one public hearing after giving at least fifteen days' notice of the hearing by one publication in a newspaper of general circulation in the county seat. The following specific notice provisions also apply:

1. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph 2 of this subsection:

(a) A ten per cent or more increase or decrease in the number of square feet or units that may be developed.

(b) A ten per cent or more increase or reduction in the allowable height of buildings.

(c) An increase or reduction in the allowable number of stories of buildings.

(d) A ten per cent or more increase or decrease in setback or open space requirements.

(e) An increase or reduction in permitted uses.

2. In proceedings governed by paragraph 1 of this subsection, the county shall provide notice to real property owners pursuant to at least one of the following notification procedures:

(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the changes.

(b) If the county issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the county shall include notice of the changes with the utility bills or other mailings.

(c) The county shall publish the changes before the first hearing on the changes in a newspaper of general circulation in the county. The changes shall be published in a display advertisement covering not less than one-eighth of a full page.

3. If notice is provided pursuant to paragraph 2, subdivision (b) or (c) of this subsection, the county shall also send notice by first class mail to persons who register their names and addresses with the county as being interested in receiving the notice. The county may charge a fee not to exceed five dollars per year for providing this service and may adopt procedures to implement this paragraph.

4. Notwithstanding the notice requirements prescribed in paragraph 2 of this subsection, the failure of any person or entity to receive notice does not constitute grounds for any court to invalidate the actions of a county for which the notice was given.

F. After the commission has held a public hearing, the board shall hold a public hearing on the proposed amendment at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After holding the hearing, the board may adopt the amendment.

G. Notwithstanding title 19, chapter 1, article 4, a decision by the governing body that changes the zoning standards of land that is not owned by the county as prescribed in subsection E, paragraph 1 of this section may not be enacted as an emergency measure and such a change shall not be effective for at least thirty days after final approval of the change in classification by the board. Unless a resident files a written objection with the board of supervisors, the change may be enacted as an emergency measure that becomes effective immediately by a four-fifths majority vote of the board for those counties with five or more supervisors or a two-thirds majority vote of the board for those counties with fewer than five supervisors.

§ 11-814 Rezoning; conditional zoning change; notice; hearing; citizen review; definition

A. All rezonings adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed rezoning to the adopted comprehensive plan, the rezoning shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the comprehensive plan. A rezoning conforms with the comprehensive plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the comprehensive plan.

B. A property owner or authorized agent of a property owner desiring a rezoning shall file an application for the rezoning.

C. The commission, on its own motion, may propose a rezoning and, after holding a public hearing as required by this chapter, may transmit the proposal to the board, which shall proceed as prescribed in this chapter for any other rezoning.

D. On receipt of the application, the board shall submit the application to the commission for a report. Before reporting to the board, the commission shall hold at least one public hearing after giving at least fifteen days' notice of the hearing by one publication in a newspaper of general circulation in the county seat and by posting of the area included in the proposed rezoning. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in section 28-8461, the notice shall include a general statement that the matter applies to property located in the high noise or accident potential zone. The posting shall be in not less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. The commission shall also send notice by first class mail to each real property owner as shown on the last assessment of the property within three hundred feet of the proposed rezoning and each county and municipality that is contiguous to the area of the proposed rezoning. In proceedings involving rezoning of land that is located within territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461 or an influence area of a military installation or range or Arizona national guard site, the commission shall send copies of the notice of public hearing by first class mail to the military airport or the military installation or range or Arizona national guard site as applicable. The notice sent by mail shall include, at a minimum, the date, time and place of the hearing on the proposed rezoning, including a general explanation of the matter to be considered and a general description of the area of the proposed rezoning. For those counties with five or more supervisors, the notice must include a general description of how the real property owners within the zoning area may file approvals or protests of the proposed rezoning, and notification that if twenty percent of the property owners by area and number within the zoning area file protests, an affirmative vote of three-fourths of all members of the board will be required to approve the rezoning. In proceedings that are initiated by the commission involving rezoning, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property to be rezoned. For the purposes of this subsection, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 11-818.01.

E. If the commission or hearing officer has held a public hearing, the board may adopt the recommendations of the commission or hearing officer through use of a consent calendar without holding a second public hearing if there is no objection, request for public hearing or other protest. If there is an objection, a request for public hearing or a protest, the board shall hold a public hearing at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat and by posting the area included in the proposed rezoning. In counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the board shall hold a public hearing if, after notice is mailed to the military airport pursuant to subsection D of this section and before the public hearing, the military airport provides comments or analysis concerning the compatibility of the proposed rezoning with the high noise or accident potential generated by military airport or ancillary military facility operations that may have an adverse impact on public health and safety, and the board shall consider and analyze the comments or analysis before making a final determination. After holding the hearing, the board may adopt the rezoning by a majority vote of the board for those counties with fewer than five supervisors, or for those counties with five or more supervisors if a protest has not been filed. If twenty percent of the owners of property by area and number within the zoning area file a protest to the proposed rezoning, the change shall not be made except by a three-fourths vote of all members of the board for those counties with five or more supervisors. If any members of the board are unable to vote on the question because of a conflict of interest, the required number of votes for the passage of the question is three-fourths of the remaining membership of the board for those counties with five or more supervisors, except that the required number of votes shall be less than a majority of the full membership of the board. In calculating the owners by area, only that portion of a lot or parcel of record situated within three hundred feet of the property to be rezoned shall be included. In calculating the owners by number or area, county property and public rights-of-way shall not be included.

F. The board of supervisors shall adopt by ordinance a citizen review process that applies to all rezoning and specific zoning plan applications that require a public hearing. The citizen review process shall include at least the following requirements:

1. Adjacent landowners and other potentially affected citizens will be notified of the application.

2. The county will inform adjacent landowners and other potentially affected citizens of the substance of the proposed rezoning.

3. Adjacent landowners and other potentially affected citizens will be provided an opportunity to express any issues or concerns that they may have with the proposed rezoning before the public hearing.

G. The rezoning or subdivision plat of any unincorporated area completely surrounded by a city or town shall use as a guideline the adopted general plan and standards as prescribed in the subdivision and zoning ordinances of the city or town.

H. The board or commission, before taking any action on a rezoning or subdivision plat in an area as prescribed in subsection G of this section, may require the affected city or town to supply information to allow the county to meet the guideline. If an affected city or town objects to any such proposed action, the board or commission shall prescribe in the minutes of the meeting specific reasons why in its opinion the guideline is actually being followed or why it is not practicable to follow the guideline of the general plan.

I. The board may approve a change of zone conditioned on a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the board after notification by certified mail to the owner and applicant who requested the rezoning shall schedule a public hearing to grant an extension, determine compliance with the schedule for development or cause the property to revert to its former zoning classification.

J. The legislature finds that a rezoning of land that changes the zoning classification of the land or that restricts the use or reduces the value of the land is a matter of statewide concern. Such a change in zoning that is initiated by the governing body or zoning body shall not be made without the express written consent of the property owner. In applying an open space element or a growth element of a comprehensive plan, a parcel of land shall not be rezoned for open space, recreation, conservation or agriculture unless the owner of the land consents to the rezoning in writing. For the purposes of this subsection, rezoning does not include the creation or expansion of overlay zones solely for the purpose of implementing airport safety and protection. Rezoning also does not include the redesignation of areas of the county to which the residential provisions of the county building codes apply or do not apply. The county shall not adopt any change in a zoning classification to circumvent the purpose of this subsection.

K. Notwithstanding title 19, chapter 1, article 4, a decision by the governing body involving rezoning of land that is not owned by the county and that changes the zoning classification of the land may not be enacted as an emergency measure and such a change shall not be effective for at least thirty days after final approval of the change in classification by the board. Unless a resident files a written objection with the board of supervisors, the rezoning may be enacted as an emergency measure that becomes effective immediately by a four-fifths majority vote of the board for those counties with five or more supervisors or a two-thirds majority vote of the board for those counties with fewer than five supervisors.

L. For the purposes of this section, "zoning area" means the area within three hundred feet of the proposed amendment or change.

§ 11-815 Enforcement; county zoning inspector; deputies; building permits; violations; classification; civil penalties; hearing officers and procedures

A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for those purposes may establish the position of county zoning inspector and deputy inspectors as may be required, who shall be appointed by the board.

B. After the establishment and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. A permit is not required for repairs or improvements of a value not exceeding five hundred dollars. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on the inspector's authority by sections 11-804 and 11-811, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case the inspector shall withhold the permit.

C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any ordinance pertaining to the land and any violation constitutes a public nuisance. Any person, firm or corporation violating an ordinance, or any part of an ordinance, is guilty of a class 2 misdemeanor. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense.

D. A county may establish civil penalties for a violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E of this section, the alleged violator is not subject to a criminal charge arising out of the same facts.

E. A county that establishes a civil penalty for a violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after notice of the hearing has been served on the alleged violator. The zoning inspector shall cause the notice to be personally served on the alleged violator at least five days before the hearing. Personal service may be made by a zoning inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the zoning inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. A notice served on the alleged violator other than by personal service shall be served at least thirty days before the hearing. For the purposes of this subsection, "impracticable" includes service of the notice outside the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the zoning inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure.

F. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection D of this section.

G. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for a violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for in subsection H of this section.

H. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.

§ 11-816 Boards of adjustment; powers; appeals

A. There shall be one or more boards of adjustment in each county. The board of supervisors may establish one board of adjustment that has jurisdiction countywide and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district and that is composed of not less than three nor more than five members, each of whom is a resident of that supervisorial district. The members of each board shall be appointed for staggered terms of four years each.

B. The board of adjustment may:

1. Interpret the zoning ordinance if the meaning of any word, phrase or section is in doubt, if there is dispute between the appellant and enforcing officer or if the location of a district boundary is in doubt.

2. Allow a variance from the terms of the ordinance if, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the general intent and purposes of the zoning ordinance will be preserved.

3. If authorized by the board of supervisors, review decisions by a hearing officer who hears and determines zoning violations pursuant to section 11-815 and render a final decision. Subsections C and D of this section do not apply to this paragraph. Judicial review of the final decision by the board of adjustment shall be pursuant to title 12, chapter 7, article 6.

C. Appeals to a board of adjustment may be taken by any person who feels that there is error or doubt in the interpretation of the ordinance or that due to unusual circumstances attaching to the person's property an unnecessary hardship is being inflicted on the person. The appeal shall state whether it is a plea for an interpretation or a variance and the grounds for the appeal.

D. Any person aggrieved in any manner by an action of a board of adjustment may appeal within thirty days to the superior court, and the matter shall be heard de novo.

§ 11-817 Transfer of development rights; definitions

A. The board of supervisors may establish procedures, methods and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of all or any portion of the development rights of a sending property to a receiving property is subject to the written approval and consent of the property owners of both the sending property and the receiving property. A county may not condition a change of zone on a property owner's consent to or other participation in a proposed transfer of development rights, except that a change of zone may be required to implement a development agreement if it is voluntarily entered into by a property owner or owners with a county for the transfer of development rights concurrently with the county's approval of the change of zone. Before any transfer of development rights, a county shall adopt an ordinance providing for:

1. The establishment, execution and recordation of instruments to sever development rights transferred from the sending property and to affix the development rights to the receiving property. The instruments shall be executed by the property owners of the sending and receiving property and any lienholders.

2. The preservation of the characteristics of the sending property lending to the transfer of development rights and assurance that any of the prohibitions against particular uses or development of the sending property determined to be necessary to preserve the characteristics shall bind the property owner and every successor in interest to the property.

3. A delay before transfer of development rights to a receiving property after the severance of transferable development rights from a sending property.

4. The purchase, sale, exchange or other conveyance of transferable development rights before the rights are affixed to a receiving property.

5. Procedures for monitoring the severance, ownership and transfer of transferable development rights.

6. Appropriate public participation procedures for each type of transaction.

7. Use of development agreements as an option for implementation.

B. The resulting density or intensity of land use of the receiving property shall conform to the adopted comprehensive plan, as amended, if applicable. If a plan amendment is required before the transfer, the plan amendment shall not be considered a major plan amendment.

C. A county's area of jurisdiction includes land in a high noise or accident potential zone, in order to facilitate development in the high noise or accident potential zone that conforms to the compatible uses prescribed in section 28-8481, subsection J, the county may approve the transfer of development rights and enter into intergovernmental agreements with any city or town or other county.

D. The board of supervisors may authorize the transfer of development rights from unincorporated areas of a county to a municipality pursuant to an intergovernmental agreement.

E. For the purposes of this section:

1. "Ancillary military facility" has the same meaning prescribed in section 28-8461.

2. "Development rights" means the maximum development that would be allowed on the sending property under the adopted comprehensive plan, the specific plan, if any, or the zoning ordinance, whichever provides greater density or intensity of use or, if applicable, both, in effect on the date the county adopts an ordinance pursuant to subsection A of this section, respecting the permissible use, area, bulk or height of improvements made to one or more lots or parcels. Development rights may be calculated and allocated pursuant to factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this section.

3. "High noise or accident potential zone" has the same meaning prescribed in section 28-8461.

4. "Military airport" has the same meaning prescribed in section 28-8461.

5. "Receiving property" means one or more lots or parcels within which development rights are increased under the adopted comprehensive plan, the specific plan, if any, or the zoning ordinance, whichever provides greater density or intensity of use or, if applicable, both, in effect before a transfer of development rights and an amendment to the adopted comprehensive plan, specific plan or zoning ordinance, or a rezone of the property, whichever is required to implement the increase in development rights. The receiving property shall be suitable for development that includes the transferred development rights consistent with the adopted comprehensive plan, as amended, if applicable. Receiving property does not include lots or parcels that are partially or wholly located within, or that include, a high noise or accident potential zone of a military airport or an ancillary military facility.

6. "Sending property" means one or more lots or parcels that are partially or wholly located within, or that include, a high noise or accident potential zone of a military airport or an ancillary military facility, a floodplain, natural habitat, geologic features, recreation area or parkland, or land that has unique aesthetic, architectural or historic value, that a county determines is appropriate and necessary to restrict against particular uses or future development that would impair or preclude preservation of the characteristic or characteristics of the property or to protect the public because of health or safety concerns.

7. "Transfer of development rights" means the process by which development rights from one or more sending properties are affixed to one or more receiving properties.

§ 11-818 Disclosure of filings; military electronics range; definition

A. A county that contains any portion of a military electronics range as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 shall notify the office of the installation commander when an application is deemed complete by the county to do any of the following within any portion of the military electronics range:

1. Rezone the property.

2. Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property.

3. Subdivide the property or otherwise divide the property, including any land division into five or fewer lots, whether for residential, industrial, commercial or any other use.

B. If the proposed land use change described in subsection A of this section does not require a public hearing, this subsection shall not be construed to allow or require a public hearing by the county on written comments by the installation. If the installation chooses to make official comments on the proposed land use change, those comments shall be made in writing and received by the county seven days before the first public hearing on the proposed land use change. If the installation chooses not to submit official comments, and if there is a hearing, the county shall note at the public hearing on the proposed land use change that the installation has not indicated an objection to the proposed land use change.

C. The county shall provide notice to the office of the installation commander pursuant to this section by providing a copy of the application and the relevant documentation that is necessary to adequately describe the proposed land use change as it relates to the military operations at the installation. This documentation shall include a basic outline of the procedures the county uses when processing land use change applications and deadlines for submitting official comments.

D. This section shall not be construed to allow or require a county to deny any use or occupancy permit, building permit, zoning approval or any other permit, approval or other authorization based on the existence of the military electronics range or its proximity to a parcel of real estate.

E. This section shall not be construed to require a county to meet the notification requirements of this section if the state land department has not prepared a map of the military electronics range.

F. For the purposes of this section, "military electronics range" means the geographically defined area in which electronic communication, monitoring or other devices are routinely tested as a part of the military mission of a military installation.

§ 11-818.01 Disclosure of filing; military installation or range or Arizona national guard site; definitions

A. A county that contains any portion of a military installation or range or Arizona national guard site or contains any portion of the influence area of a military installation or range or Arizona national guard site, as delineated in the map prepared by the state land department pursuant to section 37-102, shall notify the office of the military installation or range or Arizona national guard site commander when an application is deemed complete by the county to do any of the following in any portion of the influence area:

1. Amend, modify or change a general plan or comprehensive plan land use designation.

2. Establish, amend, modify or change an area plan, character plan, master development plan or site plan.

3. Amend, modify or change the zoning designation, overlay zoning designation or the regulations related to allowed uses, structure or building heights or outdoor lighting in the applicable designations.

4. Subdivide the property or otherwise divide the property, including any land division, into five or fewer lots, regardless of the proposed development or use.

B. The county shall provide the notice required pursuant to subsection A of this section by providing a copy of the application and the relevant documentation that is necessary to adequately describe the proposed application pursuant to subsection A of this section. The notice shall include procedures for providing electronic or written comments and the date comments must be received.

C. In all cases, comments from the military installation or range or Arizona national guard site shall be received by the county seven days before the first public hearing. If the application does not require a public hearing, comments shall be provided to the county within the normal review and comment timelines for such application. If comments are provided, this section does not require a public hearing for comments on applications that do not otherwise require a public hearing.

D. If the military installation or range or Arizona national guard site chooses not to submit official comments and a public hearing is required, the county shall note at the public hearing that the military installation or range or Arizona national guard site was notified and has not provided comment on the application.

E. This section does not require a county to deny any application, permit, approval or authorization based on the existence of the military installation or range or Arizona national guard site or its proximity to the parcel of real estate.

F. This section does not require a county to meet the notification requirements of this section if the state land department has not prepared maps of military installations or ranges or Arizona national guard sites.

G. For the purposes of this section:

1. "Influence area" means all property located within two miles of the exterior perimeter or fence line of the military installation or range or Arizona national guard site.

2. "Military installation or range or Arizona national guard site":

(a) Includes:

(i) United States naval observatory Flagstaff station.

(ii) Barry M. Goldwater range.

(iii) Yuma proving grounds.

(iv) Buckeye training site.

(v) Camp Navajo.

(vi) Florence military reservation.

(vii) Papago park military reservation.

(viii) Picacho peak stagefield.

(ix) Rittenhouse training site.

(x) Silverbell army heliport.

(b) Does not include:

(i) The Laguna army airfield.

(ii) Any military airport or ancillary military facility as defined in section 28-8461.

§ 11-819 Residential housing; requirements; fees; prohibition

A. Except as provided in subsection B of this section, a county shall not adopt a land use regulation or general plan provision, or impose as a condition for approving a building or use permit, a requirement or fee that has the effect of establishing the sales or lease price for a residential housing unit or residential dwelling lot or parcel or that requires a residential housing unit or residential dwelling lot or parcel to be designated for sale or lease to any particular class or group of residents.

B. This section does not limit the authority of a county to adopt or enforce a land use regulation, general or specific plan provision or condition of approval creating or implementing an incentive, density bonus or other voluntary provision or condition designed to increase the supply of moderate or lower cost housing.

§ 11-820 Restriction on regulation; home-based businesses; exception; definitions

A. Any ordinance authorized by this chapter shall not restrict or otherwise regulate the owner of a home-based business that holds a valid license from:

1. Making residential property improvements to add doors, shelving or display racks for use by the home-based business.

2. Displaying a temporary commercial sign on the residential property during business hours, if the sign is not more than twenty-four inches by twenty-four inches.

3. Selling or offering for sale any goods.

4. Generating traffic, parking or delivery activity that does not cause on-street parking congestion or a substantial increase in traffic through the residential area.

5. Having more than one client on the property at one time.

6. Employing any of the following:

(a) Residents of the primary dwelling.

(b) Immediate family members.

(c) One or two individuals who are not residents of the primary dwelling or immediate family members.

B. This section does not preclude a county from imposing reasonable operating requirements on a home-based business or a residential property used by a home-based business.

C. For the purposes of this section:

1. "Goods" means any merchandise, equipment, products, supplies or materials.

2. "Home-based business" means any business for the limited manufacture, provision or sale of goods or services that is owned and operated by the owner or tenant of the residential property.

3. "Immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild or stepsibling whether related by adoption or blood.

4. "License" means any permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency, department, board or commission of this state or of any political subdivision of this state for the purpose of operating a business in this state or to an individual who provides a service to any person and the license is required to perform that service.

§ 11-820.01 Restriction on regulation; private schools

A county may not adopt or enforce a land use regulation that requires the property on which a nongovernmental primary or secondary school operates to be larger than one acre.

§ 11-820.02 Assisted living homes; distance requirements; administrative procedure; notice; definition

A. If a county has a zoning regulation that restricts the distance between assisted living homes, the county shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-281; 82 Stat. 81; 42 United States Code section 3604).

B. On registration as an assisted living home or when a land use application for an assisted living home is filed, the county shall provide written notice of the administrative procedure to request a reasonable accommodation as prescribed in subsection A of this section.

C. If a county has a zoning regulation that restricts the distance between assisted living homes, the distance shall be measured on a linear foot basis from lot line to lot line.

D. For the purposes of this section, "assisted living home" has the same meaning prescribed in section 36-401.

§ 11-820.03 Accessory dwelling unit; park model trailer; definitions

A. A county shall allow the use of a park model trailer as an accessory dwelling unit for use as a single-family residence in a location zoned for one dwelling unit per three acres or greater unless the parcel is located in a high noise or accident potential zone as defined in section 28-8461. Compliance with the applicable zoning requirements prescribed in title 28, chapter 25, article 7 shall be required for parcels located in a high noise or accident potential zone. The park model trailer shall be on a semi-permanent or permanent foundation that has utility connections. All drainage, floodplain, sanitary sewer or septic waste disposal requirements and all other zoning standards established pursuant to this chapter shall be met. A county may require a building permit and inspection for installation of a park model trailer. The county may review and allow for additions, such as decks and stairs, to the park model trailer.

B. For the purposes of this section:

1. "Accessory dwelling unit" means an independent dwelling unit that includes a kitchen and that is located on the same lot as a single-family housing unit, duplex, triplex, townhome or other housing unit.

2. "Park model trailer" means a trailer that is a structure built on a single chassis, mounted on wheels and designed to be connected to the utilities necessary for operating installed fixtures and appliances and that has a gross interior area of at least three hundred twenty square feet and not more than four hundred square feet when prepared for occupancy.

§ 11-820.04 Backyard fowl regulation; prohibition; exceptions; state preemption; definition

A. A county may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property. A county may:

1. Prohibit a resident from keeping male fowl, including roosters.

2. Require fowl to be kept in an enclosure located in the rear or side yard of the property at least twenty feet from a neighboring property and restrict the size of the enclosure to a maximum of two hundred square feet with a maximum height of eight feet.

3. Require the enclosure to be maintained and manure picked up and disposed of or composted at least twice weekly.

4. Require that composted manure be kept in a way that prevents migration of insects.

5. Require water sources with adequate overflow drainage.

6. Require that feed be stored in insect-proof and rodent-proof containers.

7. Prohibit fowl from running at large.

B. Notwithstanding subsection A of this section, a county shall enact an ordinance that requires an enclosure located in a residential community on a lot less than one acre in size to be shorter than the fence line of the property.

C. An ordinance that is enacted after September 14, 2024 does not apply to an enclosure that was constructed on or before September 14, 2024.

D. The property rights of property owners in this state outlined in this section are of statewide concern. This section preempts all local laws and ordinances to the contrary.

E. For the purposes of this section, "fowl" means a cock or hen of

the domestic chicken.

Article 3 County Subdivision Regulation

§ 11-821 Subdivision regulations; subdivision reservation for public facilities and services; conditions; procedures; time limitation

A. The county board of supervisors shall regulate the subdivision of all lands within its corporate limits, except subdivisions that are regulated by municipalities.

B. The commission shall recommend to the board and the board shall adopt general regulations of uniform application governing plats and subdivisions of land within its area of jurisdiction. The regulations adopted shall secure and provide for the proper arrangement of streets or other highways in relation to existing or planned streets, highways or bicycle facilities or to the official map for adequate and convenient open spaces for traffic, utilities, drainage, access of firefighting apparatus, recreation, light and air. The board may adopt general regulations to provide for the proper arrangement of hiking and equestrian trails in relation to existing or planned streets or highways, and if adopted, the hiking and equestrian trails shall conform to the official map for adequate and convenient open spaces for traffic, utilities, drainage, access of firefighting apparatus, recreation, light and air. The general regulations may provide for modification by the commission in planned area development or specific cases where unusual topographical or other exceptional conditions may require such action. The regulations shall include provisions as to the extent to which streets and other highways shall be graded and improved and to which water, sewer or other utility mains, piping or other facilities shall be installed or provided for on the plat as a condition precedent to the approval of the final plat.

C. Boards of supervisors of counties shall prepare specifications and make orders, inspections, examinations and certificates as may be necessary to protect and complete the provisions and make them effective. The regulations shall require the posting of performance bonds, assurances or such other security as may be appropriate and necessary to ensure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction.

D. Before adoption of regulations by the board or any amendment as provided in this article, the commission shall hold a public hearing. The commission shall certify a copy of the regulations to the county board of supervisors, which shall hold a public hearing after notice of the time and place has been given by one publication fifteen days before the public hearing in a newspaper of general circulation in the county.

E. A board of supervisors may require by ordinance that land areas within a subdivision be reserved for parks, recreational facilities, school sites and fire stations subject to the following conditions:

1. The requirement may only be made on preliminary plats filed at least thirty days after the adoption of a comprehensive plan or amendment of the plan affecting the land area to be reserved.

2. The required reservations are in accordance with definite principles and standards adopted by the board or commission.

3. The land area reserved is of such a size and shape as to permit the remainder of the land area of the subdivision within which the reservation is located to develop in an orderly and efficient manner.

4. The land area reserved is in such multiples of streets and parcels as to permit an efficient division of the reserved area if it is not acquired within the prescribed period.

F. The public agency for whose benefit an area has been reserved has one year after recording the final subdivision plat to enter into an agreement to acquire the reserved land area. The purchase price is the fair market value of the land at the time of the filing of the preliminary subdivision plat plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest cost incurred on any loan covering the reserved area.

G. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement within the one year period or an extended period mutually agreed on by the public agency and the subdivider, the reservation of the area terminates.

§ 11-822 Subdivision approval; platting regulations; violation; classification; easement vesting

A. A plat of a subdivision of land within the area of jurisdiction of the county shall not be accepted for recording or recorded until it has been approved by the board or a county employee who is authorized by the adopted county ordinance. The approval of the board or a county employee who is authorized by the adopted county ordinance shall be endorsed in writing on the plat and shall also include specific identification and approval of the assurances, except those for hiking and equestrian trails required by this section. If a county planning and zoning commission exists, the plat may be referred to the commission for its consideration and the board may receive the recommendation of the commission. If the subdivision is comprised of subdivided lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from such a requirement pursuant to section 45-576. The board shall note on the face of the plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to section 45-576.

B. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated on the record of the board.

C. Approval of a plat shall not be deemed to constitute or effect an acceptance by the county for designation of any street, highway, bicycle facility or other way or open space shown on the plat into the county maintenance system except for hiking and equestrian trails that are constructed and maintained by the county. However, at the time the streets, highways, bicycle facilities or other ways are fully completed in accordance with the approved plat and written specifications made by the county board or a county employee who is authorized by the adopted county ordinance, the county shall accept the streets, highways, bicycle facilities and other ways into the county maintenance system within one year after completion.

D. Any person causing a final plat to be recorded without first submitting the plat and obtaining approval of the board or a county employee who is authorized by the adopted county ordinance is guilty of a class 2 misdemeanor. A county recorder shall not accept for recording or record any plat that has not been approved as provided by this article.

E. On recording of a plat, the fee of the streets, alleys, avenues, highways, easements, parks and other parcels of ground reserved to the use of the public vests in trust in the county for the uses and to the extent depicted on the plat, including ingress and egress easements depicted on the plat. On annexation by any city or town the fee automatically vests in the city or town.

F. For any subdivision that consists of lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board or a county employee who is authorized by the adopted county ordinance may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements.

§ 11-823 Water supply; adequacy; exemptions

A. To protect the public health and safety, the general regulations adopted by the board pursuant to section 11-821, subsection B, if approved by unanimous vote of the board of supervisors, may provide that, except as provided in subsection C and subsection D, paragraph 1 of this section, the board or a county employee who is authorized by the adopted county ordinance shall not approve a final plat for a subdivision composed of subdivided lands, as defined in section 32-2101, located outside of an active management area, as defined in section 45-402, unless one of the following applies:

1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 and the subdivider has included the report with the plat.

2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108.

B. If the board unanimously adopts the provision authorized by subsection A of this section:

1. The board may include in the general regulations an exemption from the provision for a subdivision that the director of water resources has determined will have an inadequate water supply because the water supply will be transported to the subdivision by motor vehicle or train if all of the following apply:

(a) The board determines that there is no feasible alternative water supply for the subdivision and that the transportation of water to the subdivision will not constitute a significant risk to the health and safety of the residents of the subdivision.

(b) If the water to be transported to the subdivision will be withdrawn or diverted in the service area of a municipal provider as defined in section 45-561, the municipal provider has consented to the withdrawal or diversion.

(c) If the water to be transported is groundwater, the transportation complies with the provisions governing the transportation of groundwater in title 45, chapter 2, article 8.

(d) The transportation of water to the subdivision meets any additional conditions imposed by the county.

2. The board shall promptly give written notice of the adoption of the provision to the director of water resources, the director of environmental quality and the state real estate commissioner. The notice shall include a certified copy of the provision and any exemptions adopted pursuant to paragraph 1 of this subsection. Water providers may be eligible to receive monies in a water supply development fund, as otherwise provided by law.

3. The board shall not rescind the provision or amend it in a manner that is inconsistent with subsection A of this section. If the board amends the provision, it shall give written notice of the amendment to the director of water resources, the director of environmental quality and the state real estate commissioner. The board may rescind an exemption adopted pursuant to paragraph 1 of this subsection. If the board rescinds the exemption, it shall give written notice of the rescission to the director of water resources, the director of environmental quality and the state real estate commissioner, and the board shall not readopt the exemption for at least five years after the rescission becomes effective.

4. If the board or a county employee who is authorized by the adopted county ordinance approves a subdivision plat pursuant to subsection A, paragraph 1 or 2 of this section, the board shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45-108.

5. If the board or a county employee who is authorized by the adopted county ordinance approves a subdivision plat pursuant to an exemption authorized by paragraph 1 of this subsection or granted by the director of water resources pursuant to section 45-108.02 or 45-108.03:

(a) The board shall give written notice of the approval to the director of water resources and the director of environmental quality.

(b) The board shall include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the board or the director of water resources, whichever applies, has determined that the specific conditions of the exemption were met. If the director of water resources subsequently informs the board that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to section 45-108, the board shall record in the county recorder's office a statement disclosing that fact.

C. Subsection A of this section does not apply to:

1. A proposed subdivision that the director of water resources has determined will have an inadequate water supply pursuant to section 45-108 if the director grants an exemption for the subdivision pursuant to section 45-108.02 and the exemption has not expired or the director grants an exemption pursuant to section 45-108.03.

2. A proposed subdivision that received final plat approval from the county before the requirement for an adequate water supply became effective in the county if the plat has not been materially changed since it received the final plat approval. If changes were made to the plat after the plat received the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If the county approves a plat pursuant to this paragraph and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the county shall note this on the face of the plat.

D. If the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the board has not adopted a provision pursuant to subsection A of this section:

1. If the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or if the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108, the board or a county employee who is authorized by the adopted county ordinance shall note this on the face of the plat if the plat is approved.

2. If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the board or a county employee who is authorized by the adopted county ordinance shall note this on the face of the plat if the plat is approved.

Article 4 Land Divisions; Appeals; Moratoriums

§ 11-831 Review of land divisions; definitions

A. The board of supervisors of each county may adopt ordinances and regulations pursuant to this section for staff review and approval of land divisions of five or fewer lots, parcels or fractional interests, any of which is ten acres or smaller in size. The county may not deny approval of any land division that meets the requirements of this section. If a review of the request is not completed within thirty days after receiving the request, the land division is considered to be approved. At its option, the board of supervisors may submit a ballot question to the voters of the county to allow the voters to determine the application of subsections B and C of this section to qualifying land divisions in that county.

B. An application to split a parcel of land shall be approved if:

1. The lots, parcels or fractional interests each meet the minimum applicable county zoning requirements of the applicable zoning designation.

2. The applicant provides a standard preliminary title report or other acceptable document that demonstrates legal access to the lots, parcels or fractional interests.

3. The applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.

4. The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.

5. The applicant signs an affidavit or similar document under oath acknowledging the following:

(a) The applicant is aware that it is unlawful pursuant to subsection F of this section and section 32-2181, subsection D for a person or group of persons to attempt to avoid these sections or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels.

(b) The applicant is aware that the county where the land division occurred or the state real estate department may investigate and enforce the prohibition against acting in concert to unlawfully divide a parcel of land into six or more lots or parcels.

C. An application to split a parcel of land that does not comply with one or more of the items listed in subsection B of this section shall still be approved if the applicant provides an acknowledgment that is signed by the applicant and that confirms that a building or use permit will not be issued by the county until the lot, parcel or fractional interest has met the requirements of subsection B of this section. The county may grant a variance from one or more of the items listed in subsection B of this section.

D. Any approval of a land division under this section may:

1. Include the minimum statutory requirements for legal and physical on-site access that must be met as a condition to issuing a building or use permit for the lots, parcels or fractional interests.

2. Identify topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions to the eventual issuance of a building or use permit. These constraints, requirements or limitations may be as noted by the applicant or through county staff review, but there shall be no requirement for independent studies.

E. If the requirements of subsections A through D of this section do not apply, a county may adopt ordinances and regulations pursuant to this chapter for staff review of land divisions of five or fewer lots, parcels or fractional interests but only to determine compliance with minimum applicable county zoning requirements and legal access and may grant waivers from the county zoning and legal access requirements. The county may not deny approval of any land division that meets the requirements of this section or if the deficiencies are noticed in the deed. A county may not require a public hearing on a request to divide five or fewer lots, parcels or fractional interests. If a review of the request is not completed within thirty days after receipt of the request, the land division shall be deemed approved. If legal access is not available, the legal access does not allow access by emergency vehicles or the county zoning requirements are not met, the access or zoning deficiencies shall be noticed in the deed. If a county by ordinance requires a legal access of more than twenty-four feet roadway width, the county is responsible for the improvement and maintenance of the improvement. If the legal access does not allow access to the lots, parcels or fractional interests by emergency vehicles, neither the county nor its agents or employees are liable for damages resulting from the failure of emergency vehicles to reach the lot, parcel or fractional interest.

F. It is unlawful for a person or group of persons acting in concert to attempt to avoid this section or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances. Either the county where the division occurred or the state real estate department pursuant to title 32, chapter 20, but not both, may enforce this prohibition. A familial relationship alone is not sufficient to constitute unlawful acting in concert.

G. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board of supervisors of each county may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements.

H. For the purposes of this section:

1. "Legal access" means a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.

2. "Minimum applicable county zoning requirements" means the minimum acreage and dimensions of the resulting lot, parcel or fractional interest as required by the county's zoning ordinance.

3. "Utility easement" means an easement of eight feet in width dedicated to the general public to install, maintain and access sewer, electric, gas and water utilities.

§ 11-832 Appeals of county actions; dedication or exaction; excessive reduction in property value; burden of proof; attorney fees; compliance with court decisions

A. Notwithstanding any other provision of this chapter, a property owner may appeal the following actions relating to the owner's property by a county, or an administrative agency or official of a county, in the manner prescribed by this section:

1. The requirement by a county of a dedication or exaction as a condition of granting approval for the use, improvement or development of real property. This section does not apply to a dedication or exaction that is required in a legislative act of the board of supervisors and that does not give discretion to an administrative agency or official to determine the nature or extent of the dedication or exaction.

2. The adoption or amendment of a zoning regulation by a county that creates a taking in violation of subsection I.

B. The county shall notify the property owner that the property owner has the right to appeal the county's action pursuant to this section and shall provide a description of the appeal procedure. The county shall not request the property owner to waive the right of appeal or trial de novo at any time during the consideration of the property owner's request.

C. The appeal shall be in writing and filed with or mailed to a hearing officer designated by the board of supervisors within thirty days after the final action is taken. The county shall submit a takings impact report to the hearing officer. A fee shall not be charged for filing the appeal.

D. After receipt of an appeal, the hearing officer shall schedule a time for the appeal to be heard not later than thirty days after receipt. The property owner shall be given at least ten days' notice of the time when the appeal will be heard unless the property owner agrees to a shorter time period.

E. In all proceedings under this section the county has the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development or, in the case of a zoning regulation, that the zoning regulation does not create a taking of property in violation of subsection I. If more than a single parcel is involved, this requirement applies to the entire property.

F. The hearing officer shall decide the appeal within five working days after the appeal is heard. If the county does not meet its burden under subsection E, the hearing officer shall:

1. Modify or delete the requirement of the dedication or exaction appealed under subsection A, paragraph 1.

2. In the case of a zoning regulation appealed under subsection A, paragraph 2, the hearing officer shall transmit a recommendation to the board of supervisors.

G. If the hearing officer modifies or affirms the requirement of the dedication, exaction or zoning regulation, a property owner aggrieved by a decision of the hearing officer, at any time within thirty days after the hearing officer has rendered a decision, may file a complaint for a trial de novo in the superior court on the facts and the law regarding the issues of the condition or requirement of the dedication, exaction or zoning regulation. Pursuant to the standards for granting preliminary injunctions, the court may exercise any legal or equitable interim remedies that will permit the property owner to proceed with the use, enjoyment and development of the real property but that will not render moot any decision upholding the dedication, exaction or zoning regulation.

H. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters, and the court may award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party. The court may further award damages that are deemed appropriate to compensate the property owner for direct and actual delay damages on a finding that the county acted in bad faith.

I. A county or an agency or instrumentality of a county shall comply with the United States Supreme Court cases of Dolan v. City of Tigard, 512 U.S. 374 (1994), Nollan v. California Coastal Commission, 483 U.S. 825 (1987), Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987), Palazzolo v. Rhode Island, 533 U.S. 606 (2001), Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 320 (2002) and Arizona and federal appellate court decisions that are binding on Arizona counties interpreting or applying those cases.

§ 11-833 Standards for enactment of moratorium; land development; limitations; definitions

A. A county shall not adopt a moratorium on construction or land development unless it first:

1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adoption of the moratorium.

2. Makes written findings justifying the need for the moratorium in the manner provided for in this section.

3. Holds a public hearing on the adoption of the moratorium and the findings that support the moratorium.

B. For urban land or land subject to potential urbanization, a moratorium may be justified by demonstration of a need to prevent a shortage of essential public facilities that would otherwise occur during the effective period of the moratorium. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. A showing of the extent of need beyond the estimated capacity of existing essential public facilities expected to result from new land development, including identification of any essential public facilities currently operating beyond capacity and the portion of this capacity already committed to development, or in the case of water resources, a showing that, in an active management area as defined in section 45-402, an assured water supply cannot be provided, or outside an active management area, a sufficient water supply cannot be provided, to the new land development, including identification of current water resources and the portion already committed to development.

2. That the moratorium is reasonably limited to those areas of the county where a shortage of essential public facilities would otherwise occur and on property that has not received development approvals based on the sufficiency of existing essential public facilities.

3. That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining essential public facility capacity.

C. A moratorium not based on a shortage of essential public facilities under subsection B of this section may be justified only by a demonstration of compelling need for other public facilities, including police and fire facilities. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. For urban land or land subject to potential urbanization:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the county are not unreasonably restricted by the adoption of the moratorium.

(c) The reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(d) That the county has determined that the public harm that would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands and the overall impact of the moratorium on population distribution.

(e) That the city or town proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

2. For rural land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) The reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(c) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium.

(d) That the county proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

D. Any moratorium adopted pursuant to this section does not affect any express provision in a development agreement entered into pursuant to section 9-500.05 or as defined in section 11-1101 governing the rate, timing and sequencing of development, nor does it affect rights acquired pursuant to a protected development right granted according to chapter 9 of this title or title 9, chapter 11. Any moratorium adopted pursuant to this section shall provide a procedure pursuant to which an individual landowner may apply for a waiver of the moratorium's applicability to its property by claiming rights obtained pursuant to a development agreement, a protected development right or any vested right or by providing the public facilities that are the subject of the moratorium at the landowner's cost.

E. A moratorium adopted under subsection C, paragraph 1 of this section shall not remain in effect for more than one hundred twenty days, but such a moratorium may be extended for additional periods of time of up to one hundred twenty days if the county adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

1. Verify the problem requiring the need for the moratorium to be extended.

2. Demonstrate that reasonable progress is being made to alleviate the problem resulting in the moratorium.

3. Set a specific duration for the renewal of the moratorium.

F. A county considering an extension of a moratorium shall provide notice to the general public published once in a newspaper of general circulation in the community at least thirty days before a final hearing is held to consider an extension of a moratorium.

G. This section does not prevent a city or town from complying with any state or federal law, regulation or order issued in writing by a legally authorized governmental entity.

H. A landowner aggrieved by a county's adoption of a moratorium pursuant to this section, at any time within thirty days after the moratorium has been adopted, may file a complaint for a trial de novo in the superior court on the facts and the law regarding the moratorium. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters. The court may award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party.

I. For the purposes of this section:

1. "Compelling need" means a clear and imminent danger to the health and safety of the public.

2. "Essential public facilities" means water, sewer and street improvements and water resources to the extent that these improvements and water resources are provided by the county or private utility.

3. "Moratorium on construction or land development" means engaging in a pattern or practice of delaying or stopping issuance of permits, authorizations or approvals necessary for the subdivision and partitioning of, or construction on, any land. It does not include denial or delay of permits or authorizations because they are inconsistent with applicable statutes, rules, zoning or other ordinances.

4. "Rural land" means all property in the unincorporated area of a county or in the incorporated area of the city or town with a population of two thousand nine hundred or less persons.

5. "Urban land or land subject to potential urbanization" means all property in the incorporated area of a city or town with a population of more than two thousand nine hundred persons.

6. "Vested right" means a right to develop property established by the expenditure of substantial sums of money pursuant to a permit or approval granted by the city, town or county.

Article 5 Building Codes

§ 11-861 Adoption of codes by reference; limitations; method of adoption; fire sprinklers; fire apparatus access roads or approved routes; intent; state preemption; fire watch requirements; pool barrier gates; refrigerants

A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures, except that the board may authorize that areas zoned rural or unclassified may be exempt from the provisions of the code adopted. The codes may be adopted by reference after notice and hearings before the county planning and zoning commission and board of supervisors as provided in this chapter for amendments to the zoning ordinance of the county.

B. The board of supervisors may adopt a fire prevention code in the unincorporated areas of the county in which a fire district has not adopted a nationally recognized fire code pursuant to section 48-805. Any fire code adopted by a board of supervisors pursuant to this subsection shall remain in effect until a fire district is established and adopts a code applicable within the boundaries of the district.

C. For the purposes of this article, codes authorized by subsections A and B of this section shall be limited to the following:

1. Any building, electrical, plumbing or mechanical code that has been adopted by any national organization or association that is organized and conducted for the purpose of developing codes or that has been adopted by the largest city in that county. If the board of supervisors adopts a city code, it shall adopt, within ninety days after receiving a written notification of a change to the city code, the same change or shall terminate the adopted city code.

2. Any fire prevention code that has been adopted by a national organization or association organized or conducted for the purpose of developing fire prevention codes and that is as stringent as the state fire code adopted pursuant to section 37-1383.

D. The board of supervisors may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property. The board must follow written public procedures in developing and adopting the code and any revisions to the code to provide effective, early and continuous public participation through:

1. The broad dissemination and publicity of the proposed code and any revisions to the code.

2. The opportunity for submission and consideration of written public comments.

3. Open discussions, communications programs and information services.

4. Consultation with federal agencies and state and local officials.

E. The board of supervisors shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single-family detached residence or any residential building that contains not more than two dwelling units. The board of supervisors shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence. This subsection does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009. The provisions of this subsection shall be included on all fire sprinkler permit applications that are for a single-family detached residence or any residential building that contains not more than two dwelling units.

F. A fire sprinkler permit application may be in either print or electronic format.

G. A board of supervisors may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers. A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this subsection. Compliance with this subsection is not grounds to deny or suspend a license or permit. This subsection may be enforced in a private civil action and relief, including an injunction, may be awarded against a county. The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a county for a violation of this subsection. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom. A property owner's right to use the property owner's property must be protected from unreasonable abridgment by county regulation and enforcement. This subsection supersedes and preempts any regulation adopted by a county regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension. For the purposes of this subsection:

1. "Fire code" includes the international fire code, however denominated.

2. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower.

H. If a fire code adopted by a board of supervisors requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises. The county shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.

I. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by the board of supervisors applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools. Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the board of supervisors. This subsection does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36-1681, subsection B, paragraph 3.

J. Any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a county may not prohibit the use of refrigerants that are listed as acceptable pursuant to the clean air act (69 Stat. 322; 42 United States Code section 7671k) if the equipment used is listed and installed in accordance with the use conditions prescribed in the clean air act.

§ 11-861.01 Single family residences; solar water heating requirement

A. Any code adopted pursuant to this article may contain a provision requiring new single family residences in the county to be designed to facilitate the future installation of solar water heating equipment.

B. The phrase "facilitate the future installation" as used in subsection A means to provide readily accessible piping to allow for pipe fittings that will allow future connection into the system of solar water heating equipment.

§ 11-862 Advisory board; appointment; terms; duties

A. Any code adopted pursuant to this article shall contain a provision for an advisory board consisting of at least five members in order to determine the suitability of alternative materials and construction and to permit interpretations of the provisions of such code. The advisory board shall consist of at least five but not more than seven members and shall include at least members from the following categories, to the extent the persons meeting the qualifications are available within the county and are residents of such county:

1. An architect duly licensed in the state of Arizona.

2. A professional engineer duly licensed in the state of Arizona.

3. A general contractor duly licensed in the state of Arizona.

4. A person representing the public and a resident of the county.

5. A person engaged in the electrical, mechanical or plumbing trade.

B. If the advisory board consists of more than five members, the additional members may be engaged in the construction and design industry.

C. The county official charged with the enforcement of the code shall serve, without vote, as an ex officio member of the board and shall act as secretary.

D. Each appointee shall have substantial experience in the field covered by the particular code. Except as provided in subsection F of this section, members of the advisory board shall be appointed by the board of supervisors. Members shall be appointed for a term of four years, staggered so that at least one but no more than two terms expire each year. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made.

E. The functions and duties of the advisory board may be specified by regulation by the board of supervisors.

F. If the county and a city or town contract to provide for enforcement of codes pursuant to section 11-863, by intergovernmental agreement pursuant to chapter 7, article 3 of this title, the manner in which appointments are made to the advisory board may be specified in the agreement.

§ 11-863 Contract by county and city for enforcement; rules and regulations; fees for permits

A. Any county may contract with a city or town to provide for enforcement of such codes or rules and regulations adopted pursuant thereto.

B. The board may adopt necessary rules and regulations for the enforcement of any code adopted under this article, provided that any such rules or regulations relating to inspections shall require that such inspections be made at the earliest reasonable time.

C. The board may establish and charge reasonable fees for permits issued and inspections made pursuant to any code.

§ 11-864 Publication of ordinance adopting code

Any code authorized by this article may be enacted without setting forth in full the provisions, but the adopting ordinance shall be published in full. At least three paper copies or one paper copy and one electronic copy maintained in compliance with section 44-7041 of the code shall be filed in the office of the clerk of the board of supervisors or the county planning and zoning department and kept available for public use and inspection. A code enacted by reference may be amended in the same manner.

§ 11-865 Exemptions; exception

A. This article does not apply to:

1. Construction or operation incidental to construction and repair to irrigation and drainage ditches or appurtenances thereto, of regularly constituted districts or reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture or stock or poultry raising, or clearing or other work on land in rural areas for fire prevention purposes.

2. Devices used in manufacturing, processing or fabricating normally considered as involved in industry and construction, operation and maintenance of electric, gas or other public utility systems operated by public service corporations operating under a franchise or certificate of convenience and necessity.

B. Notwithstanding subsection A of this section, the requirements of this article apply to the use or occupation of land or improvements by a person or entity consisting of or including changing, remanufacturing or treating human sewage or sludge for distribution or resale.

C. If an owner of property that is classified as two(R) agricultural property pursuant to section 42-12002, paragraph 1, subdivision (a), (b) or (d) and that is exempt pursuant to this section desires to change the agricultural use of all or part of the property, the property owner shall not implement a change endangering public health or safety.

§ 11-866 Penalties

A penalty clause contained in a code adopted by reference shall not be adopted by reference but shall be set forth in full in the adopting ordinance. The penalty provisions of section 11-815 may be applied by the county in enforcing this article.

§ 11-867 State preemption; utilities; restrictions; prohibition; limitation; definition

A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a county pursuant to this section.

B. Any code, ordinance, land use restriction or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a county may not prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a person's or entity's property.

C. A county may not impose a fine, penalty, or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers.

D. This section does not affect any authority of a county to manage the public highways within the county's boundaries or to exercise the county's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.

E. This section does not affect any authority of a county to manage or operate a county-owned utility.

F. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.

Article 6 Air Quality

§ 11-871 Emissions control; no burn; exemptions; penalty

A. A county that contains any part of area A, as defined in section 49-541, shall develop, implement and enforce in area A, as defined in section 49-541, an ordinance relating to residential wood burning restrictions, including a no burn restriction when monitoring or forecasting by the department of environmental quality predicts the carbon monoxide standard is likely to be exceeded.

B. On or before October 31, 2007, a county that contains any part of area A, as defined in section 49-541, shall amend the ordinance prescribed by subsection A of this section to include a no burn restriction for any high pollution advisory day forecast by the department of environmental quality for particulate matter.

C. The ordinance shall provide an exemption for the use of residential wood stoves, wood fireplaces or gas fired fireplaces that comply with any of the following:

1. Provides the sole or primary source of heat or fuel for cooking for a residence.

2. Meets performance standards for new residential wood heaters manufactured on or after July 1, 1990 or sold at retail on or after July 1, 1992 as prescribed by 40 Code of Federal Regulations part 60, subpart AAA.

3. Burns gaseous fuels, including gas logs.

4. Meets rules adopted by the board of supervisors as prescribed in section 49-479 for burning wood in approved appliances.

D. The ordinance shall provide that a person who violates an ordinance adopted pursuant to this section is subject to:

1. A warning for the first violation.

2. The imposition of a civil penalty of fifty dollars for the second violation.

3. The imposition of a civil penalty of one hundred dollars for the third violation.

4. The imposition of a civil penalty of two hundred fifty dollars for the fourth or any subsequent violation.

E. For violations of ordinances adopted pursuant to this section, the control officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The control officer may issue citations to persons in violation of ordinances adopted pursuant to this section.

§ 11-872 Control techniques; rules; schedule for adoption

A. If the administrator of the United States environmental protection agency makes a finding relating to area A, as defined in section 49-541, pursuant to the clean air act amendments of 1990 (P.L. 101-549), section 172, the county shall adopt by rule the necessary emission limitations or other standards reflecting control techniques guidelines issued by the United States environmental protection agency pursuant to the clean air act amendments of 1990, section 183 in order to achieve emissions reductions sufficient to respond to the finding.

B. The county shall begin to develop rules that incorporate the provisions of the control techniques guidelines being developed by the United States environmental protection agency. The rule making process shall parallel as closely as possible the United States environmental protection agency process and incorporate adequate public notice and comment. The county shall make every practical effort to assure the rules are consistent with the concepts and provisions embodied in the United States environmental protection agency process. Within sixty days after the formal adoption of the United States environmental protection agency control techniques guidelines for an industry sector, the county shall adopt rules, emission limitations or other standards reflecting such guidelines. If the guidelines are required pursuant to subsection A of this section prior to formal adoption by the administrator of the guidelines, the county rules shall become effective within sixty days after the United States environmental protection agency finding. The county shall determine which industry sector shall be subject to the requirements of this section.

C. If the director of the department of environmental quality determines that emissions inventory data, monitoring information and modeling or projections indicate it is likely that reasonable further progress or attainment will not be achieved in order to comply with the clean air act amendments of 1990 or achieve or maintain national ambient air quality standards or other air quality standards applicable to ozone precursors, the county shall adopt rules necessary to achieve emissions reductions to achieve reasonable further progress or attainment. The rules shall be based on technically feasible controls to reduce the emissions of volatile organic compounds from industry sectors that the United States environmental protection agency is considering for control technique guidelines.

D. All emissions reductions required pursuant to this section shall be achieved for purposes of the one-hour ozone standard no later than June 1, 1996 and for purposes of the eight-hour averaged ozone standard no later than December 31, 2008.

§ 11-873 Rules; industry sectors; enhanced enforcement

A county with a population of more than one million two hundred thousand persons as determined by the most recent United States decennial census that contains a nonattainment area as defined in section 49-401.01 shall develop, implement and enforce rules regulating the emissions from the graphic arts industry sector, the architectural and industrial coatings industry sector, the highway markings industry sector, bulk plants and terminal and tank truck unloading operations. The enforcement shall be enhanced through programs that may include increased frequency or targeting of inspections, increased sampling frequency, use of portable analyzers or any other technique.

§ 11-874 Control of area sources; rules; industry sectors

A county with a population of more than one million two hundred thousand persons as determined by the most recent United States decennial census that contains a nonattainment area as defined in section 49-401.01 shall develop, implement and enforce rules regulating the emissions from all of the following:

1. Wood coatings industry sector, through the use of technically feasible controls to reduce the emissions of volatile organic compounds. The rules shall require the reduction of a minimum of twenty-five per cent from the 1990 baseline emissions by November 15, 1995.

2. Commercial bakery industry sector, through the use of technically feasible controls to reduce the emissions of volatile organic compounds. The rules shall require the reduction of a minimum of thirty per cent from the 1990 baseline emissions by November 15, 1995.

3. Consumer and commercial products industry sector, through changes in the formulation of any product used in the cleaning of automobile windshields that contains a concentration of not more than thirty per cent by weight of volatile organic compounds as an ingredient, a solvent or any other component by November 15, 1995. The rules shall require those reductions to be achieved before the development of control techniques guidance standards developed by the United States environmental protection agency for that industry sector. If the administrator of the United States environmental protection agency finds that area A, as defined in section 49-541, has failed to demonstrate reasonable further progress or has failed to attain the national ambient air quality standards for ozone by the applicable attainment date, the county shall adopt the control techniques guidelines issued by the environmental protection agency for the industry sector.

4. Solvent cleaning operations, including the use of nonaqueous solvents. The regulations may include the use of low vapor pressure organic solvents, reformulated lower volatile organic compound content solvents or low volatile organic compound aqueous material substitutes. The rules adopted pursuant to this paragraph are exempt from the provisions of sections 49-112 and 49-479.

§ 11-875 Clean burning fireplace ordinance

A. By December 31, 1998, a county that contains any portion of area A as defined in section 49-541 shall adopt, implement and enforce an ordinance that complies with the clean burning fireplace standards adopted by the metropolitan planning organization that is responsible for air quality planning in area A. A county that contains any portion of area A as defined in section 49-541 that has a population of less than one million two hundred thousand persons according to the most recent United States decennial census shall adopt, implement and enforce the ordinance only in those portions of the county which are located in area A. The ordinance shall prohibit the installation or construction of a fireplace or wood stove in area A unless it is one of the following:

1. A fireplace that has a permanently installed gas or electric log insert.

2. A fireplace, a wood stove or any other solid fuel burning appliance that is any of the following:

(a) Certified by the United States environmental protection agency as in compliance with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(b) A wood stove tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(c) Determined by the county air quality control officer to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

3. A fireplace that has a permanently installed wood stove insert that complies with paragraph 2, subdivision (a), (b) or (c) of this section.

B. The ordinance shall prohibit the subsequent conversion or alteration of a permitted fireplace or wood stove to a nonpermitted use.

C. The ordinance may provide for exemptions from regulation for heating or industrial equipment, cooking devices and outdoor fireplaces.

§ 11-876 Engine idling restrictions; exemptions; applicability; civil penalty; definition

A. By July 1, 2002, a county that contains any portion of area A as defined in section 49-451 shall adopt, implement and enforce ordinances that place limits on the maximum idling time for engines that propel heavy-duty diesel vehicles with a gross vehicle weight rating of more than fourteen thousand pounds. The ordinances shall at least include exemptions for:

1. Certain types of vehicles, such as police, fire and other emergency vehicles.

2. Certain types of situations such as traffic delays or the need for a driver to sleep in the vehicle.

3. Certain types of equipment operations, such as refrigeration of cargo.

B. A county with a population of less than one million two hundred thousand persons shall adopt, implement and enforce the ordinances required by this section only for those portions of the county that are located in area A.

C. Any other county may adopt, implement and enforce ordinances that comply with this section.

D. A driver who violates an ordinance adopted pursuant to this section is subject to:

1. The imposition of a civil penalty of one hundred dollars for the first violation.

2. The imposition of a civil penalty of three hundred dollars for a second or any subsequent violation.

E. Ordinances adopted pursuant to this section may be enforced by a county control officer or any law enforcement officer who is authorized to enforce traffic laws. For violations of ordinances adopted pursuant to this section, an officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The officer may issue citations to persons who violate an ordinance adopted pursuant to this section.

F. In enforcing ordinances adopted pursuant to this section, a county control officer or authorized law enforcement officer shall only issue one citation per traffic stop or investigation of a driver whose vehicle exceeds the maximum idling limits established pursuant to this section.

G. For the purposes of this section, "idling" means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is no load on the engine.

§ 11-877 Air quality control measures

A. In order to reduce particulate matter in ambient air, the board of supervisors of any county that contains any portion of area A, as defined in section 49-541, shall develop, implement and enforce in area A the following air quality control measures:

1. Beginning on the effective date of this section, prohibit employees or contractors of that county from operating leaf blowers on any high pollution advisory day forecast by the department of environmental quality except while in vacuum mode and prohibit those employees or contractors from blowing landscape debris into public roadways at any time.

2. No later than March 31, 2008, adopt, implement and enforce an ordinance that bans the blowing of landscape debris into public roadways at any time by any person.

3. No later than March 31, 2008, adopt, implement and enforce an ordinance that prohibits the operation of leaf blowers except on surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, or grass or other continuous vegetative cover, or any combination of those stabilizers.

B. This section does not apply to any site that has a permit issued by a control officer as defined in section 49-471 for the control of fugitive dust from dust generating operations.

Chapter 7 Intergovernmental Operations

Article 1 Public Libraries

§ 11-901 Establishment and maintenance of libraries

The board of supervisors may either:

1. Establish and maintain, within the county, a county free library district in the manner and with the powers prescribed in this article and title 48, chapter 24.

2. Establish, operate and maintain a county free library system using county general fund monies.

§ 11-903 City or town joining or withdrawing from county library district

A. After the establishment of a free county library district as provided in this article and title 48, chapter 24, article 1, the governing body of any incorporated city or town in the county may notify the board of supervisors that the city or town desires to become a part of the county free library district, and thereafter the city or town shall be a part thereof and its inhabitants shall be entitled to the benefits of the county free library.

B. The governing body of an incorporated city or town in the county may at any time notify the board that the city or town no longer desires to be a part of the county free library district, and thereafter the city or town shall cease to participate in the benefits of the county free library.

C. The governing body of an incorporated town or city shall publish once each week for three successive weeks, prior either to giving or to withdrawing such notice, notice of its contemplated action in a newspaper of general circulation in the city or town, designated by the governing body, giving therein the date, place and time of the meeting at which such action is proposed to be taken.

§ 11-904 Contracts for third party to assume function of county free library; termination

A. Instead of establishing a separate county free library, the board of supervisors may enter into a contract under this section with any of the following:

1. The board of library trustees or other authority in charge of the free public library of a city or town, and the board of library trustees or other authority in charge may make such a contract.

2. The governing board of a school district.

3. The governing board of a community college district.

4. A nonprofit corporation.

B. The contract may provide that the city or town, school district, community college district or nonprofit corporation shall assume the functions of a county free library within the county, including the cities and towns therein. The board of supervisors may pay the amount agreed on in the contract to the city or town, school district, community college district or nonprofit corporation. Either party may terminate the contract by giving six months' notice of intention to do so.

§ 11-906 Board of library examiners; membership; compensation; powers and duties

A. The board of library examiners is established consisting of the director of the Arizona state library, archives and public records, who shall serve as the ex officio chairperson, the librarian of the university of Arizona, the librarian of the Phoenix public library and two county librarians who are appointed by the director of the Arizona state library, archives and public records. The county librarian members shall serve one year terms, and the director shall appoint the county librarian members on a rotating basis to represent each county free library.

B. The members of the board may not receive compensation for their services except actual and necessary travel expenses which shall be paid from the general fund.

C. The board shall pass on the qualifications of persons desiring to become county librarians and, in writing, may adopt rules not inconsistent with law for its government and to carry out the purposes of this article.

§ 11-908 County librarian; certificate

A. Upon establishment of a county free library, the board of supervisors shall appoint a county librarian to serve at the pleasure of the board.

B. No person shall be eligible for appointment to the office of county librarian unless prior to appointment he has received from the board of library examiners a certificate of qualification for the office.

§ 11-909 General supervision; branch libraries; employees

A. The county free library shall be under the general supervision of the board of supervisors, which may make general rules and regulations regarding the policy of the county free library, and establish, upon recommendation of the county librarian, branches and stations throughout the county which may be located in incorporated or unincorporated cities and towns when deemed advisable.

B. The board may determine the number and kind of employees of the library, and may appoint and dismiss such employees upon recommendation of the county librarian. An employee shall not be removed except for cause, and in case a removal is made upon the ground that the services of the employee are no longer required, the removed employee shall have the first right to be restored to employment when such services are again required, but the board may at the time of employing an employee, and upon the recommendation of the county librarian, enter into an agreement that the employee be employed for a definite time only.

C. All employees of the county free library whose duties require special training in library work shall be classified in grades to be established by the county librarian, with the advice and approval of the board of library examiners, according to the duties required of them, experience in library work and other qualifications for the service required. Before appointment to a position in classified service, the candidate shall pass an examination appropriate to the position sought, satisfactory to the county librarian, and disclose a satisfactory experience in library work. Work in approved library schools or libraries, or certificates issued by the board of library examiners, may be accepted by the county librarian in lieu of such examination.

D. The county librarian may accept as apprentices, without compensation, persons possessing personal qualifications satisfactory to him and may dismiss them at any time if in his judgment their work is not satisfactory.

§ 11-910 Supervision by director of the Arizona state library, archives and public records; semiannual convention of county librarians

A. All county free libraries established under this article shall be under the general supervision of the director of the Arizona state library, archives and public records. The director or an assistant to the director shall periodically visit the libraries and inquire into their condition.

B. The director shall twice a year call a convention of county librarians to convene at such time and place as the director deems most convenient for the discussion of questions pertaining to supervision and administration of the county free libraries, the laws relating to county free libraries and such other subjects affecting the welfare and interest of the libraries as are proper.

C. All county librarians shall attend and take part in the proceedings of the convention.

§ 11-911 Reports by county librarian

The county librarian shall, on or before July 31 of each year, report to the board of supervisors and to the director of the Arizona state library, archives and public records on the condition of the county free library for the year ending on the preceding June 30. The report, in addition to other matters deemed expedient by the county librarian, shall contain statistical and other information deemed desirable by the director. For this purpose the director may send to the county librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state.

§ 11-913 County free library district fund; custody

Funds of the county free library district, whether derived from taxation or otherwise, shall be deposited with the county treasurer. They shall constitute a separate fund, called the county free library district fund, and shall be used for the county free library. Each claim against the county free library district fund shall be authorized and approved by the county librarian or, in his absence from the county, by his assistant. Claims shall be approved and paid in the same manner as other claims against the county.

§ 11-914 Gift, bequest or devise to county free library; title to property

A. The board of supervisors acting as the board of directors of the county free library district may receive, on behalf of the county, any gift, bequest or devise for the county free library, or for any branch or subdivision thereof.

B. The title to the property used by the county free library district shall be vested in the district except that if the property is owned by a nonprofit corporation prior to the effective date of this section, it shall remain the property of the nonprofit corporation.

Article 2 Public Parks

§ 11-931 Definitions

In this article, unless the context otherwise requires:

1. "Governing body" means the board of supervisors of a county, or the council or other governing body of a municipality, as the case may be.

2. "Municipality" means an incorporated city or town.

3. "Public park" means a park, parkway, trail, recreational area or playground established, maintained or administered by a county, city or town.

§ 11-932 Acquisition of property for park purposes; dedication; eminent domain; authority to make improvements

A. Notwithstanding the ten-year limitation prescribed in section 11-256, a county or municipality may purchase, enter into contracts to purchase, acquire by lease or sublease and lease or sublet for any term, or obtain by gift or accept by grant from the United States or other governmental agency real property, within or without its territorial limits, and may hold, maintain and improve it for the use and purpose of a public park, and it may dedicate property already owned to a like purpose. A county or municipality may enter into contracts for any term for the operation of any such public parks. A county or municipality may expend public funds for improvements on lands dedicated, or acquired by lease or sublease for any term, or by agreement or contract of purchase, under the provisions of this section.

B. This section shall not affect the right of a county or municipality to acquire property by proceedings in eminent domain.

§ 11-933 Cooperative agreements between governing bodies; prohibitions; agreement with United States or others

A. The governing body of a county or municipality may enter into a cooperative agreement with the United States, a state, the governing body of another county or municipality, or a private legal entity, within or without the state, for the establishment, development, maintenance or administration of a public park.

B. A county or municipality entering into an agreement with the United States or a state for the establishment, development, maintenance or administration of a public park shall obtain permission in advance from any person or persons already using any multiple-use public domain or state land for another purpose. The county or municipality shall also reimburse such person or persons for all improvements on such land and for the vested rights of such person or persons in such property. An agreement entered into between the governing body of a county and the United States or an instrumentality thereof under the terms of this subsection for the establishment, development or maintenance of a public park may provide for supervision and control of the park by the United States or an agency or instrumentality thereof.

§ 11-934 Parks and recreation commission; appointment; meetings

A. A county may establish a parks and recreation department. The board of supervisors may establish a county parks commission or may supervise and control all county parks and recreation programs. If the board of supervisors elects to supervise and control county parks and recreation programs, the board of supervisors shall have all of the powers of a parks commission under this article.

B. Except as provided in subsection A, the governing body shall appoint a county parks commission to consist of not more than fifteen members. Commission members representing all supervisorial districts shall be appointed for terms of six years which shall be arranged so that the terms of one third of the members shall expire every two years.

C. The commission shall meet at least two times annually, and additional meetings may be held at any time or place within the county. Meetings may be held at the call of the chairman or a majority of the commission members. A majority of the commission shall constitute a quorum to transact business.

D. If the county board of supervisors elects to supervise and control county parks and recreation programs, the board of supervisors shall appoint a parks and recreation advisory commission to advise the board in matters relating to county parks and recreation programs.

§ 11-935 Powers and duties

A. The commission shall supervise and control all county parks and all county recreational programs and establish and supervise law enforcement training programs for park rangers empowered to apprehend rule violators under section 11-938.

B. The commission may:

1. Direct the appointment of a full or part-time supervisor of county parks and recreational programs at a salary to be fixed by the governing body.

2. Make reasonable rules for the proper use, management, government and protection of, and maintenance of good order in, all public parks under its supervision and control, but the rules shall be related to preservation of public property, natural features and curiosities, or preservation of public health and safety in the parks and recreational areas.

3. Prescribe fees to be paid for the use of public parks facilities, which shall not be in excess of the amount required to improve and maintain the parks. These fees shall be approved by the governing body.

4. Establish broad policies and long-range programs for the acquisition, planning, development, maintenance and operation of the county parks.

5. Provide for the assembling and distribution of information to the public relating to programs and activities of the department.

6. Appoint any of its officers or employees as park ranger law enforcement officers. An appointee must meet the minimum qualifications prescribed pursuant to section 41-1822 for law enforcement officers. Park ranger law enforcement officers have the authority of peace officers and their duties shall include:

(a) Enforcing this article and the rules adopted pursuant to this article.

(b) Protecting the parks and recreational areas and other public areas under the commission's supervision and control against damage.

(c) Preserving the peace and public health and safety.

§ 11-935.01 Open space land acquisition

The acquisition of interests or rights in real property for the preservation of open spaces or areas constitutes a public purpose for which public funds may be expended or advanced. For the purposes of this section, "open space lands or open area" means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources, or the production of food and fiber.

§ 11-936 Rules; notice

Prior to final adoption, amendment or repeal by the commission of any rule, the commission shall hold a public hearing thereon for the purpose of gaining public acceptance of the adoption, amendment or repeal of the rule. The commission shall publish one notice in a newspaper of general circulation in the county at least twenty days prior to the hearing specifying the time and place the hearing will be held, together with the text of the proposed rule or amendment or repeal of a rule. Every rule or amendment or repeal of a rule shall state the date on which it takes effect.

§ 11-937 Tax levy; appropriations

The governing body of a county or municipality may levy a tax for the acquisition and maintenance of public parks in the manner provided by law for the levy of taxes for other county or municipal purposes, or it may appropriate otherwise unappropriated funds for such purpose.

§ 11-938 Agreement to appear in court

County parks rangers are authorized to take any person before a magistrate within the county in which the offense is committed for a violation of any of the rules and regulations passed pursuant to this article, but any person apprehended for violating any of the rules or regulations passed pursuant to this article punishable as a misdemeanor may be issued a notice to appear before such magistrate bearing the date, time and place for such appearance, the offense charged, and the location or approximate location where the violation was committed. The notice to appear shall be signed by the person notified to appear, and he shall be given a copy thereof and thereupon released from custody. Failure of such person to appear at the time and place specified shall be cause for issuance of a warrant for his arrest.

§ 11-939 Powers of park rangers

Park rangers, in addition to the duties imposed by the parks commission, shall have authority to execute all warrants issued for a violation of any of the rules and regulations adopted by the parks commission, and may execute subpoenas issued in any matter arising under this article.

§ 11-940 Violations; classification

A person who violates any rule or regulation adopted pursuant to this article is guilty of a class 2 misdemeanor.

§ 11-941 County parks operation and enhancement fund; publication and souvenir revolving fund; investment; transfer

A. A county through its board of supervisors or through a duly authorized and established parks and recreation department pursuant to section 11-934 may establish a county parks operation and enhancement fund for the purpose of operating and enhancing facilities and services at existing county parks or acquiring real estate for additional county parks or expansion of existing county parks. The fund consists of monies budgeted for that purpose by the board of supervisors, grants, unconditional gifts and donations specifically designated for the fund, all monies derived from county park user fees, concession contract fees, excess fees generated from the county parks publication and souvenir revolving fund in subsection D of this section and other revenue generating activities.

B. Notwithstanding the provisions of section 23-504, a county through its board of supervisors or through a duly authorized and established parks and recreation department pursuant to section 11-934 may establish a county parks publication and souvenir revolving fund consisting of monies received from the sale of county parks oriented services, souvenirs, sundry items or informational publications that are uniquely prepared for use in county parks by the public. Notwithstanding section 11-492, the monies in the fund shall be used exclusively to produce, purchase and distribute county parks publications and information and operate concessions selling publications, souvenirs, services and sundry items and provide services for sale by the county or the county parks and recreation department. A county may sell at retail, on at least a cost recovery basis, only those publications, souvenirs, sundry items and services that are not provided at the county park with equivalent convenience to the public by private concessionaires or by concessionaires having a contract with the county at a county park to provide those publications, souvenirs, sundry items or services. If, after the county begins selling publications, souvenirs, sundry items and services not provided at the park by a private concessionaire, a qualified private concessionaire wishes to provide such publications, souvenirs, sundry items and services in a manner that is consistent with the county's development plan for the park, the county shall request competitive proposals from private concessionaires to provide all or a portion of publications, souvenirs, sundry items and services instead of the county at the option of the bidder. Existing concession facilities shall be made available as part of the concession contract.

C. The monies in the county parks enhancement fund and the county parks publication and souvenir revolving fund shall be invested pursuant to title 35, chapter 2, article 2.1, and monies earned from investment shall be credited to each fund separately.

D. At the end of each fiscal year all monies in the county parks publication and souvenir revolving fund in excess of twenty-five thousand dollars shall be transferred to the county parks enhancement fund and held for the specific use of the operation and enhancement of county parks pursuant to subsection A of this section.

Article 3 Joint Exercise of Powers

§ 11-951 Definition of public agency

For the purposes of this article, "public agency" includes:

1. The federal government or any federal department or agency.

2. Indian tribes.

3. This state or any other state.

4. All departments, agencies, boards and commissions of this state or any other state.

5. Counties.

6. School districts.

7. Fire districts.

8. Cities.

9. Towns.

10. All municipal corporations.

11. Political subdivision entities as defined in section 38-711.

12. Any other political subdivisions of this state or any other state.

§ 11-952 Intergovernmental agreements and contracts

A. If authorized by their legislative or other governing bodies, two or more public agencies or public procurement units by direct contract or agreement may contract for services or jointly exercise any powers common to the contracting parties and may enter into agreements with one another for joint or cooperative action or may form a separate legal entity, including a nonprofit corporation, to contract for or perform some or all of the services specified in the contract or agreement or exercise those powers jointly held by the contracting parties.

B. Any such contract or agreement shall specify the following:

1. Its duration.

2. Its purpose or purposes.

3. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking.

4. The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property on such partial or complete termination.

5. If a separate legal entity is formed pursuant to subsection A, the precise organization, composition, title and nature of the entity.

6. Any other necessary and proper matters.

C. No agreement made pursuant to this article shall relieve any public agency of any obligation or responsibility imposed on it by law.

D. Except as provided in subsection E, every agreement or contract involving any public agency or public procurement unit of this state made pursuant to this article, before its execution, shall be submitted to the attorney for each such public agency or public procurement unit, who shall determine whether the agreement is in proper form and is within the powers and authority granted under the laws of this state to such public agency or public procurement unit.

E. A federal department or agency or public agency of another state that is a party to an agreement or contract made pursuant to this article is not required to submit the agreement or contract to the attorney for the department or agency unless required under federal law or the law of the other state.

F. Appropriate action by ordinance or resolution or otherwise pursuant to the laws applicable to the governing bodies of the participating agencies approving or extending the duration of the agreement or contract shall be necessary before any such agreement, contract or extension may be filed or become effective.

G. An agreement or contract may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement.

H. Payment for services under this section shall not be made unless pursuant to a fully approved written contract.

I. A person who authorizes payment of any monies in violation of this section is liable for the monies paid plus twenty percent of such amount and legal interest from the date of payment.

J. Notwithstanding any other provision of law, public agencies may enter into a contract or agreement pursuant to this section with the superior court, justice courts and municipal courts for related services and facilities of such courts for a term not to exceed ten years, with the approval of such contract or agreement by the presiding judge of the superior court in the county in which the court or courts that provide the facilities or services are located.

§ 11-952.01 Public agency pooling of property, fidelity, liability, workers' compensation, life, health, accident and disability coverage; exemptions; board of trustees; contract; termination; audit; insolvency; definition

A. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article for the joint purchasing of insurance, including prepaid legal insurance or reinsurance, or to pool retention of their risks for property, fidelity and liability losses and to provide for the payment of such property loss, fidelity loss, prepaid legal insurance or claim of liability made against any member of the pool, including any elected or appointed official, officer or employee covered by the pool, on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party.

B. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article to establish a workers' compensation pool to provide for the payment of workers' compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party. A workers' compensation pool established pursuant to this subsection may provide coverage for workers' compensation, employers' liability and occupational disease claims. A workers' compensation pool is subject to approval as a self-insurer by the industrial commission of Arizona pursuant to section 23-961, subsection A, paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that chapter in addition to the requirements of this section. The industrial commission of Arizona, by rule, resolution or order, may adopt requirements for the administration of a workers' compensation pool under this subsection, including separation or commingling of funds, accounting, auditing, reporting, actuarial standards and procedures.

C. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements for the joint purchase of life insurance, disability insurance, accident insurance or health benefits plan insurance or may pool retention of their risks of loss for life, disability, health or accident claims made against any public agency member of the pool or to jointly provide the health and medical services authorized in section 36-2907. Public agencies may establish pools for the purposes of this subsection by any of the following methods:

1. On a cooperative or contract basis.

2. By the formation of a nonprofit corporation.

3. By contracts or intergovernmental agreements with the Arizona health care cost containment system administration.

4. By the execution of a trust agreement directly by the agencies or by contracting with a third party.

D. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article for the joint purchasing of insurance for property, liability or workers' compensation losses or to pool retention of their risks for property and liability loss to cover the public agency, its elected officials and employees and the contractor and subcontractor of every tier engaged in the performance of a construction project for the public agency. Public agencies may establish pools for the purposes of this subsection by any of the following methods:

1. On a cooperative or contract basis.

2. By the formation of a nonprofit corporation.

3. By the execution of a trust agreement directly by the agencies or by contracting with a third party.

E. Section 10-11301 does not apply to nonprofit corporations formed pursuant to this section.

F. Title 41, chapter 23 does not apply to the procurement of insurance or reinsurance, or to the procurement of the services provided for in subsection K, paragraph 8 of this section, by any pool established pursuant to this section.

G. Title 43 does not apply to any pool established pursuant to this section. Any pool established pursuant to this section is exempt from taxation under title 43.

H. Each pool shall be operated by a board of trustees consisting of at least three persons who are elected officials or employees of public entities within this state. The board of trustees shall notify the director of the department of insurance and financial institutions of the existence of the pool and shall file with the director and with the attorney general a copy of the intergovernmental agreement or contract. The board of trustees of each group shall do all of the following:

1. Establish terms and conditions of coverage within the pool, including exclusions of coverage.

2. Ensure that all claims are paid promptly.

3. Take all necessary precautions to safeguard the assets of the group.

4. Maintain minutes of its meetings.

5. Designate an administrator to carry out the policies established by the board of trustees and to provide day-to-day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator.

6. If the pool is a workers' compensation pool, file a copy of the agreement with the director of the industrial commission of Arizona.

I. If the pool includes private, nonprofit educational institutions, each private, nonprofit educational institution shall post a bond, cash deposit or other comparable financial security in an amount that is equal to at least one and one-half times the amount of the private, nonprofit educational institution's annual premium to ensure payment of the school's or institution's legal liabilities and other obligations if the pool is determined to be insolvent or is otherwise found to be unable to discharge the pool's legal liabilities and other obligations pursuant to subsection N of this section.

J. The board of trustees shall not:

1. Extend credit to individual members for payment of a premium, except pursuant to payment plans established by the board.

2. Borrow any monies from the group or in the name of the group except in the ordinary course of business.

K. In addition to the requirements of section 11-952, a contract or agreement made pursuant to this section shall contain the following:

1. A provision for a system or program of loss control.

2. A provision for termination of membership, including either:

(a) Cancellation of individual members of the pool by the pool.

(b) Election by an individual member of the pool to terminate its participation.

3. A provision requiring the pool to pay all claims for which each member incurs liability during each member's period of membership.

4. A provision stating that each member is not relieved of its liability incurred during the member's period of membership except through the payment of losses by the pool or by the member.

5. A provision for the maintenance of claim reserves equal to known incurred losses and an estimate of incurred but not reported claims.

6. A provision for a final accounting and settlement of the obligations of or refunds to a terminating member to occur when all incurred claims are concluded, settled or paid.

7. A provision that the pool may establish offices where necessary in this state and employ necessary staff to carry out the purposes of the pool.

8. A provision that the pool may retain legal counsel, actuaries, auditors, engineers, private consultants and advisors.

9. A provision that the pool may make and alter bylaws and rules pertaining to the exercise of its purpose and powers.

10. A provision that the pool may purchase, lease or rent real and personal property it deems necessary.

11. A provision that the pool may enter into financial services agreements with banks and other financial institutions, that it may issue checks in its own name and that it may invest its monies in equity securities, mutual funds and investment funds registered with the United States securities and exchange commission, debt obligations and any eligible investment allowed by section 35-323.

L. A pool or a terminating member shall provide at least ninety days' written notice of the termination or cancellation. A workers' compensation pool shall notify the industrial commission of Arizona of the termination or cancellation of a member thirty days before the termination or cancellation of the member.

M. The pool shall be audited annually at the expense of the pool by a certified public accountant, with a copy of the report submitted to the governing body or chief executive officer of each member of the pool and to the director of the department of insurance and financial institutions. The board of trustees of the pool shall obtain an appropriate actuarial evaluation of the claim reserves of the pool, including an estimate of the incurred but not reported claims. The department of insurance and financial institutions shall examine each public agency pool once every five years. The director of the department of insurance and financial institutions may examine a public agency pool sooner than five years from the preceding examination if the director has reason to believe that the pool is insolvent. The costs of any examination shall be paid by the pool subject to the examination.

N. If, as a result of the annual audit or an examination by the director of the department of insurance and financial institutions, it appears that the assets of the pool are insufficient to enable the pool to discharge its legal liabilities and other obligations, the director of the department of insurance and financial institutions shall notify the administrator and the board of trustees of the pool of the deficiency and the director's list of recommendations to abate the deficiency, including a recommendation not to add any new members until the deficiency is abated. If the pool fails to comply with the recommendations within sixty days after the date of the notice, the director shall notify the chief executive officer or the governing bodies, if any, of the members of the pool, the governor, the president of the senate and the speaker of the house of representatives that the pool has failed to comply with the recommendations of the director.

O. If a pool is determined to be insolvent or is otherwise found to be unable to discharge its legal liabilities and other obligations, each agreement or contract shall provide that the members of the pool shall be assessed on a pro rata basis as calculated by the amount of each member's annual contribution in order to satisfy the amount of deficiency. The assessment shall not exceed the amount of each member's annual contribution to the pool.

P. A pool established pursuant to this section may make available programs providing for insurance coverages described in subsections A, B and C of this section to those charter schools governed by section 15-183, subsection M and, except for a workers' compensation pool, to private, nonprofit educational institutions.

Q. In addition to the authority set forth in this title, a pool established pursuant to this section may invest public monies on behalf of pool members, but any such investments shall be limited to those allowed by section 35-323, except as provided in section 15-1225, subsection G. A pool established pursuant to this section may not invest monies that are required by law to be deposited with a county treasurer.

R. A pool established pursuant to this section, by the adoption of a resolution of continuing effect, may authorize and request the state treasurer to invest funds for the pool pursuant to section 35-326.

S. A pool established pursuant to this section may offer services on behalf of pool participants that participate in the unemployment insurance program administered by the department of economic security, including the option to make payments in lieu of contributions as allowed by sections 23-750 and 23-751. The pool is deemed an agent of the pool participants as employers for the purposes of title 23, chapter 4.

T. For the purposes of this section, "health benefits plan" means a hospital or medical service corporation policy or certificate, a health care services corporation contract, a multiple employer welfare arrangement or any other arrangement under which health and medical benefits and services are provided to two or more persons.

§ 11-952.02 Separate legal entities; joint exercise of powers

A. If public agencies identified in subsection B of this section form a separate legal entity pursuant to section 11-952, the entity has the common powers specified in the agreement and may exercise them in a manner or according to the method provided in the agreement. Notwithstanding title 38, an officer or elected member of the governing body of a party to the agreement may also act in the capacity of a member of the governing body of the separate legal entity. In its own name and subject to the provisions of the agreement, the separate legal entity, subject to existing applicable law, may:

1. Make and enter into contracts, including contracts, leases or other transactions with one or more of the parties to the agreement forming the separate legal entity.

2. Employ agents and employees.

3. Acquire, hold or dispose of property.

4. Acquire, construct, manage, maintain and operate buildings, works, infrastructure and improvements.

5. Incur debts, liabilities and obligations.

6. Sue and be sued.

B. Cities, towns, counties and special taxing districts established pursuant to title 48, chapters 11, 12, 17, 18, 19 and 22 and any Indian tribe may form a separate legal entity pursuant to section 11-952 for the purposes of this subsection. The intergovernmental agreement must state the intent to form a separate legal entity pursuant to this subsection. The governing body of a separate legal entity formed pursuant to this subsection shall be composed of officials elected to one or more of the governing bodies of the public agencies that are parties to the agreement, or their designees. A separate legal entity identified pursuant to this subsection:

1. Is a political subdivision of this state having:

(a) The governmental and proprietary powers that are common to the contracting parties specified in the agreement, including, if applicable, the power to make voluntary contributions in lieu of taxes and those powers provided for in section 11-952 and this section.

(b) The rights and immunities of the parties that are granted by the constitution and statutes of this state, including immunity of its property from taxation.

2. May separately contract for an undertaking with any two or more of the parties or other public agencies or other entities. Limitations on the exercise of common powers shall be applicable only to the parties to the agreement participating in the undertaking.

3. In addition to other powers provided for in the agreement and whether or not one or more parties to the agreement do not have bonding authority for the undertaking, by a vote of its governing body, may issue revenue bonds, or incur obligations payable from the entity's revenues, to pay the costs and expenses of acquiring or constructing any structures, facilities or equipment necessary to effectuate the purposes of the agreement subject to the following conditions and requirements:

(a) The revenue bonds are payable solely from the revenues of the undertaking for which they were issued and are not payable from any revenues, taxes or assessments paid to, or to be levied or collected by, the entity or the public agencies that are parties to the agreement that forms the entity.

(b) The bonds and the income on the bonds are at all times free from taxation by this state or any political subdivision of this state.

(c) The entity may pledge to the payment of its bonds all revenues it has or will receive from the sales of goods or services of the undertaking. Any pledge made to secure the bonds is valid and binding from the time the pledge is made. The monies pledged and received by the entity to be placed in the fund established for the purpose of securing and paying the bonds are immediately subject to the lien on or the pledge of the monies without any future physical delivery, any recording of any instrument or any further act. Any lien or pledge is valid and binding against all parties who have claims of any kind in tort, contract or otherwise against the entity or the public agencies that formed the entity regardless of whether the claimants have notice of the pledge. The official resolution or trust indenture or any instrument by which the pledge is created when placed in the entity's official records is notice to all concerned of the creation of the pledge, and those documents need not be recorded in any other place to perfect the pledge.

(d) Subject to any registration requirements, bonds issued by the entity under this paragraph are fully negotiable within the meaning and for all purposes of the uniform commercial code regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

(e) The bonds do not constitute an indebtedness of the entity, the public agencies that formed the entity or this state within the meaning of any statutory or constitutional limitation on indebtedness.

(f) The bonds may be sold at public or private sale at, above or below par as determined by the governing body of the entity.

(g) The treasurer of any public agency forming the entity may act as the entity's fiscal agent or the entity may appoint any commercial bank doing business in this state to hold, deposit and invest the entity's monies according to any resolution or other document authorizing the issuance of the bonds.

(h) Title 35, chapter 3, articles 5 and 7 apply to bonds issued pursuant to this paragraph.

(i) Bonds issued pursuant to this paragraph shall be issued only after consultation with the state certification board established by section 48-101.

4. May engage in electric generation and transmission activities but may not engage in electric distribution activities.

5. Shall not be deemed a public power entity pursuant to title 30 by virtue of any undertaking or other contract.

C. For the purposes of subsection B of this section, "undertaking":

1. Means one or more of the following:

(a) Purchasing, constructing, leasing or acquiring any real or personal property, works or facilities that the public agencies that formed the entity are authorized by law to purchase, construct, lease or otherwise acquire.

(b) Improving, reconstructing, extending or adding to any real or personal property, works or facilities owned or operated by the entity.

(c) Any program of development involving real or personal property, works or facilities that the entity is authorized by law to purchase, construct, lease or otherwise acquire or the improvement, reconstruction, extension or addition to the program.

(d) Providing utility services, purchasing, constructing, leasing or acquiring, or the extension or addition of, works or facilities designed to serve areas or territories already being served by any of the parties to the agreement.

2. Does not include the acquisition by eminent domain of existing works or facilities of a political subdivision or public service corporation.

D. An entity formed pursuant to this section is subject to:

1. Title 40, chapter 2, article 6.2.

2. Title 48, chapter 1, article 8 with regard to any property owned by the entity.

§ 11-953 Appropriations

Any public agency entering into an agreement or contract pursuant to this article may appropriate funds and may sell, lease, give or otherwise supply for the benefit of the joint or cooperative undertaking such services or personnel as may be within its legal power to furnish.

§ 11-954 Limitation of powers

Except for the right of joint exercise of powers granted in this article, the provisions of this article shall be cumulative and supplemental and nothing contained in this article shall be so construed as to authorize any public agency to exercise any power or engage in any business or enterprise that such public agency is not authorized to exercise or engage in pursuant to other provisions of law.

§ 11-955 Joint powers public safety committee; powers and duties

A. The chief law enforcement officer or the officer's designee from two or more cities, towns, Indian tribes or counties in this state may establish a joint powers public safety committee for the purpose of facilitating the sharing of criminal justice information between law enforcement agencies as authorized by section 41-1750. The chief law enforcement officer or the officer's designee from each city, town, county or Indian tribe shall establish a governing board.

B. The governing board shall:

1. Establish rules related to the governance of the committee.

2. Establish rules related to the security, privacy, confidentiality and dissemination of information maintained by the committee pursuant to state and federal law.

3. Elect a budget officer from among its members to fulfill any administrative duties prescribed by the committee.

4. Annually adopt a budget for the following fiscal year.

C. The committee may accept and spend public monies and private grants, gifts and contributions.

D. Membership on the committee does not constitute the holding of an office, and committee members are not required to take and file oaths of office before serving on the committee. No committee member may be disqualified from holding any public office or employment nor may the member forfeit any office or employment by reason of the member's appointment, notwithstanding the provision of any general, special or local law, ordinance or city charter.

Article 4 Relocation Assistance

§ 11-961 Definitions

In this article, unless the context otherwise requires:

1. "Acquiring agency" means the state, any department, agency, board or commission of the state, counties, school districts, cities, towns, all municipal corporations, any other political subdivision of the state and any other person or entity with the power of eminent domain.

2. "Business" means any lawful activity, excepting a farm operation, conducted primarily by or for any of the following:

(a) For the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of products, commodities or any other personal property.

(b) For the sale of services to the public.

(c) By a nonprofit corporation.

(d) Solely for the purposes of section 11-963, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.

3. "Comparable replacement dwelling" means a dwelling that is all of the following:

(a) Decent, safe and sanitary.

(b) Adequate in size to accommodate the occupants.

(c) Within the financial means of the displaced person.

(d) Functionally equivalent.

(e) In an area which is not subject to unreasonably adverse environmental conditions.

(f) In a location which is generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services and the displaced person's place of employment.

4. "Displaced person" means:

(a) A person who moves from real property or moves his personal property from real property either:

(i) As a direct result of a written notice of intent to acquire, the initiation of negotiations for or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency.

(ii) On which the person is a residential tenant or conducts a farm operation or a business, and the move is a direct result of rehabilitation, demolition or other displacing activity as the lead agency prescribes under a program or project undertaken by a displacing agency, if the displacing agency determines that the displacement is permanent.

(b) Solely for the purposes of section 11-962 and section 11-963, subsections A and B, a person who moves from real property or moves his personal property from real property either:

(i) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency.

(ii) As a direct result of rehabilitation, demolition or other displacing activity as the lead agency prescribes, of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by a displacing agency, if the displacing agency determines that the displacement is permanent.

Displaced person does not include a person who has been determined, according to criteria established by the lead agency, as not having been displaced, including persons either unlawfully occupying the displacement property or occupying the property for the purpose of obtaining assistance under this article or, in any case in which the displacing agency acquires property for a program or project, a person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.

5. "Displacing agency" means the state or state agency and any political subdivision or person carrying out a program or project with federal financial assistance, or with the approval of the governing body of the acquiring agency, state or local financial assistance, which causes a person to be a displaced person.

6. "Farm operation" means any activity conducted primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

7. "Federal financial assistance" means a grant, loan or contribution in any form whatsoever provided by the United States to an acquiring agency, except any federal guarantee or insurance, and any interest reduction payment to a person in connection with the purchase and occupancy of a residence by that person.

8. "Initiation of negotiations" means the delivery of the initial written offer by the acquiring agency to the owner or the owner's representative to purchase real property for a project for the amount determined to be proper compensation or other actions to serve this purpose as determined by the lead agency.

9. "Lead agency" means the acquiring agency except as required by federal law.

10. "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.

11. "Person" means any individual, family, partnership, corporation or association.

12. "Small business" means a business as defined in paragraph 2 of this section if the number of employees of the business at the affected site is five hundred or less.

§ 11-962 Relocation assistance advisory services

A. Programs or projects undertaken by an acquiring agency shall be planned in a manner that both:

1. Recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations.

2. Provides for the resolution of problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.

B. An acquiring agency may provide that the relocation assistance advisory services described in subsection C are made available to all persons displaced by the agency. If the agency determines that a person occupying property which is immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result of the activity, the agency may make advisory services available to the person.

C. The relocation assistance advisory services provided by subsection B shall include such measures, facilities or services necessary or appropriate to:

1. Determine and make timely recommendations on the needs and preferences of displaced persons for relocation assistance.

2. Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations.

3. Assist a person who is displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location.

4. Supply information concerning federal, state and local programs which may be of assistance to displaced persons and technical assistance to those persons in applying for assistance through the programs.

5. Provide other advisory services to displaced persons to minimize hardships to those persons in adjusting to relocation.

D. The acquiring agency shall coordinate relocation activities performed by the agency with other federal, state or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.

E. If an acquiring agency acquires property for a program or project, a person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency.

§ 11-963 Payment of moving and related expenses; substitute payments

A. The displacing agency, as a part of the cost of the project, shall make a payment to a displaced person, business or farm operation, on proper application to the acquiring agency, for:

1. Actual reasonable expenses in moving himself and his family, business, farm operation or other personal property, as determined by the lead agency.

2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the lead agency.

3. Actual reasonable expenses, not to exceed two thousand five hundred dollars, to search for a replacement business or farm as the chief executive officer or designee of the lead agency deems reasonable.

4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, as determined by criteria established by the lead agency, but not to exceed twenty-five thousand dollars.

B. Any displaced person who is eligible for payments under subsection A of this section, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection A of this section may receive a moving expense and dislocation allowance, determined according to a schedule established by the lead agency.

C. A displaced person who is eligible for payments under subsection A of this section, who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection instead of the payment authorized by subsection A of this section. This payment consists of a fixed payment in an amount determined by criteria established by the lead agency, except that the payment shall not be less than one thousand dollars nor more than forty thousand dollars. A person whose sole business at the displacement property is the rental of the property to others does not qualify for a payment under this subsection.

§ 11-964 Replacement housing for homeowners

A. In addition to payments otherwise authorized by this article, the displacing agency shall make an additional payment of not more than thirty-one thousand dollars to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for at least ninety days before the initiation of negotiations for the acquisition of the property. This additional payment shall include the following amounts as determined by the acquiring agency:

1. The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling.

2. The amount, if any, which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of any decent, safe and sanitary replacement dwelling. The displacing agency shall pay this amount only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not fewer than one hundred eighty days immediately before the initiation of negotiations for the acquisition of the dwelling.

3. Reasonable and necessary expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, if normally paid by the buyer, but not including prepaid expenses.

B. The displacing agency shall make the additional payment authorized by this section only to a displaced person who purchases and occupies a comparable replacement dwelling within one year after the date on which the person receives final payment from the displacing agency for the acquired dwelling or the date on which the obligation of the displacing agency under section 11-971 is met, whichever is later, except that the displacing agency may extend the period for good cause. If the period is extended, the payment under this section is based on the costs of relocating the person to a comparable replacement dwelling within one year of that date.

§ 11-965 Expenses incidental to transfer of property

A. In addition to the payments authorized by sections 11-963 and 11-964, the acquiring agency as a part of the cost of the project, after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award or compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner to the extent it deems fair and reasonable for expenses he necessarily incurred for:

1. Recording fees, transfer taxes and similar expenses incidental to conveying such real property.

2. Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property.

B. In addition to the reimbursements authorized by subsection A of this section, the acquiring agency shall reimburse the owner for paid real property taxes in excess of the owner's pro rata portion allocable to a period subsequent to the date of vesting of title in the acquiring agency or the effective date of the possession of such real property by the acquiring agency, whichever is earlier.

§ 11-966 Replacement housing for tenants

A. In addition to amounts otherwise authorized by this article, a displacing agency shall make a payment to or for any person who is displaced from any dwelling and who is not eligible to receive a payment under section 11-964 if the dwelling was actually and lawfully occupied by the displaced person for at least ninety days immediately before the initiation of negotiations for acquisition of the dwelling, or if displacement is not a direct result of acquisition as the lead agency prescribes. This payment consists of the amount necessary to enable the person to lease or rent a comparable replacement dwelling for a period of not more than forty-two months but not more than seven thousand two hundred dollars. At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account the person's income.

B. A person who is eligible for a payment under subsection A of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling. The person, at the discretion of the displacing agency, may be eligible under this subsection for the maximum payment allowed under subsection A of this section.

§ 11-967 Application review by the chief executive officer of the acquiring agency

Any displaced person aggrieved by a determination as to eligibility for a payment authorized by this article, or the amount of a payment, may have his application reviewed by the chief executive officer of the acquiring agency whose decision shall be final.

§ 11-968 Relocation assistance rules

A. The state and its departments, agencies, boards and commissions as acquiring agencies shall adopt rules implementing this article by compliance with title 41, chapter 6.

B. Counties, school districts, cities and towns, municipal corporations and other political subdivisions of the state as acquiring agencies shall implement this article by adoption of ordinances or resolutions of the legislative body thereof.

C. The acquiring agency shall adopt relocation assistance rules and regulations that are not in conflict with the laws of this state and that provide, at a minimum, the level of relocation assistance prescribed in 49 Code of Federal Regulations sections 24.201 through 24.503.

§ 11-969 Payments not income or resource; welfare assistance

No payment received by a displaced person under this article shall be considered as income for the purposes of the provisions of title 43 relating to the taxation of income, nor shall such payments or real property purchased with such payments or the payment for the real property acquisition which necessitates the relocation be considered as income or resources for the purposes of determining eligibility or extent of eligibility of any person for public assistance. Nor shall such payments be deducted from the amount of aid to which the recipient would otherwise be entitled under any federal, state, county or city welfare program.

§ 11-970 Effect on eminent domain proceedings

Nothing contained in this article shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of damages not in existence on May 13, 1972.

§ 11-971 Assurance of availability of housing

A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the displacing agency determines that the dwellings cannot otherwise be made available, the displacing agency may take any action that is necessary or appropriate to provide the dwellings by the use of monies authorized for the project. The displacing agency may use this section to exceed the maximum amounts which may be paid under sections 11-964 and 11-966 on a case by case basis for good cause as determined in accordance with the rules the lead agency prescribes.

B. A person shall not be required to move from a dwelling because of any program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.

C. The displacing agency shall ensure that a person is not required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except for any of the following:

1. A major disaster as defined in section 102(2) of the federal disaster relief act of 1974 (P.L. 93-288; 88 Stat. 143; 42 United States Code section 5121).

2. A national emergency declared by the president of the United States.

3. Any other emergency or urgent need, including that the continued occupancy of the dwelling by the person constitutes a substantial danger which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person or public.

§ 11-972 Litigation expenses

A. The court having jurisdiction of a proceeding instituted by an acquiring agency to acquire real property by condemnation shall award the owner of any right to, title to or interest in the real property an amount that will reimburse the owner for the owner's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings if any of the following occurs:

1. The final judgment is that the acquiring agency cannot acquire the real property by condemnation.

2. The proceeding is abandoned or dismissed on a motion by the acquiring agency.

B. If an inverse condemnation proceeding is initiated by the owner of any right, title or interest in real property because of the alleged physical taking of the owner's property for any public purpose, the court that renders judgment for the plaintiff in the proceeding and that awards compensation for the physical taking of property, or the acquiring agency that effects a settlement of any such proceedings, shall determine and award or allow to the plaintiff as a part of the judgment or settlement an amount that, in the opinion of the court or the acquiring agency, will reimburse the plaintiff for the plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding.

§ 11-973 Buildings, structures and improvements

A. Notwithstanding any other provision of law, if the acquiring agency acquires any interest in real property, it shall also acquire the same interest in all buildings, structures or other improvements located upon the real property so acquired and which will be removed from such real property or which will be adversely affected by the use to which such real property will be put.

B. For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired by subsection A, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term, and the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement, for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.

C. Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release to the acquiring agency all his right, title and interest in and to such improvements. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law, other than this section.

§ 11-974 When provisions and benefits available

A. This article shall apply to all acquiring, displacing or lead agencies when real property or improvements thereon are acquired or are to be acquired for a project for which federal financial assistance is to defray all, or part of, the costs of such project.

B. In addition to the requirements of subsection A of this section and notwithstanding section 11-961, paragraph 5, the provisions of sections 11-963 and 11-964 shall apply to any acquiring, displacing or lead agency without action of the governing or legislative body even if no federal financial assistance is used to defray all or part of the costs of such project.

C. Except as provided in subsection B of this section, the provisions of this article may apply and be utilized by any acquiring, displacing or lead agency by action of the governing or legislative body thereof when no federal financial assistance is used to defray the costs of such project.

Article 5 City, Town or County Employee Benefits, Property Loss and Liability Claim Coverage

§ 11-981 Payment of benefits, losses and claims; establishment of trust funds; definition

A. In addition to authority granted pursuant to other provisions of law or city charter, any city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors may procure insurance from any insurer authorized by the director of the department of insurance and financial institutions or may establish a self-insurance program for the management and administration of a system for direct payment of benefits, losses or claims or any combination of insurance and direct payments, and including risk management consultation, to provide:

1. Health, accident, life or disability benefits for employees and officers of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors and their dependents.

2. Payment of any property loss sustained or lawful claim of liability or fortuitous loss made against the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors or its elected or appointed officials, employees or officers if such elected or appointed officials, employees or officers are acting within the scope of employment or authority.

B. If any city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors establishes a self-insurance program for the management and administration of a system for direct payment of benefits, losses or claims pursuant to subsection A, the governing body of such city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors shall place all monies into a trust fund for the purposes of this section in amounts as determined appropriate by the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors, except that any city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors establishing such a trust fund shall:

1. Designate a risk management consultant or insurance administrator licensed pursuant to title 20, chapter 2, article 3 or 9, and such license shall be verified by the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors.

2. The trust shall be administered by at least five joint trustees, of whom not more than one may be a member of the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors and not more than one may be an employee of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors.

3. The trustees of the trust must be bonded, a stop-loss provision must be incorporated in the trust agreement and an annual audit must be performed by an external auditor and a copy of the report kept on file in the offices of the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors for a period of not less than five years.

4. Not make any expenditure from the trust fund for any purpose not specified in this article.

C. Expenditures during the fiscal year from the trust fund and monies in the trust fund at the close of the fiscal year shall not be subject to the provisions of title 42, chapter 17, article 3.

D. In the event that such a trust fund is no longer used by the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors for the purposes herein set forth, it shall revert during that fiscal year to the general fund of such city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors.

E. The authority granted to a city, town, county, special health care district organized pursuant to title 48, chapter 31, a political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors by this section is not subject to title 20, except that any health, life, accident or disability benefit plan shall conform to the benefits required by title 20.

F. This section does not authorize any city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors to procure insurance from any insurer not authorized by the director of the department of insurance and financial institutions.

G. For the purposes of this section, "political subdivision entity" has the same meaning prescribed in section 38-711.

Article 6 Animal Control

§ 11-1001 Definitions

In section 13-1208 and in this article, unless the context otherwise requires:

1. "Animal" means any animal of a species that is susceptible to rabies, except man.

2. "At large" means being neither confined by an enclosure nor physically restrained by a leash.

3. "County board of health" means the duly constituted board of health of each county.

4. "County enforcement agent" means that person in each county who is responsible for enforcing this article and the rules adopted under this article.

5. "County pound" means any establishment that is authorized by the county board of supervisors to confine, maintain, safekeep and control dogs and other animals that come into the custody of the county enforcement agent in the performance of the county enforcement agent's official duties.

6. "Department" means the department of health services.

7. "Impound" means the act of taking or receiving into custody by the county enforcement agent any dog or other animal for the purpose of confinement in a county pound in accordance with this article.

8. "Kennel" means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.

9. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses.

10. "Owner":

(a) Means any person who keeps an animal other than livestock for more than six consecutive days.

(b) Does not include a person who keeps an animal at the request of an animal shelter as defined in section 11-1022.

11. "Rabies quarantine area" means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.

12. "Stray dog" means any dog three months of age or older running at large that is not wearing a valid license tag or microchipped.

13. "Vaccination" means the administration of an antirabies vaccine to animals by a veterinarian or by a rabies vaccinator who is certified pursuant to section 32-2240.02.

14. "Veterinarian", unless otherwise indicated, means any veterinarian who is licensed to practice in this state or any veterinarian who is employed in this state by a governmental agency.

15. "Veterinary hospital" means any establishment that is operated by a veterinarian licensed to practice in this state and that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it pens, stalls, cages or kennels for quarantine, observation or boarding.

16. "Vicious animal" means any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation or that has been so declared after a hearing before a justice of the peace or a city magistrate.

§ 11-1002 Powers and duties; state veterinarian; Arizona department of agriculture

A. The state veterinarian, employed pursuant to section 3-1211, shall designate the type or types of antirabies vaccines that may be used for vaccination of animals, the period of time between vaccination and revaccination and the dosage and method of administration of the vaccine.

B. The state veterinarian shall adopt rules to implement section 32-2240.02.

C. The Arizona department of agriculture shall regulate the handling and disposition of animals classed as livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.

§ 11-1003 Powers and duties of department of health services

A. The department of health services shall regulate the handling and disposition of animals other than livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.

B. The department of health services may require the county enforcement agent to submit a record of all dog licenses issued and in addition any information deemed necessary to aid in the control of rabies.

§ 11-1005 Powers and duties of board of supervisors

A. Each county board of supervisors may:

1. Designate or employ a county enforcement agent. If such designation or employment is not made, the county sheriff shall be the county enforcement agent, but nothing in this article shall be deemed to prevent the county board of supervisors from designating or employing a county enforcement agent at any time it is deemed necessary or advisable.

2. Provide the county enforcement agent with such personnel and equipment as are necessary to enforce this article and the rules adopted under this article.

3. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to any breed.

4. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs, except dogs used for control of livestock or while being used or trained for hunting.

5. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the excessive and unrestrained barking of dogs.

6. Establish either:

(a) Criminal penalties not to exceed the penalties for a class 2 misdemeanor for violation of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection.

(b) Civil penalties for violations of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection, not to exceed five hundred dollars for each violation.

B. Fines received for violation of an ordinance adopted with a criminal penalty pursuant to subsection A, paragraph 6, subdivision (a) of this section shall be deposited in a special, permanent, nonlapsing and nonreverting county fund to be used solely for the operation of the county enforcement agency.

C. Each county board of supervisors may establish pound fees for impounding and maintaining animals at the county pound or any pound used by the county.

D. The county board of supervisors shall be responsible for declaring a rabies quarantine area within its jurisdiction on a recommendation of the county board of health or the local health department. If a rabies quarantine area is declared, the county board of supervisors shall meet with the county board of health and the county enforcement agent and institute an emergency program for the control of rabies within that area provided that any regulations restricting or involving the movement of livestock within that area shall be developed by the state veterinarian.

§ 11-1006 Hearing officer; hearing on civil violations; additional remedies

A. A county board of supervisors that establishes a civil penalty for violating an animal statute or ordinance may appoint one or more hearing officers to hear and determine such cases. The board may appoint a county employee to serve as hearing officer in addition to his other work.

B. The hearing officer shall hold a hearing on each violation reported by the county enforcement agent. Notice of the hearing shall be served personally on the defendant at least ten days before the hearing. The county enforcement agent shall use a uniform traffic ticket and complaint for civil traffic cases pursuant to the rules of procedure in traffic cases adopted by the supreme court, modified as applicable, in citing persons for violations of ordinances adopted with a civil penalty pursuant to section 11-1005, subsection A, paragraph 6, subdivision (b).

C. At the hearing the county enforcement agent shall present evidence of the violation and the defendant, or his attorney or other designated representative, shall have an opportunity to present evidence. The county attorney may represent and present evidence for the county enforcement agent.

D. At the conclusion of the hearing the hearing officer shall determine whether a violation occurred and, if so, impose civil penalties provided for under section 11-1005, subsection A, paragraph 6, subdivision (b). Monies collected for civil penalties shall be deposited in the county general fund. The board of supervisors shall adopt, in the same manner as the animal ordinances, written rules of procedure for the hearings and review of hearings. Final decisions of the hearing officer under this subsection are subject to judicial review under title 12, chapter 7, article 6.

E. In addition to other remedies provided by law, the board of supervisors, the county attorney, the county enforcement agent or a private individual or other entity that is specially damaged by a violation of an animal statute or ordinance may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent or abate the violation.

§ 11-1007 Powers and duties of county enforcement agent

A. The county enforcement agent shall:

1. Enforce the provisions of this article, county ordinances adopted under this article and municipal ordinances which the board of supervisors has contracted to enforce.

2. Issue citations for the violation of the provisions of this article, county ordinances adopted under this article and municipal ordinances which the board of supervisors has contracted to enforce. The procedure for the issuance of notices to appear shall be as provided for peace officers in section 13-3903, except that the enforcement agent shall not make an arrest before issuing the notice.

B. The issuance of citations pursuant to this section shall be subject to the provisions of section 13-3899.

C. The county enforcement agent may designate deputies.

§ 11-1008 License fees for dogs; issuance of dog tags; exception; violation; classification

A. The board of supervisors of each county may set a license fee that shall be paid for each dog three months of age or older that is kept, harbored or maintained within the boundaries of this state for at least thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the board of supervisors of each county. The licensing period shall not exceed the period of time for revaccination as designated by the state veterinarian. License fees shall be paid within ninety days to the board of supervisors. A penalty fee of two dollars shall be paid if the license application is made less than one year after the date on which the dog is required to be licensed under this article. If the license application is made one year or later from the date on which the dog is required to be licensed, an additional penalty fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty-two dollars. This penalty shall not be assessed against applicants who provide adequate proof that the dog to be licensed has been in their possession in this state less than thirty consecutive days.

B. If the board of supervisors adopts a license fee, the board shall provide durable dog tags. Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the county, the number of the license and the year in which it expires. The tag shall be attached to a collar or harness that shall be worn by the dog at all times, except as otherwise provided in this article. Whenever a dog tag is lost, a replacement tag shall be issued on application by the owner and payment of a fee established by the board of supervisors.

C. The board of supervisors may set license fees that are lower for dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall provide adequate proof satisfactory to the county enforcement agent that the dog has been surgically altered to be permanently incapable of procreation.

D. All fees and penalties shall be deposited in the rabies control fund pursuant to section 11-1011.

E. Any person who knowingly fails within fifteen days after written notification from the county enforcement agent to obtain a license for a dog required to be licensed, counterfeits an official dog tag, removes such tag from any dog for the purpose of intentional and malicious mischief or places a dog tag on a dog unless the tag was issued for that particular dog is guilty of a class 2 misdemeanor.

F. Notwithstanding subsection A of this section, the board of supervisors of each county may not charge an individual who has a disability and who uses a service animal as defined in section 11-1024, a person that trains a service animal as defined in section 11-1024 or an individual who uses a search and rescue dog a license fee for that dog. An applicant for a license for a:

1. Search and rescue dog shall provide adequate proof satisfactory to the county enforcement agent that the dog is a search and rescue dog.

2. Service animal shall sign a written statement that the dog is a service animal as defined in section 11-1024. A person who makes a false statement pursuant to this paragraph is guilty of a petty offense and is subject to a fine that does not exceed fifty dollars. The statement to be signed shall be substantially in the following form:

By signing this document, I declare that the dog to be licensed is a service animal as defined in section 11-1024, Arizona Revised Statutes, and I understand that a person who makes a false statement pursuant to section 11-1008, Arizona Revised Statutes, is guilty of a petty offense and is subject to a fine that does not exceed fifty dollars.

§ 11-1009 Kennel permit; fee; denial; inspection; violation; classification

A. A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where the kennel is located except if each individual dog is licensed.

B. The annual fee for the kennel permit is seventy-five dollars or the actual cost of recovery as determined by the board of supervisors.

C. A dog remaining within the kennel is not required to be licensed individually under section 11-1008. A dog leaving the controlled kennel conditions shall be licensed under section 11-1008 except if the dog is only being transported to another kennel that has a permit issued under this section.

D. A person who fails to obtain a kennel permit under this section is subject to a penalty of twenty-five dollars in addition to the annual fee.

E. The county shall deny a kennel permit to any person who has been convicted of a violation of section 13-2910 or 13-2910.01 or any other state, county or municipal animal welfare law, except violations of license and leash laws.

F. A person who operates a kennel that houses fewer than twenty dogs may be subject to an inspection by the county enforcement agent during regular business hours if the county enforcement agent has received a citizen or law enforcement complaint in writing that alleges the person committed an act in violation of section 13-2910 or 13-2910.01. A person who operates a kennel that houses twenty dogs or more shall allow inspections of the kennel by the county enforcement agent as a condition of receiving a kennel permit. This subsection does not apply to any kennel that houses dogs that are being used or trained for hunting.

G. A person who knowingly fails to obtain a kennel permit within thirty days after written notification from the county enforcement agent is guilty of a class 2 misdemeanor.

§ 11-1010 Antirabies vaccination; vaccination and license stations

A. Before a license is issued for any dog, the owner or a veterinarian must present a paper or electronic copy or telefacsimile of the vaccination certificate signed by a veterinarian stating the owner's name and address, and giving the dog's description, date of vaccination, manufacturer and serial number of the vaccine used and date revaccination is due. A duplicate of each rabies vaccination certificate issued shall be transmitted to the county enforcement agent within two weeks after the date the dog was vaccinated. A dog shall not be licensed unless it is vaccinated in accordance with this article and the rules adopted pursuant to this article.

B. A dog vaccinated in any other state prior to entry into Arizona may be licensed in Arizona provided that, at the time of licensing, the owner of the dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that state or a veterinarian employed by a governmental agency in that state, stating the owner's name and address, and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine used. The vaccination must conform with this article and the rules adopted pursuant to this article.

C. The county enforcement agent shall provide for vaccination clinics as deemed necessary. The vaccination shall be performed by a veterinarian or by a rabies vaccinator who is certified in the administration of rabies vaccines pursuant to section 32-2240.02.

§ 11-1011 Rabies control fund

A. The board of supervisors shall transmit the monies collected under the provisions of this article to the county treasurer for deposit in a special fund to be known as the rabies control fund to be used for the enforcement of the provisions of this article and the regulations promulgated thereunder. The county treasurer shall maintain the fund.

B. Any unencumbered balance remaining in the rabies control fund at the end of a fiscal year shall be carried over into the following fiscal year.

§ 11-1012 Dogs not permitted at large; wearing licenses

A. Neither a female dog during her breeding or mating season nor a vicious dog shall be permitted at large.

B. In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an enclosure on the owner's property, secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six feet in length and directly under the owner's control when not on the owner's property.

C. Any dog over the age of three months running at large shall wear a collar or harness to which is attached a valid license tag. Dogs that are used for control of livestock, being used or trained for hunting or dogs, being exhibited or trained at a kennel club event or engaged in races approved by the Arizona racing commission, and while the dogs are being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.

D. No person in charge of any dog shall permit such dog in a public park or upon any public school property unless the dog is physically restrained by a leash, enclosed in a car, cage or similar enclosure or being exhibited or trained at a recognized kennel club event, public school or park sponsored event.

§ 11-1013 Establishment of county pounds; impounding and disposing of dogs and cats; owner notification; reclaiming impounded dogs and cats; pound fees

A. The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city or town, a veterinarian or an Arizona incorporated humane society to establish and operate a county pound.

B. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and maintenance.

C. All dogs and cats impounded at a county pound or at a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be thoroughly scanned for the presence of a microchip on being impounded and a reasonable effort shall be made to contact the owner.

D. All deceased dogs and cats found in a public place and brought to a county pound or to a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be scanned for the presence of a microchip and a reasonable effort shall be made to contact the owner.

E. Each stray dog or any cat impounded and not eligible for a sterilization program shall be kept and maintained at the county pound for a minimum of seventy-two hours or one hundred twenty hours for an animal that is impounded with a microchip or wearing a license or any other discernible form of owner identification, unless claimed or surrendered by its owner. Any person may purchase a dog or cat on expiration of the impoundment period, if the person pays all pound fees established by the county board of supervisors and complies with the licensing and vaccinating provisions of this article. If the dog or cat is to be used for medical research, a license or vaccination is not required. Any impounded cat that is eligible for a sterilization program and that will be returned to the vicinity where the cat was originally captured may be exempted from the mandatory holding period required by this subsection. For the purposes of this subsection, "eligible" means a cat that is living outdoors, lacks discernible identification, is of sound health and possesses its claws.

F. Any impounded licensed dog or any cat may be reclaimed by its owner or the owner's agent if the person reclaiming the dog or cat furnishes proof of the person's right to do so and pays all pound fees established by the board of supervisors. Any person purchasing a dog or cat shall pay all pound fees established by the board of supervisors.

G. If the dog or cat is not reclaimed within the impoundment period, the county enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The county enforcement agent may euthanize impounded sick or injured dogs or cats if necessary to prevent the dog or cat from suffering or to prevent the spread of disease.

§ 11-1014 Biting animals; reporting; handling and euthanasia; exception

A. An unvaccinated dog or cat that bites any person shall be confined and quarantined in a county pound or, on request of and at the expense of the owner, at a veterinary hospital for a period of at least ten days. The quarantine period shall start on the day of the bite incident. If the day of the bite is not known, the quarantine period shall start on the first day of impoundment. A dog properly vaccinated pursuant to this article that bites any person may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the county enforcement agent.

B. A dog or cat that is impounded as the result of biting any person shall not be released from the pound to its owner unless one of the following applies:

1. The dog has a current dog license pursuant to section 11-1008 at the time the dog entered the pound.

2. The dog or cat has been previously spayed or neutered before impound or has been spayed or neutered and implanted with a microchip before release from the pound.

3. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound.

4. A veterinarian determines that a medical contraindication for surgery exists that reasonably requires postponement of the surgery until the surgery can be performed in a safe and humane manner.

5. The bite occurred in the premises of the owner and the victim is a member of the same household.

6. The owner pays a $50 recovery fee, in addition to any fees or costs otherwise required pursuant to this article.

C. Any domestic animal, other than a dog, a cat or a caged or pet rodent or rabbit, that bites any person shall be confined and quarantined in a county pound or, on the request and at the expense of the owner, at a veterinary hospital for a period of at least fourteen days. Livestock shall be confined and quarantined for the fourteen-day period in a manner regulated by the Arizona department of agriculture. Caged or pet rodents or rabbits shall not be quarantined or laboratory tested.

D. With the exception of a wild rodent or rabbit, any wild animal that bites any person or directly exposes any person to its saliva may be killed and submitted to the county enforcement agent or the agent's deputies for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal's health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic, as determined by the department of health services.

E. If an animal bites any person, the incident shall be reported to the county enforcement agent immediately by any person having direct knowledge.

F. The county enforcement agent may euthanize any animal confined and quarantined pursuant to this section before the termination of the minimum confinement period for laboratory examination for rabies if:

1. The animal shows clear clinical signs of rabies.

2. The animal's owner consents to the euthanasia.

G. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unowned.

H. The county enforcement agent shall euthanize a vicious animal by order of a justice of the peace or a city magistrate. A justice of the peace or city magistrate may issue an order to euthanize a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing. The justice of the peace or city magistrate may impose additional procedures and processes to protect all parties in the interest of justice, and any decision by the justice of the peace or magistrate may be appealed to the superior court.

I. The owner of a vicious animal shall be responsible for any fees incurred by the enforcement agent for the impounding, sheltering and disposing of the vicious animal.

J. This section does not apply to a dog that is used by any federal, state, county, city or town law enforcement agency and that bites any person if the bite occurs while the dog is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement agency shall notify the county enforcement agent if the dog exhibits any abnormal behavior and make the dog available for examination at any reasonable time.

§ 11-1014.01 Aggressive dogs; reasonable care requirements; violation; classification; definitions

A. A person who owns or who is responsible for the care of an aggressive dog shall take reasonable care to:

1. Prohibit the dog from escaping to the outside of a residence or an enclosed area, yard or structure.

2. Control the dog in a manner that prevents the dog from biting or attacking a person or domestic animal at all times while the dog is off the owner's or responsible person's property.

B. This section does not apply to any of the following:

1. A dog that is owned by a governmental agency and that is being used in military or police work.

2. A service animal as defined in section 11-1024.

3. A dog that is involved in an otherwise lawful act of hunting, ranching, farming or other agricultural purpose.

C. A violation of subsection A, paragraph 2 of this section is a class 1 misdemeanor. A violation of subsection A, paragraph 1 of this section is a class 3 misdemeanor.

D. For the purposes of this section:

1. "Aggressive dog" means any dog that has bitten a person or domestic animal without provocation or that has a known history of attacking persons or domestic animals without provocation.

2. "Reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances.

§ 11-1015 Unlawful interference with county enforcement agent

It is unlawful for any person to interfere with the county enforcement agent in the performance of his duties.

§ 11-1016 Removing impounded animals

No person may remove or attempt to remove an animal which has been impounded or which is in the possession of the county enforcement agent except in accordance with the provisions of this article and the regulations promulgated thereunder.

§ 11-1017 Unlawful keeping of dogs

It is unlawful for a person to keep, harbor or maintain a dog within the state of Arizona except as provided by the terms of this article.

§ 11-1018 Exemption of cities, towns and counties

A. The provisions of this article shall not apply to incorporated cities or towns that impose a license fee and vaccination on dogs by ordinance, provided that such ordinance is equal to or more stringent than the provisions of this article.

B. The provisions of this article shall not apply to counties which regulate the running at large of dogs in the unincorporated areas of the county by ordinance provided that such ordinance is equal to or more stringent than the provisions of this article.

§ 11-1019 Violation; classification

Any person who fails to comply with the requirements of this article, or violates any of its provisions, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.

§ 11-1020 Dogs; liability

Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.

Article 6.1 Handling of Animals

§ 11-1021 Proper care, maintenance and euthanasia of impounded animals

A. Any animal impounded in a county, city or town pound shall be given proper and humane care and maintenance.

B. Any animal euthanized while impounded in a county, city or town pound shall be euthanized only by the use of sodium pentobarbital or a derivative of sodium pentobarbital.

C. If an animal is euthanized by means specified in subsection B of this section, it shall be done by a licensed veterinarian or in accordance with procedures established by the state veterinarian pursuant to section 3-1213.

D. The governing body of any county, city or town that operates a pound shall establish procedures for the humane destruction of impounded animals by the methods described in subsections B and C of this section.

§ 11-1022 Sterilization of impounded dogs and cats; definitions

A. A dog or cat shall not be released for adoption from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog or cat has been first surgically spayed or neutered or sterilized by another procedure.

2. There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

3. A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.

B. If subsection A, paragraph 2 or 3 of this section applies, the adopting party shall sign an agreement to have the dog or cat sterilized by a veterinarian within thirty days or within fifteen days of a veterinarian's determination that sterilization may be performed in a safe and humane manner and shall deposit with the pound or shelter an amount sufficient to ensure that the dog or cat will be sterilized.

C. If the adoption fee includes the cost of sterilization, no deposit is required. The amount of the deposit required by subsection B of this section shall be determined by the pound or shelter to be comparable to the lowest fee charged by veterinarians in the county. The pound or shelter shall refund to the adopting party any monies deposited pursuant to the agreement if within the time provided in the agreement there is presented a written statement signed by a licensed veterinarian that the adopted dog or cat has been sterilized.

D. Any deposit monies that are not refunded under subsection C of this section shall be used only for the following purposes:

1. Sterilization of dogs and cats.

2. Public education to prevent overpopulation of dogs and cats.

3. Costs of confirming that adopted dogs and cats are sterilized.

E. This section does not apply to a county or incorporated city or town that adopts an ordinance or resolution for dog and cat sterilization that exceeds the requirements of this section.

F. A dog or cat shall not be released to its owner from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog has a current dog license pursuant to section 11-1008 at the time the dog entered the pound or shelter.

2. The dog or cat has been sterilized and implanted with a microchip for the purposes of identification at the dog or cat owner's expense.

3. There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

4. A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.

5. The owner pays a fifty dollar recovery fee, in addition to any fees and costs otherwise required pursuant to this article.

G. Before sterilizing an animal pursuant to subsection F, paragraph 2 of this section, an animal shelter shall hold the impounded dog or cat for a minimum of seventy-two hours and make reasonable efforts to locate its owner by inspecting it for microchips, tattoos or other identifying information.

H. For the purposes of this section:

1. "Animal shelter" means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals.

2. "Sterilization" means the surgical removal of the reproductive organs of a dog or cat or the use of humane nonsurgical methods and technologies approved by the food and drug administration, the United States department of agriculture or the environmental protection agency to permanently render the animal unable to reproduce.

§ 11-1023 Unauthorized release of animals; classification; damages

A person who intentionally releases an animal that is lawfully confined for scientific, research, commercial, educational or for public event, display or exhibition purposes without the consent of the owner or custodian of the animal is guilty of a class 6 felony and in addition is liable for all of the following:

1. To the owner of the animal for damages including the costs of restoring the animal to confinement and to its health condition before the release.

2. For damages to real and personal property caused by the released animal.

3. If the release causes the failure of an experiment or loss of market value, for all costs of repeating the experiment and the loss of value, including replacement of the animals, labor and materials.

§ 11-1024 Service animals; rights of individuals with disabilities; violation; classification; fraudulent misrepresentation; civil penalty; definitions

A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.

B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:

1. The animal poses a direct threat to the health or safety of others.

2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided.

3. The animal poses an undue burden.

4. The animal is out of control and the animal's handler does not take effective action to control the animal.

5. The animal is not housebroken.

C. If a public place asks an individual to remove a service animal pursuant to subsection B of this section, the public place shall give the individual the opportunity to return and obtain goods, services or accommodations without the animal on the premises.

D. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.

E. A service animal must be under the control of the service animal's handler.

F. A service animal's handler is liable for any damage done to a public place by the service animal or service animal in training.

G. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and D of this section.

H. A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park. Service animals shall not be excluded from public walkways or sidewalks or from any area that allows for physical barriers between the service animals, dog guides or service dogs and the animals in the zoo or wild animal park. Any zoo or wild animal park that prohibits dog guides and service dogs shall provide without cost adequate facilities for the temporary confinement of dog guides and service dogs. The facilities shall be adequate to accommodate the anticipated attendance of legally blind or deaf persons or persons with physical disabilities, shall be in an area not accessible to the general public, shall provide water for the dog guides and service dogs and shall otherwise be safe, clean and comfortable. The zoo or wild animal park on request by a legally blind person who is required to leave that person's dog guide or service dog pursuant to this subsection shall provide a sighted escort if the legally blind person is unaccompanied by a sighted person.

I. The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane that is predominately white or metallic in color, who is using a service animal or who is assisted by a sighted person shall yield the right-of-way and take reasonable precautions to avoid injury to the pedestrian and the service animal. The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person. Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal.

J. Any person or entity that violates subsection A, H or I of this section is guilty of a class 2 misdemeanor.

K. A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place. A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than two hundred fifty dollars for each violation.

L. This section is not intended to affect any civil remedies available for a violation of this section.

M. For the purposes of this section:

1. "Direct threat to the health or safety of others" means that a significant risk to the health or safety of others exists and cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.

2. "Discriminate" means discriminatory actions prescribed in section 41-1492.02 and includes:

(a) Refusing to permit an individual with a disability to enter a public place with a service animal or interfering with the individual's right to enter or use the public place.

(b) Failing to provide an individual with a disability the same services and access to the same areas of the premises as afforded to others.

(c) Attempting to impose a charge, fee or deposit because an individual with a disability is accompanied by a service animal.

(d) Requiring an individual with a disability to disclose disability-related information. However, a public accommodation may ask if the animal is a service animal being used because of a disability or what work or task the service animal has been trained to perform.

(e) Requiring provision of identification for the service animal.

3. "Individual with a disability" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.

4. "Public place" means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances.

5. "Service animal" means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.

6. "Under the control of the service animal's handler" means the service animal has a harness, leash or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether or the use of the harness, leash or other tether would interfere with the service animal's safe and effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control by voice control, signals or other effective means.

7. "Wild animal park" means an entity that is open to the public on a regular basis, that is licensed by the United States department of agriculture as an exhibit and that is operating primarily to conserve, propagate and exhibit wild and exotic animals.

§ 11-1025 Liability for dog bites; owner information; military and police work; definitions

A. The owner of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.

B. A person who owns or is responsible for the care of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, shall provide the owner's contact information to the person who suffered the dog bite.

C. The breed of a dog may not be considered in findings of facts or conclusions of law entered by a court, administrative law judge, hearing officer, arbitrator or other legal decision-maker regarding whether a dog is aggressive or vicious or has created liability.

D. This section and section 11-1020 do not allow the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act or assisting an employee of the agency in any of the following:

1. Apprehending or holding a suspect if the employee had a reasonable suspicion of the suspect's involvement in criminal activity.

2. Investigating a crime or possible crime.

3. Executing a warrant.

4. Defending a peace officer or another person.

E. Subsection D of this section does not apply in any case in which the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work.

F. Subsection D of this section applies only if a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection D of this section.

G. For the purposes of this section:

1. "Aggressive" means that a dog has bitten a person or domestic animal without provocation or has a known history of attacking persons or domestic animals without provocation.

2. "Breed" means the actual or perceived breed or mixture of breeds of a dog.

3. "Provocation" means tormenting, attacking or inciting a dog and includes the standard for determining provocation prescribed in section 11-1027.

4. "Vicious" means that a dog has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation or has been found to have any of these traits after a hearing before a court of competent jurisdiction or before a hearing officer pursuant to section 11-1006.

§ 11-1026 Lawful presence on private property defined

A person is lawfully in or on the private property of the owner of a dog within the meaning of this article when an invitee or guest, or when in the performance of a duty imposed upon him by law of the state or United States, or by ordinances of a municipality in which such property is located.

§ 11-1027 Reasonable provocation as defense

Proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.

§ 11-1028 Definitions

In this article, unless the context otherwise requires, the definitions in section 11-1001 apply.

§ 11-1029 Hearing on disposition of vicious animals; forfeiture; exception

A. A peace officer, county enforcement agent or animal control officer who has impounded an animal pursuant to section 11-1014, on a showing of probable cause that the animal is vicious or may be a danger to the safety of any person or other animal, may request a disposition hearing before a justice of the peace or city magistrate to determine whether the animal is vicious. The hearing shall be set within fifteen business days after the request has been filed.

B. The officer or agent who has requested a hearing under subsection A of this section shall serve the order on the owner of the animal either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. Proof of service shall be filed with the court. If the justice of the peace or city magistrate determines that the animal is vicious, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency or be humanely euthanized. The owner shall pay impound fees and any other costs for boarding or necessary veterinary care. If the justice of the peace or city magistrate determines that the animal is not vicious, the justice of the peace or city magistrate may order the animal returned to the owner, except that if the owner fails to appear at the hearing, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency and be made available for adoption or humane euthanasia.

C. This section does not apply to seizing an equine pursuant to section 3-1721 or to a city, town or county that adopts or has adopted an ordinance or resolution providing for forfeiting a vicious animal if the ordinance or resolution imposes requirements that are equal to or more stringent than this section.

Article 7 Summer Youth Employment and Training

§ 11-1041 Definitions

In this article, unless the context otherwise requires:

1. "At-risk youth" means children who are eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen or eighteen years of age at the time they begin receiving services pursuant to this article and who are one or more of the following:

(a) Identified by a law enforcement agency or juvenile court as in need of services provided pursuant to this article.

(b) Identified by a school as at risk of failing or dropping out.

(c) From a family whose annual income is below one hundred fifty per cent of the federal poverty income guideline as determined and published by the United States office of management and budget.

2. "Summer youth employment and training programs" means programs to enhance the basic skills of youth and prepare them for participation in the labor force and includes activities consistent with the summer youth employment program of the federal job training partnership act (P.L. 97-300).

§ 11-1042 Local programs; state funding appropriation and allocation

A. The board of supervisors or the governing body of a city or town may appropriate monies and take all actions necessary to establish, operate, maintain, coordinate and fund summer youth employment and training programs for at-risk youth.

B. From the state appropriation made for purposes of this article, the department of economic security, on or before July 5 of each year, shall distribute the monies for the purpose of funding summer youth employment and training programs for at-risk youth as follows:

1. Seventeen and one-half per cent of the monies shall be distributed to counties with a population of two million persons or more.

2. Twenty-three and one-half per cent of the monies shall be distributed to any city within a county with a population of one million persons or more if the city has a population of nine hundred thousand persons or more.

3. Eleven and one-half per cent of the monies shall be distributed to any city within a county with a population of one million persons or more if the city has a population of two hundred fifty thousand persons or more but less than nine hundred thousand persons.

4. Twenty-seven and one-half per cent of the monies shall be distributed to counties with a population of one million or more but less than two million persons.

5. Twenty per cent of the monies shall be distributed to counties with a population of less than one million persons. Monies under this paragraph shall be distributed among the counties based on the proportion that the population of each county bears to the total population of all counties under this paragraph.

Article 8 Enforcement of Immigration Laws

§ 11-1051 Cooperation and assistance in enforcement of immigration laws; indemnification

A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.

B. For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:

1. A valid Arizona driver license.

2. A valid Arizona nonoperating identification license.

3. A valid tribal enrollment card or other form of tribal identification.

4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.

D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.

E. In the implementation of this section, an alien's immigration status may be determined by:

1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.

2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).

F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

3. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and nationality act.

4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644.

G. This section does not implement, authorize or establish and shall not be construed to implement, authorize or establish the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302), including the use of a radio frequency identification chip.

H. A person who is a legal resident of this state may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including 8 United States Code sections 1373 and 1644, to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order that the entity pay a civil penalty of not less than five hundred dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.

I. A court shall collect the civil penalty prescribed in subsection H of this section and remit the civil penalty to the state treasurer for deposit in the gang and immigration intelligence team enforcement mission fund established by section 41-1724.

J. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.

K. Except in relation to matters in which the officer is adjudged to have acted in bad faith, a law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency.

L. This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.

Chapter 8 Development Fees

Article 1 General Provisions

§ 11-1101 Development agreements

A. A county, by resolution or ordinance, may enter into development agreements relating to property located outside the incorporated area of a city or town.

B. The development agreement shall be between the county and a landowner or any other person having an interest in real property and may specify or otherwise relate to any of the following:

1. The duration of the agreement.

2. The permitted uses of property subject to the agreement.

3. The density and intensity of uses and the maximum height and size of proposed buildings within the property.

4. Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

5. Provisions for preservation and restoration of historic structures.

6. The phasing or time of construction or development on the property.

7. Conditions, terms, restrictions, financing and requirements for public infrastructure and subsequent reimbursements over time.

8. Conditions, terms, restrictions and requirements relating to the county's intent to form a special taxing district pursuant to title 48.

9. Conditions of sewer services.

10. Any other matters relating to the development of the property.

C. A development agreement shall be consistent with the county comprehensive plan adopted pursuant to chapter 6, article 1 of this title and applies to the property on the date the development agreement is executed.

D. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.

E. Within ten days after a development agreement is executed, the county shall record a copy of the agreement with the county recorder, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all of their successors in interest and assigns.

F. Section 32-2181, subsection I does not apply to development agreements under this section.

G. Notwithstanding any other law, a county may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has entered into a development agreement pursuant to this section, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development outside the corporate boundaries of a city or town and that is open to and used by the public. The county may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road before their installation.

§ 11-1102 County development fees; imposition by counties; infrastructure improvements plan; advisory committee; annual report; limitation on actions; definitions

A. A county may assess development fees to offset costs to the county associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan.

B. Development fees assessed under this section are subject to the following requirements:

1. Development fees shall result in a beneficial use to the development.

2. The county shall calculate the development fee based on the infrastructure improvements plan adopted pursuant to this section.

3. The development fees may not exceed a proportionate share of the cost of necessary public services, based on service units, needed to provide necessary public services to the development.

4. Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the service area at the time the infrastructure improvements plan is adopted.

5. Development fees may not be used for any of the following:

(a) Funding a level of service that is higher than the current level of service provided to existing development at the time the infrastructure improvements plan is adopted.

(b) Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan.

(c) Repair, operation or maintenance of existing or new necessary public services or facility expansions.

(d) Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

(e) Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development.

(f) Administrative, maintenance or operating costs of the county.

6. Any development for which development fees have been paid is entitled to the use and benefit of the services for which the development fees were imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new service units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility.

7. Development fees may be collected if any of the following occurs:

(a) The collection is made to pay for a necessary public service or facility expansion that is identified in the infrastructure improvements plan and the county plans to complete construction and have the service available within the time period established in the infrastructure improvements plan, but not longer than the time period provided in subsection J, paragraph 3 of this section.

(b) The county reserves capacity in the infrastructure improvements plan adopted pursuant to this section or otherwise agrees to reserve capacity to serve future development.

(c) The county requires or agrees to allow the owner of a development to construct or finance the necessary public service or facility expansion and any of the following applies:

(i) The costs incurred or monies advanced are credited against or reimbursed from the development fees otherwise due from a development. The amount of credits issued shall equal the costs identified by the county in the infrastructure improvements plan associated with the construction of the necessary public services or facility expansions. The county shall allow the owner to assign the credits from the development fees otherwise due from a development and any excess credits to other developments for the same category of necessary public services in the same service area.

(ii) The county reimburses the owner for those costs from the development fees paid from all developments that will use those necessary public services or facility expansions. The county shall allow the owner to assign the reimbursement rights to other developments for the same category of necessary public services in the same service area.

8. Projected interest charges and other finance costs may be included in determining the amount of development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of necessary public services or facility expansions identified in the infrastructure improvements plan.

9. Monies received from development fees shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section. Monies received from development fees identified in an infrastructure improvements plan adopted or updated pursuant to subsection E of this section shall be used to provide the same category of necessary public services or facilities expansions for which the development fee was assessed and for the benefit of the same service area as defined in the infrastructure improvements plan in which the development fees were assessed. Interest earned on monies in the separate fund shall be credited to the fund.

10. The county shall prescribe the schedule for paying the development fees. Based on the costs identified in the infrastructure improvements plan, the county shall provide a credit toward the payment of the development fees for the required or agreed to dedication of public sites, improvements and other necessary public services or facility expansions included in the infrastructure improvements plan and for which development fees are assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer. On request of the developer, instead of providing a credit toward the payment of development fees, the county shall provide for reimbursement from the development fees paid from all development that will use those public sites, improvements or necessary public services or facility expansions of the actual costs of the required or agreed to dedication of public sites, improvements or other necessary public services or facility expansions included in the infrastructure improvements plan and for which development fees are assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer. The developer of residential dwelling units shall be required to pay the fees when construction permits for the dwelling units are issued, or at a later time if specified in the development agreement pursuant to section 11-1101. If a development agreement provides for development fees to be paid at a time later than the issuance of construction permits, the deferred development fees shall be paid not later than fifteen days after the issuance of a certificate of occupancy. The development agreement shall provide for the value of any deferred development fees to be supported by an appropriate security, including a surety bond, letter of credit or cash bond.

11. If a county requires as a condition of development approval the construction or improvement of, contributions to or dedication of any facilities that were not included in a previously adopted infrastructure improvements plan, the county shall cause the infrastructure improvements plan to be amended to include the facilities and shall provide a credit toward the payment of development fees for the construction, improvement, contribution or dedication of the facilities to the extent that the facilities will substitute for or otherwise reduce the need for other similar facilities in the infrastructure improvements plan for which development fees were assessed. If a county requires as a condition of development approval the set aside of active or passive open space, the county shall issue a credit toward any development fees identified in the infrastructure improvements plan to fund any park facilities or facility expansion. On request of the individual or entity seeking development approval, instead of issuing a credit toward the payment of development fees, the county shall provide for reimbursement from the development fees paid from all development that will use those facilities or facility expansions of the actual costs of the construction or improvement of, contributions to or dedication of the public facilities required as a condition of development approval.

12. The county shall forecast the contribution to be made in the future in cash, taxes, fees, assessments and all other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fees.

13. If development fees are assessed against residential development, the county shall also assess development fees against commercial and industrial development. The county may distinguish between different categories of residential, commercial and industrial development in assessing the costs to the county of providing necessary public services to new development and in determining the amount of the development fees applicable to the category, except that the county may not distinguish residential developments on the basis of the size of the dwelling unit or number of bedrooms. If a county agrees to waive any of the development fees assessed on a development, the county shall reimburse the appropriate development fees accounts for the amount that was waived. The county shall provide notice of any such waiver to the advisory committee established pursuant to subsection I of this section.

14. In determining and assessing development fees applying to land in a community facilities district established under title 48, chapter 4, article 6, the county shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fees based on the infrastructure or costs.

15. The county shall not assess or collect development fees from a school district or charter school, other than fees assessed or collected for streets and water and wastewater utility functions.

C. Before assessing development fees, the county shall:

1. Give at least thirty days' advance notice of intention to assess new or increased development fees.

2. Release to the public and post on the county's website a written report of the land use assumptions and infrastructure improvements plan adopted pursuant to subsection E of this section.

3. Conduct a public hearing on the proposed development fees at any time after the expiration of the thirty-day notice of intention to assess development fees and at least thirty days before the scheduled date of adoption of the development fees. Within sixty days after the date of the public hearing on the proposed development fees, the county shall approve or disapprove the imposition of the development fees. A county may not adopt an ordinance, order or resolution approving development fees as an emergency measure.

D. Development fees assessed pursuant to this section are not effective for at least ninety days after formal adoption by the board of supervisors.

E. Before the adoption or amendment of development fees or amendment of the boundaries of a service area, the board of supervisors shall adopt or update the land use assumptions and infrastructure improvements plan for the designated service area. The county shall conduct a public hearing on the land use assumptions and infrastructure improvements plan at least thirty days before the adoption or update of the infrastructure improvements plan. The county shall release the infrastructure improvements plan to the public, post the infrastructure improvements plan on the county's website, including in the posting the land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the land use assumptions and infrastructure improvements plan and provide public notice at least sixty days before the public hearing, subject to the following:

1. The land use assumptions and infrastructure improvements plan shall be approved or disapproved within sixty days after the public hearing on the land use assumptions and infrastructure improvements plan and at least thirty days before the public hearing on the report required by subsection C of this section. A county may not adopt an ordinance, order or resolution approving the land use assumptions or infrastructure improvements plan as an emergency measure.

2. An infrastructure improvements plan shall be developed by qualified professionals using generally accepted engineering and planning practices pursuant to subsection F of this section.

3. A county shall update the land use assumptions and infrastructure improvements plan at least every five years. The initial five-year period begins on the day the infrastructure improvements plan is adopted. The county shall review and evaluate the current land use assumptions and shall cause an update of the infrastructure improvements plan to be prepared pursuant to this section.

4. Within sixty days after completion of the updated land use assumptions and infrastructure improvements plan, the county shall schedule and provide notice of a public hearing to discuss and review the update and shall determine whether to amend the land use assumptions and infrastructure improvements plan.

5. A county shall hold a public hearing to discuss the proposed amendments to the land use assumptions, the infrastructure improvements plan or the development fees. The land use assumptions and the infrastructure improvements plan, including the amount of any proposed changes to the development fees per service unit, shall be made available to the public on or before the date of the first publication of the notice of the hearing on the amendments.

6. The hearing procedures prescribed in paragraph 1 of this subsection apply to a hearing on the amendment of land use assumptions, an infrastructure improvements plan or development fees. Within sixty days after the date of the public hearing on the amendments, a county shall approve or disapprove the amendments to the land use assumptions, infrastructure improvements plan or development fees. A county may not adopt an ordinance, order or resolution approving the amended land use assumptions, infrastructure improvements plan or development fees as an emergency measure.

7. The advisory committee established under subsection I of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated land use assumptions, infrastructure improvements plan and development fees.

8. If, at the time an update as prescribed in paragraph 3 of this subsection is required, the county determines that no changes to the land use assumptions, infrastructure improvements plan or development fees are needed, the county, as an alternative to the updating requirements of this subsection, may publish notice of the determination on the county's website that includes the following:

(a) A statement that the county has determined that no change to the land use assumptions, infrastructure improvements plan or development fees is necessary.

(b) A description and map of the service area in which an update has been determined to be unnecessary.

(c) A statement that by a specified date, which shall be at least sixty days after the date of publication of the first notice, a person may request to the county in writing that the county update the land use assumptions, infrastructure improvements plan or development fees.

(d) A statement identifying the person or entity to whom the written request for an update should be sent.

9. If, by the date specified pursuant to paragraph 8 of this subsection, a person requests in writing that the county update the land use assumptions, infrastructure improvements plan or development fees, the county shall cause, accept or reject an update of the land use assumptions, infrastructure improvements plan or development fees to be prepared pursuant to this section.

10. Notwithstanding the notice and hearing requirements for adoption of an infrastructure improvements plan, the county may amend an infrastructure improvements plan without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause an increase in development fees that is greater than five percent when new or modified development fees are assessed pursuant to this section. The county shall provide notice of the amendment at least thirty days before adoption, shall post the amendment on the county's website and shall provide notice to the advisory committee established pursuant to subsection I of this section that the amendment complies with this subsection.

F. For each necessary public service that is the subject of development fees, the infrastructure improvements plan shall include:

1. A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards. The description shall be prepared by qualified professionals who are licensed in this state, as applicable.

2. An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services. The analysis shall be prepared by qualified professionals who are licensed in this state, as applicable.

3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions, including a forecast of the cost of infrastructure, improvements, real property, financing, engineering and architectural services. The description shall be prepared by qualified professionals who are licensed in this state, as applicable.

4. A table that establishes the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table that establishes the ratio of a service unit to various types of land uses, including residential, commercial and industrial.

5. A description of all the costs necessitated by ongoing maintenance and operations of the necessary public services once construction is completed and a description of the source of revenue to be used to fund the maintenance and operations.

6. The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.

7. The projected demand for necessary public services or facility expansions required by new service units for a period of not more than ten years.

8. A forecast of revenues generated by new service units other than development fees, including estimated state shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.

G. A county's infrastructure improvements plan may identify necessary public services or facility expansions that the county plans to construct beyond the time period provided for in subsection J, paragraph 3 of this section but may not include the costs of those necessary public services or facility expansions in the calculation of development fees.

H. A county's development fees ordinance shall provide:

1. That new development fees or an increased portion of modified development fees may not be assessed against a development for twenty-four months after the date that the county issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site plan or subdivision plat, only if subsequent changes are not made to the approved site plan or subdivision plat that would increase the number of service units. If the number of service units increases, the new or increased portion of modified development fees shall be limited to the amount attributable to the additional service units. The period is not extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the final approval. The county shall issue, on request, a written statement of the development fees schedule applicable to the development. If, after the date of the county's final approval of a development, the county reduces the development fees assessed on development, the reduced fees shall apply to the development.

2. A process for a development to request an alternative development fee calculation or change in category of development that appears on an adopted development fee schedule based on a projection that the actual burdens and costs associated with the county's provision of necessary public services or facility expansions to the development that are to be paid by development fees will differ substantially from those costs projected by the county or will be substantially less than the amount projected to be paid by development fees. The county manager or the county manager's designee shall review the request and make a determination as to the development fee to be assessed. The assessed development fee shall have a substantial nexus to the actual burdens and costs associated with providing the necessary public services or facility expansions to that development that are to be funded by development fees. The determination of the county manager is appealable to the board of supervisors.

I. A county shall do one of the following:

1. Before the adoption of the proposed or updated land use assumptions, infrastructure improvements plan and development fees as prescribed in subsection E of this section, appoint an infrastructure improvements advisory committee, subject to the following requirements:

(a) The advisory committee shall be composed of at least five members who are appointed by the board of supervisors. At least fifty percent of the members of the advisory committee must be representatives of the real estate, development or building industries, of which at least one member of the committee must be from the home building industry. Members may not be employees or officials of the county.

(b) The advisory committee shall serve in an advisory capacity and shall:

(i) Advise the county in adopting land use assumptions and in determining whether the assumptions are in conformance with the general plan of the county.

(ii) Review the infrastructure improvements plan and file written comments.

(iii) Monitor and evaluate implementation of the infrastructure improvements plan.

(iv) Every year file reports with respect to the progress of the infrastructure improvements plan and the collection and expenditures of development fees and report to the county any perceived inequities in implementing the infrastructure improvements plan or assessing the development fees.

(v) Advise the county of the need to update or revise the land use assumptions, infrastructure improvements plan and development fees.

(c) The county shall make available to the advisory committee any professional reports with respect to developing and implementing the infrastructure improvements plan.

(d) The county shall adopt procedural rules for the advisory committee to follow in carrying out the advisory committee's duties.

2. Provide for a biennial certified audit of the county's land use assumptions, infrastructure improvements plan and development fees. An audit pursuant to this paragraph shall be conducted by one or more qualified professionals who are not employees or officials of the county and who did not prepare the infrastructure improvements plan. The audit shall review the progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the infrastructure improvements plan, and evaluate any inequities in implementing the infrastructure improvements plan or imposing the development fees. The county shall post the findings of the audit on the county's website and shall conduct a public hearing on the audit within sixty days after the release of the audit to the public.

J. On written request, an owner of real property for which development fees have been paid after December 31, 2020 is entitled to a refund of the development fees or any part of the development fees if:

1. Pursuant to subsection B, paragraph 6 of this section, existing facilities are available and service is not provided.

2. The county, after collecting the fees to construct a facility when service is not available, has failed to complete construction within the time period identified in the infrastructure improvements plan, but in no event later than the time period specified in paragraph 3 of this subsection.

3. For development fees other than development fees for water or wastewater facilities, any part of the development fees is not spent as authorized by this section within ten years after the fees have been paid or, for development fees for water or wastewater facilities, any part of the development fees is not spent as authorized by this section within fifteen years after the development fees have been paid.

K. If the development fees were collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the county determines that the actual cost of construction was less than the forecasted cost of construction on which the development fees were based and the difference between the actual and estimated cost is greater than ten percent, the current owner may receive a refund of the portion of the development fees equal to the difference between the development fees paid and the development fees that would have been due if the development fees had been calculated at the actual construction cost.

L. A refund shall include any interest earned by the county from the date of collection to the date of refund on the amount of the refunded fees. All refunds shall be paid to the owner of record of the property at the time the refund is paid. If the development fees are paid by a governmental entity, the refund shall be paid to the governmental entity.

M. Development fees that were adopted before January 1, 2017 may continue to be assessed only to the extent that the development fees will be used to provide a necessary public service for which development fees can be assessed pursuant to this section and shall be replaced by development fees imposed under this section on or before January 1, 2021. Any county having development fees that have not been replaced under this section on or before January 1, 2021 may not collect development fees until the development fees have been replaced with fees that comply with this section. Development fees adopted or amended by a county after January 1, 2017 shall comply with this section. Any development fees monies collected before January 1, 2017 remaining in a development fees account:

1. Shall be used towards the same category of necessary public services as authorized by this section.

2. And collected for a purpose not authorized by this section shall be used for the purpose for which the development fees were collected on or before January 1, 2024, and after which, if not spent, shall be distributed equally among the categories of necessary public services authorized by this section.

N. A moratorium may not be placed on development for the sole purpose of awaiting completion of all or any part of the process necessary to develop, adopt or update development fees.

O. In any judicial action interpreting this section all powers conferred on a county by this section shall be narrowly construed to ensure that development fees are not used to impose on new residents a burden all taxpayers of a county should bear equally.

P. Each county that assesses development fees shall submit an annual report accounting for the collection and use of the fees for each service area. The annual report shall include the following:

1. The amount assessed by the county for each type of development fee.

2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year.

3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year.

4. The amount of development fee monies used to repay:

(a) Bonds issued by the county to pay the cost of a necessary public service that is the subject of a development fees assessment, including the amount needed to repay the debt service obligations on each facility for which development fees have been identified as the source of funding and the time frames in which the debt service will be repaid.

(b) Monies advanced by the county from funds other than the funds established for development fees in order to pay the cost of a necessary public service that is the subject of a development fees assessment, the total amount advanced by the county for each facility, the source of the monies advanced and the terms under which the monies will be repaid to the county.

5. The amount of development fees monies spent on each necessary public service or facility expansion that is the subject of a development fees assessment and the physical location of each capital improvement project.

6. The amount of development fees monies spent for each purpose other than a necessary public service or facility expansion that is the subject of a development fees assessment.

Q. Within ninety days following the end of each fiscal year, each county shall submit a copy of the annual report to the clerk of the board of supervisors and post the annual report on the county's website. Copies shall be made available to the public on request. The annual report may contain financial information that has not been audited.

R. A county that fails to file the report and post the annual report on the county's website as required by this section shall not collect development fees until the report is filed and posted.

S. Any action to collect development fees shall be commenced within two years after the obligation to pay the development fees accrues.

T. A county may continue to assess development fees adopted before January 1, 2017 for any facility that was financed before June 1, 2016 if:

1. Development fees were pledged to repay debt service obligations related to the construction of the facility.

2. After January 1, 2018, any development fees collected under this subsection are used solely for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued before June 1, 2016 to finance construction of the facility.

U. Through January 1, 2018, development fees adopted before January 1, 2017 may be used to finance construction of a facility and may be pledged to repay debt service obligations if:

1. The facility that is being financed is a facility that is described under subsection V, paragraph 7, subdivision (a), (b), (c), (d) or (e) of this section.

2. The facility was included in an infrastructure improvements plan adopted before June 1, 2016.

3. The development fees are used for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued to finance construction of the necessary public services or facility expansions identified in the infrastructure improvements plan.

V. For the purposes of this section:

1. "Dedication" means the actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first.

2. "Development" means:

(a) The subdivision of land.

(b) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units.

(c) Any use or extension of the use of land that increases the number of service units.

3. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise new necessary public service in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.

4. "Final approval" means, for nonresidential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat.

5. "Infrastructure improvements plan" means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of development fees and otherwise complies with the requirements of this section and may be the county's capital improvements plan.

6. "Land use assumptions" means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the general plan of the county.

7. "Necessary public service" means any of the following facilities that have a life expectancy of three or more years and that are owned and operated by or on behalf of the county:

(a) Water facilities, including the supply, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities.

(b) Wastewater facilities, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities.

(c) Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the county, traffic signals and rights-of-way and improvements thereon. Improvements to rights-of-way do not include streetcars, railways or other forms of transportation and their corresponding tracks.

(d) Public safety facilities, including all appurtenances, equipment and vehicles. Public safety facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the county, vehicles and equipment used to provide administrative services, helicopters or airplanes, paramilitary vehicles, court and judicial facilities, facilities that are used for training firefighters or officers from more than one station or substation or jail, correctional or detention facilities.

(e) Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Parks and recreational facilities do not include vehicles, equipment of that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, trails, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools and equipment or improvements constituting accessory or incidental amenities to a park or recreational facility allowed under this section.

(f) Any facility that was financed and that meets all of the requirements prescribed in subsection T of this section.

8. "Qualified professional" means a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience.

9. "Service area" means any specified area within the boundaries of a county in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan.

10. "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated using data specific to the service area in which the facility will be located and pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions.

§ 11-1103 Development fees; intergovernmental agreements; purposes

A county may enter into an intergovernmental agreement to accept or disburse development fees for construction of a public facility pursuant to a benefit area plan, including an agreement with a city or special taxing district for the joint establishment of a needs assessment, the adoption of a benefit area plan and the imposition, collection and disbursement of development fees to implement a joint plan for development.

Article 2 Real Estate Transfer Affidavit and Fee

§ 11-1131 Definitions

In this article, unless the context otherwise requires:

1. "Department" means the department of revenue.

2. "Value" means:

(a) In any case other than a gift, the amount of the full actual consideration that is paid or to be paid, including the amount of any lien or liens.

(b) In the case of a gift or a contract or deed with nominal consideration or without stated consideration, the estimated price the property would bring in an open market and under the prevailing market conditions in a sale between a willing seller and a willing buyer, both of whom are conversant with the property and with prevailing general price levels.

§ 11-1132 Real estate transfer fee; collection; disposition of proceeds

A. Before recording a deed or contract relating to the sale or transfer of real property, the county recorder shall collect a fee of two dollars for the deed or contract.

B. The fee prescribed in subsection A of this section is included in the amount charged pursuant to section 11-475, subsection A.

C. The county shall retain all monies collected pursuant to this section in the same manner as monies collected under section 11-475.

§ 11-1133 Affidavit of legal value

A. Each deed evidencing a transfer of title and any contract relating to the sale of real property shall have appended at the time of recording an affidavit of the seller and the buyer to the transaction, or the agent of either the seller or buyer, or both, in a form approved by the department of revenue, who shall declare and jointly certify the following information:

1. The name and address of the buyer and seller.

2. The name and address where a tax statement may be sent.

3. The complete legal description of the property.

4. The situs address, if any, of the property.

5. The date of sale.

6. The total consideration paid for the property, the amount of cash down payment and whether or not the type of financing included cash, a new third party loan, a new loan from the seller, an assumption of an existing loan or an exchange or trade of property.

7. Whether or not the estimated market value of personal property received by the buyer equals five per cent or more of the total consideration.

8. The assessor's parcel number or numbers assigned to the real property by the county assessor or, in the case of a new parcel or parcels not yet assigned a parcel number, the parcel number or numbers of the previous parcel or parcels from which the new parcel or parcels are created.

9. The conditions of the transaction including the relationship, if any, of the parties.

10. The use and description of the property and, in the case of a residential dwelling, whether the property is to be owner-occupied or rented.

11. The name and address of the person to contact regarding information contained on the affidavit.

B. If a beneficiary of a foreclosed trustee's deed receives payment based on private mortgage insurance covering the sale that is in addition to the proceeds of the sale, the beneficiary shall submit, in a form approved by the department of revenue, to the county recorder in the county where the property is located within four months after the date of the trustee's sale a beneficiary's declaration of additional funds received that contains the following:

1. The county assessor's parcel number or numbers assigned as of the date of the trustee's sale.

2. The name and address of the beneficiary submitting the declaration.

3. The date of the trustee's sale.

4. The highest bid amount received by the trustee at the trustee's sale.

5. The recording number of the trustee's deed on sale.

6. The amount of any additional compensation received by the beneficiary within three months after the date of the trustee's sale.

C. The county recorder shall refuse to record any deed and any contract relating to the sale of real property if a complete affidavit of legal value is not appended unless the instrument bears a notation indicating an exemption pursuant to section 11-1134.

D. An affidavit is complete for purposes of this section if all of the required information is stated on the affidavit form or is indicated on the

form as "not applicable".

§ 11-1134 Exemptions

A. The affidavit and fee required by this article do not apply to the following instruments:

1. A deed that represents the payment in full or forfeiture of a recorded contract for the sale of real property.

2. A lease or easement on real property, regardless of the length of the term.

3. A deed, patent or contract for the sale or transfer of real property in which an agency or representative of the United States, this state, a county, city or town of this state or any political subdivision of this state is the named grantor, and authorized seller, or purchaser.

4. A quitclaim deed to quiet title as described in section 12-1103, subsection B or otherwise executed for no monetary consideration.

5. A conveyance of real property that is executed pursuant to a court order.

6. A deed to an unpatented mining claim.

7. A deed of gift.

B. The affidavit and fee required by this article do not apply to a transfer of title:

1. Solely in order to provide or release security for a debt or obligation, including a trustee's deed pursuant to power of sale under a deed of trust.

2. That confirms or corrects a deed that was previously recorded.

3. When the transfer of title has only nominal actual consideration for the transfer of residential property between:

(a) Husband and wife or ancestor of the husband and wife.

(b) Parent and child, including natural or adopted children and their descendants.

(c) Grandparent and grandchild.

(d) Natural or adopted siblings.

4. On a sale for delinquent taxes or assessments.

5. On partition.

6. Pursuant to a merger.

7. For no consideration or nominal consideration:

(a) By a subsidiary to its parent or from a parent to a subsidiary.

(b) Among commonly controlled entities.

(c) From a member to its limited liability company or from a limited liability company to a member.

(d) From a partner to its partnership.

(e) From a partnership to a partner.

(f) From a joint venturer to its joint venture.

(g) From a joint venture to a joint venturer.

(h) From a trust beneficiary to its trustee.

(i) From a trustee to its trust beneficiary.

(j) From any of the entities in subdivisions (a) through (i) of this paragraph to a single purpose entity in order to obtain financing.

8. From a person to a trustee or from a trustee to a trust beneficiary with only nominal actual consideration for the transfer.

9. To and from an intermediary for the purpose of creating a joint tenancy estate or some other form of ownership.

10. From a husband and wife or one of them to both husband and wife to create an estate in community property with right of survivorship.

11. From two or more persons to themselves to create an estate in joint tenancy with right of survivorship.

12. Pursuant to a beneficiary deed with only nominal actual consideration for the transfer.

13. From an owner to itself or a related entity for no or nominal consideration solely for the purpose of consolidating or splitting parcels.

14. Due to a legal name change.

C. Any instrument that describes a transaction that is exempt under this section shall note the exemption on the face of the instrument at the time of recording, indicating the specific exemption that is claimed.

§ 11-1135 Transmitting affidavit or data to county assessor, Arizona state library, archives and public records and department of revenue

A. The county recorder shall:

1. Place the fee or recording number of the deed and the date of recording on the original affidavit.

2. Scan the affidavit and transmit an electronic copy to the department and the Arizona state library, archives and public records, and transmit either the original or an electronic copy of the original to the county assessor.

B. The county assessor shall transmit the data contained within the affidavit to the department.

C. The county shall transmit the original affidavit, when no longer in active use, to the Arizona state library, archives and public records.

§ 11-1136 Administrative and enforcement powers of department

A. The department may prescribe rules that are reasonably necessary to facilitate and expedite the imposition, collection and administration of the fee imposed pursuant to this article.

B. The department or its authorized agents may:

1. Examine books, papers, records or other data bearing on the correctness of any affidavit that is filed or fee that is collected pursuant to this article.

2. Require the attendance of any person and administer oaths and take testimony with respect to these matters.

§ 11-1137 Violations; classification

A. A county recorder or employee of the recorder who knowingly records any deed or contract for which a fee is charged by this article without collecting the additional fee is guilty of a class 2 misdemeanor.

B. Any person who knowingly fails to provide or knowingly falsifies the information that is required by this article on the affidavit of legal value is guilty of a class 2 misdemeanor.

Chapter 9 Protected Development Rights

Article 1 General Provisions

§ 11-1201 Definitions

In this chapter, unless the context otherwise requires:

1. "Landowner" means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to a county a development application for a property for approval.

2. "Property" means all real property subject to zoning regulations and restrictions by a county.

3. "Protected development right" means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan established pursuant to this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 11-1204.

4. "Protected development right plan" means a plan submitted by a landowner to a county, which, if approved by the board of supervisors of the county and if identified as a protected development right plan at the time it is submitted, grants the landowner, for a specified period of time, a protected development right to undertake and complete the development as shown on the plan. The protected development right plan shall be submitted to a county for site development approval. A protected development right plan for a phased development shall be in the form of a plan for a master plan development which may include a plan for a planned unit development, planned community development or district, planned residential development or district or planned area development or district if such land use category or district is recognized and provided for in the zoning ordinance of the county. A protected development right plan for a nonphased development must provide the final site development approval needed for issuance of a building permit.

§ 11-1202 Protected development right; establishment; plan requirements; variance

A. A county may provide by ordinance or resolution the requirements for a development to be a phased development. If a county does not adopt an ordinance or resolution that includes the requirements for a development to be a phased development, a plan submitted as a protected development right plan may be identified as a plan for a phased development plan at the time the plan is submitted.

B. A protected development right plan, at a minimum, shall describe with a reasonable degree of certainty all of the following:

1. The proposed uses of the site.

2. The boundaries of the site.

3. Significant topographical and other natural features affecting development of the site.

4. For other than a phased development, the general location on the site of the proposed buildings, structures and other improvements.

5. The number of dwelling units and, for other than a phased development, the square footage and height of the proposed buildings and other structures.

6. The location of all existing and proposed utilities and provision for other infrastructure on the site, including water, sewer, roads and pedestrian walkways.

C. Nothing in this section is intended to or shall preclude a county from establishing additional requirements for submittal or approval of development plans for any land use category or district and such requirements may include traffic reports or studies, drainage reports or studies, master street plans, development phasing schedules and phased public infrastructure schedules. A county shall require submission of a more detailed plan for each phase of a phased development in order to obtain final site development approval to develop the property.

D. A final subdivision plat which meets the requirements of subsection B, may be designated as a protected development right plan by ordinance or resolution of the board of supervisors upon a finding by the board of supervisors that grants a protected development right to undertake and complete the development shown on the final subdivision plat will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment backed expectations of the landowner.

E. A protected development right is established only for the specific elements of the development or other specific matters shown on the approved protected development right plan. A protected development right is not established for any elements or other matters, or portions of any elements of the development or other matters not shown on the approved protected development right plan.

F. The board of supervisors of a county may designate by ordinance or resolution a development plan that is not identified as a protected development right plan at the time it is submitted as a protected development right plan upon a finding by the board of supervisors that granting a protected development right to undertake and complete the development shown on the plan will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment backed expectations of the landowner.

G. A protected development right shall be deemed established with respect to a property on the effective date of a valid approval of a protected development right plan. The protected development right confers on the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the protected development right plan and this article.

H. A county shall not require a landowner to waive a protected development right as a condition of development approval.

I. A protected development right is subject to the terms and conditions imposed by the county on the protected development right plan approval.

J. A protected development right plan approved with a condition or stipulation that a variance be obtained does not confer a protected development right until the necessary variance is obtained. Approval of a protected development right plan does not guarantee approval of a variance.

§ 11-1203 Duration of a protected development right; termination

A. A protected development right established under a protected development right plan is valid for three years for a nonphased development, five years for a phased development and ten years for a phased development that contains at least one section of land as defined by 43 United States Code section 751 or has a gross acreage of more than six hundred forty acres.

B. A county may extend for a maximum of two additional years, ten years for a phased development that contains at least one section of land as defined by 43 United States Code section 751 or has a gross acreage of more than six hundred forty acres and thirty years for a phased development that has a gross acreage of more than one thousand six hundred acres, the duration of a protected development right obtained through approval of a protected development right plan, if a longer time period is warranted by all relevant circumstances, including the size, type and phasing of the development on the property, the level of investment of the landowner, economic cycles and market conditions. The decision to extend the time period for a protected development right is at the discretion of the county. However, a protected development right shall not remain established for more than five years for a nonphased development, seven years for a phased development, twenty years for a phased development that contains at least one section of land as defined by 43 United States Code section 751 or has a gross acreage of more than six hundred forty acres or forty years for a phased development that has a gross acreage of more than one thousand six hundred acres.

C. After the approval of a protected development right plan, the plan may be subject to subsequent reviews and approvals by the county to ensure compliance with the terms and conditions of the original approval if the reviews and approvals are not inconsistent with the original approval. The county may revoke its approval of the protected development right plan for failure to comply with applicable terms and conditions imposed on the approval.

D. A protected development right terminates at the end of the applicable period established under this section. If a building permit has been issued before the date of termination of a protected development right, the protected development right remains valid until the building permit expires, but in no event for longer than one year. On expiration, only principal structures for which footings or foundations have been completed may be finished under the protected development right. On the expiration of a protected development right, development may continue based on a valid building permit and according to standards in effect at that time. An unexpired building permit issued for a property with a protected development right does not expire or shall not be revoked merely because a protected development right expires under the time limitations specified in this section.

§ 11-1204 Subsequent changes prohibited; exceptions

A. A protected development right established under this section precludes the enforcement against the property to which the protected development right applies of any legislative or administrative land use regulation by a county or pursuant to an initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise impact the development or use of the property as set forth in an approved protected development right plan, except under any one or more of the following circumstances:

1. With the written consent of the affected landowner.

2. On findings, by ordinance or resolution and after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as approved in the protected development right plan.

3. On findings, by ordinance or resolution and after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the county.

4. On the enactment of a state or federal law or regulation that precludes development as approved in the protected development right plan, in which case the governing body of the county, after notice and a hearing, may modify the affected provisions, on a finding that the change in state or federal law has a fundamental effect on the protected development right plan.

B. A protected development right does not preclude the enforcement of a subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or density of use, or ordinances or regulations that are general in nature and that are applicable to all property subject to land use regulation by the county, such as building, fire, plumbing, electrical and mechanical codes.

C. Notwithstanding any other provision of this article, the establishment of a protected development right does not preclude, change or impair the authority of a county to adopt and enforce zoning ordinance provisions governing nonconforming property or uses.

D. This article does not alter or diminish the authority of a county to exercise its eminent domain powers.

§ 11-1205 Protected development right; exercise; agreements

A. A protected development right obtained under this chapter is not a personal right but attaches to and runs with the applicable property. After approval of a protected development right plan, all successors to the original landowner are entitled to exercise the protected development right.

B. Nothing in this article precludes judicial determination, based on common law principles or statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this chapter, nothing in this chapter shall be construed to alter the existing common law of vested rights.

C. Nothing in this article shall preclude, change, or limit the ability of a county to enter into a development agreement as defined in section 11-1101.

§ 11-1206 Protected development right; agreements regarding public safety

Notwithstanding any other law, a county, for public safety purposes and with the written consent of the owner of property which has been granted a protected development right pursuant to section 11-1202 or the owner of any other residential or commercial development subject to the supervision of the county under this title, by resolution or ordinance may provide for:

1. The application and enforcement of speed limits, weight restrictions or other safety measures on a private roadway that is located within any development in the unincorporated areas of the county and that is open to and used by the public provided that a county may require payment from the property owner prior to installation for the actual cost of signs which are required to provide notice of any speed limitation or other restriction which applies on the private roadway.

2. The approval of an extension or addition to any roadway which has been or may be designated as a primitive road pursuant to section 28-6706, provided that any extension or addition is made to connect the primitive road with a road or highway serving a development and the total length of the extension or addition does not exceed one mile. Upon completion of the extension or addition as authorized by this section the entire road may be designated as a primitive road pursuant to section 28-6706 as long as the existing portion of the road qualifies to be so designated pursuant to section 28-6706.

Chapter 10 Community Health System

Article 1 Organization

§ 11-1401 Definitions

In this chapter, unless the context otherwise requires:

1. "Adult day health services" has the same meaning prescribed in section 36-401.

2. "Adult foster care services" has the same meaning prescribed in section 36-401.

3. "Ambulance" has the same meaning prescribed in section 36-2201.

4. "Board of directors" or "board" means the board of directors of a nonprofit corporation that operates a community health system pursuant to this chapter.

5. "Board of supervisors" means the board of supervisors of the sponsoring county.

6. "Bonds" means any bonds, refunding bonds, notes or other debt instrument issued by a nonprofit corporation under this chapter.

7. "Community health system" means the health system maintained, owned or operated by a nonprofit corporation after the transfer date under this chapter.

8. "County health system" means the health system maintained, owned or operated by the sponsoring county immediately before the transfer date.

9. "Emergency medical services" has the same meaning prescribed in section 36-2201.

10. "Health care institution" has the same meaning prescribed in section 36-401.

11. "Health-related services" has the same meaning prescribed in section 36-401.

12. "Health screening services" has the same meaning prescribed in section 36-401.

13. "Health system" means any health care institution and all related real and personal property including, without limitation, all clinics, rehabilitation centers, therapy facilities, outpatient clinics, nursing homes, blood banks, ambulance facilities, extended care facilities, dispensaries, pharmacies, parking facilities, laundry facilities, dormitories, offices and administration buildings, cafeterias and food service facilities, research, laboratory and diagnostic facilities, libraries, information systems and data bases, ambulances, stretcher vans and other medical transportation equipment, education facilities, school-based clinics, equipment, tools, machinery, accounts receivable and other intangible assets, health maintenance organizations, health care services organizations and health insurance plans, including all related reserves, deposits, prepayments, risk pools and similar assets of these organizations and plans, graduate medical and other health care professional educational programs, public health education programs and business operations, in each case maintained, owned or operated for the payment and delivery of medical services, nursing services, home health services, home delivery services, emergency medical services, behavioral health services, long-term care services, health-related services and health screening services, adult day health services, adult foster care services, hospice services, personal care services, respite care services, supervisory care services and medical equipment services.

14. "Health system assets" means all real, personal, tangible and intangible property and rights in property that are used by or accruing to the county health system.

15. "Health system liabilities" means all contingent and accrued debts and other obligations arising out of the maintenance, ownership or operation of the county health system.

16. "Hospice services" has the same meaning prescribed in section 36-401.

17. "Internal revenue code" has the same meaning prescribed in section 42-1001.

18. "Lease agreement" means any agreement providing for the lease and conveyance, if any, of health system assets to a nonprofit corporation under this chapter. A lease agreement may be made a part of an operating agreement.

19. "Medical services" has the same meaning prescribed in section 36-401.

20. "Nonprofit corporation" or "corporation" means a nonprofit corporation that is organized under title 10 and that is qualified or will qualify under section 501(c)(3) of the internal revenue code.

21. "Nursing services" has the same meaning prescribed in section 36-401.

22. "Operating agreement" or "agreement" means an agreement between the sponsoring county and a nonprofit corporation under this chapter for the corporation to assume the health care responsibilities previously performed by the county, including all arrangements and understandings, including a lease agreement, between the county and corporation.

23. "Personal care services" has the same meaning prescribed in section 36-401.

24. "Respite care services" has the same meaning prescribed in section 36-401.

25. "Sponsoring county" means a county that enters into an operating agreement under this chapter.

26. "Supervisory care services" has the same meaning prescribed in section 36-401.

27. "Transfer date" means a date, agreed to by the sponsoring county and a nonprofit corporation, for the lease of any health system assets and the assumption of all or part of the health system liabilities by the corporation.

§ 11-1402 Operating agreement

A. The board of supervisors of a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census may enter into an operating agreement as provided by this chapter with a nonprofit corporation for purposes of:

1. Acting as a provider of health care services for compensation.

2. To assume the responsibility for managing, maintaining and operating a community health system, including health system assets that are transferred to the corporation pursuant to a lease agreement.

B. The board of supervisors may enter into an operating agreement with only one nonprofit corporation for operation in the sponsoring county at any time.

§ 11-1403 Request for expressions of interest

A. Before entering into an operating agreement, the board of supervisors shall publish, four times in a newspaper of general circulation in the county, a request for expressions of interest from existing nonprofit corporations and others. The request shall include the date on which expressions of interest must be submitted to the board.

B. Expressions of interest shall contain the names of parties that wish to enter into the operating agreement and a statement of their ability to comply with the requirements of this chapter.

§ 11-1404 Evaluation of expressions of interest

A. The board of supervisors shall evaluate expressions of interest that are received and may award the operating agreement to a nonprofit corporation that is best qualified to perform the requirements of this chapter, except that the board of supervisors may agree to waive any organizational requirements prescribed by section 11-1405 for an existing nonprofit corporation that is otherwise qualified and that agrees to perform under and comply with the remaining provisions of this chapter.

B. If no qualified existing nonprofit corporation expresses an interest in entering into an operating agreement under this chapter, the board of supervisors may enter into an operating agreement under this chapter with a newly formed nonprofit corporation.

§ 11-1405 Corporate board of directors; membership; terms of office of initial members

A. Unless this requirement is waived under section 11-1404, subsection A, the nonprofit corporation with which the board of supervisors enters into an operating agreement shall be governed by a board of directors consisting of eleven voting members including:

1. The chief executive officer of the corporation.

2. The chief of the medical staff of a hospital in the community health system. If there is more than one chief of staff, the remaining directors shall appoint one to serve on the board of directors. If there is no chief of staff, the board shall appoint a physician who is licensed under title 32, chapter 13 or 17 to practice in this state.

3. At least one attorney who is licensed to practice law in this state.

4. At least one physician who is licensed under title 32, chapter 13 or 17 to practice in this state but who does not practice within the community health system.

5. At least one registered professional nurse who is licensed under title 32, chapter 15 to practice in this state but who does not practice within the community health system.

6. At least one member who has experience in financial management.

B. Except in the case of an existing corporate board of directors, the county board of supervisors shall approve the members of the initial board of directors. Except for the chief executive officer of the corporation, the initial directors' terms shall be determined by lot to terms of office of two, four and six years.

§ 11-1406 Conflicts of interest

Section 38-511 does not apply to this chapter, the nonprofit corporation or an operating agreement entered into under this chapter unless a person who was directly responsible for reaching a settlement of terms or making a recommendation for action to the board of supervisors with respect to the agreement, or who was a member of the board of supervisors at the time of any action by the board of supervisors to approve the establishment of the nonprofit corporation or enter into or modify the operating agreement, is an employee or agent of the nonprofit corporation in any capacity or a consultant to the corporation with respect to the subject matter of the operating agreement.

§ 11-1407 Corporate powers, immunities and limitations

A nonprofit corporation that is organized as provided by this article and that enters into an operating agreement with a sponsoring county:

1. Is considered to:

(a) Exercise its powers for the benefit of the people, to improve their health and welfare and to increase their prosperity.

(b) Engage in a purpose that is essential to public health care.

(c) Have all powers of a nonprofit corporation under title 10.

2. Is entitled to the exemptions and immunities provided by law to similar corporations that are organized for similar purposes including exemptions from taxation of its property and bonds.

3. Possesses and may exercise those powers that are delegated to the corporation by the board of supervisors and that are necessary to satisfy the requirements of section 103 of the internal revenue code as stated in the terms, conditions, restrictions and agreements of the operating agreement. These powers are in addition to the powers that are granted to nonprofit corporations by title 10.

§ 11-1408 Other powers

This chapter does not restrict, limit or preclude the nonprofit corporation from exercising any rights or powers or performing any duties provided or prescribed by any other law of this state. This chapter provides a complete, additional and alternative method for doing the things that it authorizes and is supplemental and additional to powers conferred by other laws.

§ 11-1409 County responsibility for indigent sick

This chapter does not relieve a county of its statutory residual responsibility relating to the indigent sick pursuant to section 11-291.

Article 2 Operation

§ 11-1431 Purposes of the nonprofit corporation

The board of supervisors may enter into an operating agreement only with a nonprofit corporation with articles of incorporation or bylaws that provide that the primary purposes of the corporation under this chapter are to:

1. Provide quality, cost-effective health care services for individuals, families and communities residing, employed or located, as applicable, in the sponsoring county and elsewhere.

2. Act as a provider of health care services for compensation.

3. Assume the responsibility for managing, maintaining and operating health system assets that are transferred to the corporation pursuant to a lease agreement.

4. Provide health care to the public.

5. Promote public health.

6. Support and facilitate medical and public health research and clinical education for health care professionals.

§ 11-1432 Lease of health system assets to nonprofit corporation

A. As part of the operating agreement, the board of supervisors of the sponsoring county may agree to lease health system assets to the nonprofit corporation for purposes prescribed in section 11-1402.

B. If the board of supervisors leases the health system assets to the corporation, the board of supervisors may convey, sell or otherwise transfer title to any of those health system assets, including personal property and improvements to real property, except that:

1. The sponsoring county shall retain title to any fee interest in the land underlying any conveyed improvements.

2. The lease agreement, including any amendments, renewals or extensions of the lease agreement, remains binding and effective according to its terms regardless of ownership of any health system assets.

C. If, under the lease agreement, any of the health system assets or operations are conveyed to the nonprofit corporation, they are presumed to have been conveyed for their current fair market value.

§ 11-1433 Power to acquire and operate community health system

A. The nonprofit corporation may acquire, by purchase, lease or otherwise, and operate the community health system, other health care institutions and real and personal property, both in and outside the sponsoring county.

B. Acquiring or operating other health care institutions and real and personal property does not affect the powers, rights, privileges or immunities conferred on the nonprofit corporation by an operating agreement entered into under this chapter.

§ 11-1434 Operating agreement; required provisions

A. An operating agreement under this chapter shall include the following provisions:

1. The nonprofit corporation's assumption of responsibility for managing, maintaining and operating the health system assets that are leased or transferred pursuant to the lease agreement.

2. The nonprofit corporation's assumption, beginning on the transfer date, of responsibility for, and responsibility to defend, indemnify and hold the sponsoring county harmless with respect to, all or some liabilities relating to the health system assets that are leased or transferred to the corporation as stated in the lease agreement. This assumption may include liabilities accruing before, on or after the transfer date.

3. An agreement by the nonprofit corporation to continue to provide health care to the public, including indigent persons, as one of its primary missions.

4. The nonprofit corporation's undertaking, covenants and indemnification to the sponsoring county against all actions, activities and consequences that may arise out of or relate to any actions taken by the nonprofit corporation pursuant to the lease agreement.

B. An operating agreement under this chapter may include provisions requiring the nonprofit corporation to:

1. Obtain the approval of the board of supervisors of any business transaction by the corporation that may materially and adversely affect the sponsoring county's interests. The agreement shall specify with particularity the type and nature of the transactions that require prior approval of the board of supervisors.

2. Notify the board of supervisors before amending all or part of the corporation's articles of incorporation or bylaws. The articles of incorporation and bylaws may not be amended to remove the requirement prescribed by subsection A, paragraph 3 of this section.

3. Pay all or part of the costs of the board of supervisors that are related to the conveyance and transition of the county health system to the nonprofit corporation.

4. Provide or continue to provide services and programs to the communities and populations served by the county health system.

C. The sponsoring county and nonprofit corporation may also agree in writing to:

1. Any other arrangements, including indemnifications, that they consider appropriate and prudent with respect to the transition of county health system operations to the corporation.

2. Any other provision that is not inconsistent with this chapter or the operating agreement, including contracts for the provision by the sponsoring county or the nonprofit corporation of goods, services and facilities in support of the community health system.

D. Notwithstanding any other law, at its discretion the sponsoring county may agree to provide grants to the nonprofit corporation.

E. Section 42-17106 does not apply to any promise, undertaking, covenant or agreement that is contained in the operating agreement and that commits a sponsoring county to compensate the nonprofit corporation for performing the county's primary function of providing health care services to the indigent. Any such promise, undertaking, covenant or agreement is a lawful long-term contract for all purposes of the constitution and laws of this state.

§ 11-1435 Power to perform operating agreement

A. The board of directors of the nonprofit corporation has all of the powers that are necessary to perform or comply with the obligations of the board of supervisors or the sponsoring county under an operating agreement under this chapter.

B. The operating agreement, and all amendments, renewals or extensions, are exempt from the requirements of section 11-251, paragraphs 9, 18 and 58 and sections 11-256, 11-256.01, 11-256.03 and 11-291.

C. For the purposes of any covenant, condition or restriction that may apply to any real property or health system assets that are leased or transferred to a nonprofit corporation under a lease agreement, the real property and health system assets:

1. Shall be used in a manner that is consistent and complies with the applicable covenants, conditions and restrictions.

2. Are presumed to be used for county hospital purposes consistent with deed restrictions attached to the land that was conveyed to the county.

§ 11-1436 Renegotiation of agreements on change in county's health care duties

A. The operating agreement shall provide that:

1. If the state or federal government amends, modifies, alters or changes the law to reduce the county's financial or programmatic responsibility for health care for the indigent sick of the county, any agreement for compensation or reimbursement between the sponsoring county and the nonprofit corporation is voidable within sixty days after the effective date of the change.

2. During the sixty day period:

(a) The corporation and the sponsoring county shall renegotiate the financial or programmatic terms, or both, of the operating agreement to prevent the corporation from retaining or being compensated in amounts that are greater than fair compensation for its duties and obligations under the agreement in light of the changes in the state or federal law.

(b) The sponsoring county has the right to recoup from the corporation any monies paid that are not consistent with the corporation's receipt of fair compensation in light of the changes in the state or federal law.

3. If the nonprofit corporation and the sponsoring county are unable to complete the required renegotiations within the sixty day period, the corporation shall:

(a) Continue to provide the services and obligations required of it by the terms of the applicable agreement.

(b) Pay to the sponsoring county a penalty in an amount that was previously negotiated between the parties and that is contained in the agreement. The penalty plus interest are the sole obligations of the nonprofit corporation and shall continue to accrue and be paid by the corporation until the renegotiation of the compensation provisions of the agreement are finalized.

B. The agreement may contain provisions permitting arbitration of any dispute if the parties do not complete the renegotiation within the sixty day period.

§ 11-1437 Transfer of county employees

A. The operating agreement:

1. Shall include provisions to ensure that all employees of the county health system are considered for employment by the nonprofit corporation.

2. May include provisions with respect to the transfer of county health system employees, including appropriate arrangements for hiring preferences, employee seniority, rates of pay, benefits, accrued leave and retirement benefits and for financial adjustments and settlements.

B. The nonprofit corporation shall allow employees chosen to perform services under the operating agreement who have ten or more years of credited service with the county health system as of the transfer date and employees who are within four years of becoming eligible for retirement benefits under the Arizona state retirement system as of the transfer date to remain at their option as employees of the sponsoring county on loan to the corporation for purposes of membership in the Arizona state retirement system for up to four years. The corporation shall pay all costs incurred by the county to implement this subsection. The sponsoring county may pay any amounts received from the corporation under this subsection to the Arizona state retirement system regardless of whether the county budgeted the expenditure pursuant to section title 42, chapter 17, article 3. All amounts received by the county from the corporation under this subsection are considered to be held by the county as a custodian pursuant to article IX, section 20, subsection (3), paragraph (d), subdivision (iii), Constitution of Arizona.

C. This chapter shall not be construed to require the nonprofit corporation to employ any employee of the county or the county health system.

§ 11-1438 Existing construction contracts

The nonprofit corporation shall assume and agree to pay the sponsoring county the amounts remaining to be paid on all uncompleted construction contracts entered into by the county before the transfer date for constructing additions to or improvements or modifications of the health system assets leased to the corporation under the lease agreement.

§ 11-1439 Limitation of county liability

A. Debts and other liabilities of the nonprofit corporation are not liabilities or responsibilities of the sponsoring county. Unless expressly authorized by this chapter:

1. Public monies of the county shall not be appropriated to pay the debts or obligations of the corporation.

2. A garnishment, attachment or execution shall not be levied or issued against the sponsoring county for the benefit of any creditor or judgment creditor of the nonprofit corporation whether or not the corporation's obligation accrues by operation of law, contract or tortious act by the corporation or its agents or employees.

B. The nonprofit corporation is not considered to be the alter ego of the sponsoring county, except as specifically permitted by this chapter. A creditor or judgment creditor of the corporation may not pierce the corporate veil of the corporation to seek monetary damages from the sponsoring county.

§ 11-1440 Corporate bonds

A. The nonprofit corporation may issue its corporate bonds in principal amounts as the board of directors determines to be necessary to provide sufficient monies for purposes of the community health system.

B. Bonds issued by the nonprofit corporation:

1. Are entitled to all of the immunities and exemptions afforded bonds of other nonprofit corporations.

2. Are obligations of the nonprofit corporation, and are not in any manner obligations of the sponsoring county or of this state.

3. Do not constitute a legal debt of the sponsoring county or of this state.

4. Are not enforceable against the sponsoring county or this state.

5. Are not enforceable against the county's interest in any health system assets that are leased pursuant to section 11-1432. The county shall not subordinate its lessor interest to any obligee of the nonprofit corporation.

6. Are payable only from the revenues or other assets of the nonprofit corporation that is pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.

§ 11-1441 Honoring outstanding debt obligations of sponsoring county

A. The operating agreement entered into pursuant to this chapter shall require the nonprofit corporation to:

1. Honor all covenants and obligations made by the sponsoring county pursuant to title 35, chapter 3, article 7 with respect to the county health system.

2. Assume and perform all covenants, conditions and requirements undertaken by the sponsoring county pursuant to title 35, chapter 3, article 7 with respect to bonds issued to provide monies for the county health system before the transfer date in which the proceeds were used or intended to be used to finance parts of the county health system covered by the operating agreement.

3. Comply with all covenants and conditions against private use, private security interests and private loans contained in the operating agreement or in any proceeding that pertains to issuing the bonds, notes or other obligations of the sponsoring county issued to originally acquire, construct or purchase the health system assets.

B. Notwithstanding any law to the contrary or the articles of incorporation or bylaws of the nonprofit corporation, any action taken by the corporation in violation of those covenants and conditions described in this section is void.

§ 11-1442 Annual audit and report

The operating agreement entered into pursuant to this chapter shall require:

1. The board of directors to cause an audit to be made of the funds, revenues and expenditures of the nonprofit corporation. The audit shall be conducted within sixty days after the close of the corporation's fiscal year.

2. The nonprofit corporation to prepare and publish an annual report within three months after the end of the corporation's fiscal year containing a full and complete account of its transactions and proceedings for the preceding year and other facts and recommendations that are considered to be of public value. The annual report may also include a copy of the audit under paragraph 1.

3. The corporation to provide copies of the annual report and audit to each member of the sponsoring county's board of supervisors, to the auditor general and, on request, to any member of the public.

Chapter 11 County Regulations

Article 1 General Provisions

§ 11-1601 Definitions

In this article, unless the context otherwise requires:

1. "Design-build" means a construction project delivery system in which the design and construction aspects are contracted for with a single entity known as the design-builder or design-build contractor, and in which the system is used to minimize the project risk for an owner and to reduce the delivery schedule by overlapping the design phase and construction phase of a project entity.

2. "Fire and life safety inspection" means an inspection of a regulated person or facility conducted to ensure fire safety compliance.

3. "Food and swimming pool inspection" means an inspection of a regulated person conducted to ensure the safety of food services, swimming pools and other bathing places.

4. "License" includes the whole or part of any county permit, certificate, approval, registration, charter or similar form of permission required by law.

5. "Licensing" includes the county process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.

6. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character.

7. "Request for corrections" means a request for technical or clarifying corrections from an applicant who has submitted an administratively complete application for a license.

8. "Substantive policy statement" means a written expression that is only advisory and that informs the general public of a county's current approach to, or opinion of, the requirements of the ordinances or regulations, including, if appropriate, the county's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the county and that do not impose additional requirements or penalties on regulated parties or confidential information.

9. "Working day" means a twenty-four hour period excluding weekends and legal holidays.

§ 11-1602 Regulatory bill of rights

To ensure fair and open regulation by counties, a person:

1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12-348.

2. Is entitled to receive information and notice regarding inspections as provided in section 11-1603.

3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11-1604.

4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11-1605.

5. Is entitled to receive written or electronic notice from a county on denial of a license application that:

(a) Justifies the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11-1605.

(b) Explains the applicant's right to appeal the denial as provided in section 11-1605.

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 11-1606.

7. May inspect all ordinances, regulations, rules and substantive policy statements of a county, including a directory of documents, at the office of the county or on the county's website as provided in section 11-1607.

8. Unless specifically authorized, may expect counties 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 11-1604.

9. May file a complaint with the board of supervisors concerning an ordinance, regulation, rule or substantive policy statement that fails to comply with this section.

10. As provided in section 11-1604, is entitled to have a county not request or initiate discussions about waiving any of the rights prescribed in this section.

11. May participate in the rule development process as provided in section 11-251.18, including providing written or verbal comments on proposed rules to a county department or agency and having the agency or department address comments as provided in section 11-251.18.

§ 11-1603 Inspections; applicability

A. A county inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall:

1. Present photo identification on entry of the premises.

2. On initiation of the inspection, state the purpose of the inspection and the legal authority for conducting the inspection.

3. Disclose any applicable inspection fees.

4. Except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection, afford an opportunity to have an authorized on-site representative of the regulated person accompany the county inspector or regulator on the premises, except during confidential interviews.

5. Provide notice of the right to have:

(a) Copies of any original documents taken from the premises by the county during the inspection if the county is permitted by law to take original documents.

(b) A split or duplicate of any samples taken during the inspection if the split or duplicate of any samples, if appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive.

(c) Copies of any analysis performed on samples taken during the inspection.

6. Inform each person whose conversation with the county inspector or regulator during the inspection is tape recorded that the conversation is being tape recorded.

7. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.

B. On initiation of, or two working days before, an inspection of any premises of a regulated person, except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection that has up to one working day after an inspection, a county inspector or regulator shall provide the following in writing or electronically:

1. The rights described in subsection A of this section.

2. The name and telephone number of a county contact person available to answer questions regarding the inspection.

3. The due process rights relating to an appeal of a final decision of a county based on the results of the inspection, including the name and telephone number of a person to contact within the county and any appropriate municipality, county or state government ombudsman.

C. A county inspector or regulator shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in subsection B of this section indicating that the regulated person or on-site representative of the regulated person has read the writing and is notified of the regulated person's or on-site representative of the regulated person's inspection and due process rights. The county shall maintain a copy of this signature with the inspection report. Unless the regulated person at the time of the inspection is informed how the report can be located electronically, the county shall leave a copy with the regulated person or on-site representative of the regulated person. If a regulated person or on-site representative of the regulated person is not at the site or refuses to sign the writing prescribed in subsection B of this section, the county inspector or regulator shall note that fact on the writing.

D. A county that conducts an inspection shall give a copy of, or provide electronic access to, the inspection report to the regulated person or on-site representative of the regulated person either:

1. At the time of the inspection.

2. Notwithstanding any other state law, within thirty working days after the inspection.

3. As otherwise required by federal law.

E. The inspection report shall contain deficiencies identified during an inspection. Unless otherwise provided by law, the county may provide the regulated person an opportunity to correct the deficiencies unless the county determines that the deficiencies are:

1. Committed intentionally.

2. Not correctable within a reasonable period of time as determined by the county.

3. Evidence of a pattern of noncompliance.

4. A risk to any person, the public health, safety or welfare or the environment.

F. If the county allows the regulated person an opportunity to correct the deficiencies pursuant to subsection E of this section, the regulated person shall notify the county when the deficiencies have been corrected. Within thirty working days of receipt of notification from the regulated person that the deficiencies have been corrected, the county shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance, unless the determination is not possible due to conditions of normal operations at the premises. If the regulated person fails to correct the deficiencies or the county determines the deficiencies have not been corrected within a reasonable period of time, the county may take any enforcement action authorized by law for the deficiencies.

G. A county decision pursuant to subsection E or F of this section is not an appealable county action.

H. At least once every month after the commencement of the inspection a county shall provide the regulated person with an update, in writing or electronically, on the status of any county action resulting from an inspection of the regulated person. A county is not required to provide an update after the regulated person is notified that no county action will result from the county's inspection or after the completion of county action resulting from the county's inspection.

I. This section does not authorize an inspection or any other act that is not otherwise authorized by law.

J. This section applies only to inspections necessary for the issuance of a license or to determine compliance with licensure requirements. This section does not apply:

1. To criminal investigations and undercover investigations that are generally or specifically authorized by law.

2. If the county inspector or regulator has reasonable suspicion to believe that the regulated person may be or has been engaged in criminal activity.

3. To inspections by a county board of health or a local health department pursuant to section 36-603.

K. If a county inspector or regulator gathers evidence in violation of this section, the violation shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person's license or is a civil penalty of more than one thousand dollars.

L. Failure of a county employee to comply with this section:

1. Constitutes cause for disciplinary action or dismissal pursuant to chapter 2, article 10 of this title.

2. Shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty.

M. A county may adopt rules or ordinances to implement this section.

N. This section:

1. Shall not be used to exclude evidence in a criminal proceeding.

2. Does not apply to a county inspection that is requested and scheduled by the regulated person.

§ 11-1604 Prohibited acts by county and employees; enforcement; notice

A. A county shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.

B. Unless specifically authorized, a county shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.

C. This section does not prohibit county flexibility to issue licenses or adopt ordinances or codes.

D. A county shall not request or initiate discussions with a person about waiving that person's rights.

E. This section may be enforced in a private civil action and relief may be awarded against a county. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against a county for a violation of this section.

F. A county employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the county's adopted personnel policy.

G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

H. A county shall prominently print the provisions of subsections A, B, C, D, E, F and G of this section on all license applications.

I. The licensing application may be in either print or electronic format.

§ 11-1605 Licensing time frames; compliance; consequence for failure to comply with time frame; exemptions; definitions

A. For any new ordinance or code requiring a license, a county shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the county's website or the website of an association of counties if the county does not have a website.

B. On or before December 31, 2012, a county that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the county's website or the website of an association of counties if the county does not have a website. Counties shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.

C. In establishing time frames, counties shall consider all of the following:

1. The complexity of the licensing subject matter.

2. The resources of the county.

3. The economic impact of delay on the regulated community.

4. The impact of the licensing decision on public health and safety.

5. The possible use of volunteers with expertise in the subject matter area.

6. The possible increased use of general licenses for similar types of licensed businesses or facilities.

7. The possible increased cooperation between the county and the regulated community.

8. Increased county flexibility in structuring the licensing process and personnel including:

(a) Adult businesses and other licenses that are related to the first amendment.

(b) Master planned communities.

(c) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal licenses or approvals from public utilities on residential or commercial development projects.

9. That the substantive review time frames and overall time frames do not include the time required for an applicant to obtain other noncounty licenses or to participate in meetings as required by law.

D. A county shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic notice of administrative completeness or deficiencies.

E. If a county determines that an application for a license is not administratively complete, the county shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. If the county issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the county receives the missing information from the applicant. The county may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the county, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.

F. If a county does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a county issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the county. A county may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the county, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.

G. During the substantive review time frame, a county may make one comprehensive written or electronic request for corrections. If the county identifies legal requirements that were not included in the comprehensive request for corrections, the county may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. If the permit sought requires approval of more than one department of the county, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the county may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a county issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the county receives the corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to a request for corrections and may have no more than an additional fifty per cent of the substantive review time frame as established by the county for that license to grant or deny the license, a county may make one additional comprehensive written or electronic request for corrections. Nothing shall prevent communication between a county and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. A county may consider an application withdrawn if, by thirty days or longer after the date of notice, as established by the county, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.

H. Nothing shall prevent the county from continuing to process the application during the suspension of the substantive review time frame and overall time frame.

I. By mutual written or electronic agreement, a county and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty per cent of the overall time frame.

J. Unless a county and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I of this section, a county shall issue a written or electronic notice granting or denying a license to an applicant. If a county denies or withdraws an application for a license, the county shall include in the written or electronic notice at least the following information:

1. Justification for the denial or withdrawal with references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements on which the denial or withdrawal is based.

2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a county contact person who can answer questions regarding the appeals process.

3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which those fees were calculated.

K. If a county does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed on time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The county shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The county shall continue to process the application. Notwithstanding any other statute, the county shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by the applicant.

L. If an application for a license is denied because revisions or corrections were not submitted or considered within the allowed time frame, or withdrawn, and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the county shall not assess any additional fees that exceed fifty per cent of the original application fees that have not been refunded to the applicant provided that the application is submitted before the time of destruction of the original application file pursuant to section 41-151.15. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.

M. This section does not apply to a license that is either:

1. Issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance.

2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community.

N. For the purposes of this section:

1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long-range, multiphase master plan providing comprehensive land use planning and staged implementation and development.

2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.

§ 11-1606 License application process

A county that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license:

1. A list of all of the steps the applicant is required to take in order to obtain the license.

2. The applicable licensing time frames.

3. The name and telephone number of a county contact person who can answer questions or provide assistance throughout the application process.

4. The website address and any other information, if applicable, to allow the regulated person to use electronic communication with the county.

5. Notice that an applicant may receive a clarification from the county of its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement as provided in section 11-1609.

§ 11-1607 Directory of documents

The county shall publish, or prominently place on the county website, at least annually a directory summarizing the subject matter of all currently applicable ordinances, regulations, rules, and substantive policy statements. The county shall keep copies of this directory and all substantive policy statements at one location. The directory, ordinances, regulations, rules, substantive policy statements and any materials incorporated by reference in these documents shall be open to public inspection at the office of the county or the county website.

§ 11-1608 Complaints; procedures

A. The board of supervisors shall establish a procedure for receiving complaints from an adversely affected person concerning ordinances, rules, regulations, substantive policy statements or county practices alleged to violate this article or section 11-251.18.

B. The board of supervisors may require the complaint to be made in writing and to include the following information:

1. The name and address of the adversely affected person making the complaint.

2. The ordinance, rule, regulation, substantive policy statement or county practice alleged to violate this article or section 11-251.18.

3. Any facts relevant to, and the legal basis for, the complaint.

C. Procedures adopted by the board of supervisors pursuant to this section shall include reasonable time frames to address complaints and shall provide a process for appeal.

§ 11-1609 Clarification of interpretation

A. An applicant for a license subject to this article may request a county to clarify its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement affecting the procurement of that license by providing the county with a written request that states:

1. The name and address of the applicant requesting the clarification.

2. The statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification.

3. Any facts relevant to the requested ruling.

4. The applicant's proposed interpretation of the applicable statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification.

5. Whether, to the best knowledge of the applicant, the issues or related issues are being considered by the county in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A, the county may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The county shall provide the applicant with an opportunity to meet and discuss the county's written explanation.

C. The county may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the board of supervisors or a court decision.

§ 11-1610 Exemptions

This article does not apply to:

1. A county function, power or duty to the extent that it is subject to title 49, chapter 3, article 3.

2. An ordinance, regulation or substantive policy statement that relates to only the internal management of a county and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

3. An ordinance, regulation or substantive policy statement that relates to only the physical servicing, maintenance, operation or care of county owned or operated facilities or property.

4. An ordinance, regulation or substantive policy statement that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the county or a patient admitted to an institution or treatment center pursuant to court order.

5. An ordinance, regulation or substantive policy statement that relates to a county contract.

6. A design-build project in which, at the request of the applicant, the county agrees to exempt the project from this article. If there is no such agreement, all of the requirements of this article apply.

§ 11-1611 Limitation on regulatory actions; health, safety and welfare; goods and services; definitions

A. Unless authorized by federal, state or local law a county may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.

B. Unless authorized by federal, state or local law, a county may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.

C. For the purposes of this section:

1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services.

2. "Qualified marketplace platform" means an organization, including a corporation, limited liability company, partnership, sole proprietor or any other entity, that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services.

§ 11-1612 Regulation of occupation, trade or profession; notice; hearing; exemptions; definition

A. A county may not impose an occupational licensing requirement on any occupation, trade or profession unless the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public.

B. Beginning August 3, 2018, a county may not impose an occupational licensing requirement on any occupation, trade or profession on which the county has not previously imposed a fee, requirement or other regulation unless the county adopts the occupational licensing requirement pursuant to the procedures prescribed in subsection C of this section and demonstrates that the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public.

C. Before adopting an occupational licensing requirement on any occupation, trade or profession, a county shall hold at least one public hearing on the proposed occupational licensing requirement. The county shall publish notice of the time and place of the public hearing on the occupational licensing requirement, including a general explanation of the matter to be considered, as provided by section 39-204. In cases of occupational licensing requirements enacted on behalf of a private person, the private person shall pay the expense of publication and may designate the newspaper.

D. If the county adopts an occupational licensing requirement pursuant to this section, the county shall determine and establish administrative rules and procedures for the application and enforcement of the occupational licensing requirement. The county may:

1. Assign or delegate administrative powers and duties to any agency, as necessary.

2. Create administrative agencies.

3. Provide for officials and for monies for the compensation of officers, employees and agencies and for the support of their work.

E. A county that does not adopt an occupational licensing requirement is not prohibited from adopting an occupational licensing requirement in the future if the county follows the procedures in subsection C of this section when reconsidering the requirement.

F. An occupational licensing requirement adopted pursuant to this section shall terminate five years after its adoption unless the county continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires.

G. An occupational licensing requirement that is in effect on August 3, 2018 shall terminate August 3, 2023 unless the county continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires and demonstrates the occupational licensing requirement is necessary to protect the health, safety or welfare of the public.

H. This section does not apply to an occupational licensing requirement on an individual who works or seeks employment in a lawful occupation, trade or profession at:

1. A structured sober living home as defined in section 11-269.18.

2. An establishment that provides an adult service as defined in section 11-811.

3. An adult oriented business as defined in section 11-811.

4. A public airport under title 28, chapter 25.

I. For the purposes of this section, "occupational licensing requirement":

1. Means:

(a) A rule, regulation, practice or policy that is adopted by a county and that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession.

(b) A fee or tax that a county imposes on an individual to use an occupational title or work in a lawful occupation, trade or profession.

2. Does not include:

(a) A business license, facility license, building permit or zoning and land use regulation.

(b) Any license or regulation that is required by federal law.

§ 11-1613 Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity

A. Notwithstanding any other law, if a county requires a license or permit for any free speech or assembly activity or any activity that changes the use, appearance or density of a structure or land, the county shall specify in clear and unambiguous language the criteria for granting the license or permit, unless criteria are established by existing state or federal law.

B. A county shall approve or deny application submittals for the activities prescribed in subsection A of this section within sixty days after a submittal is deemed administratively complete pursuant to section 11-1605 unless another time frame is specified by a county ordinance or state or federal law. If the county does not take action on a submittal within the applicable time frame, the submittal is deemed approved, unless the submittal is incomplete, the county provides notice pursuant to section 11-1605 and the applicant fails to complete the submittal.

C. In a court proceeding involving a denial of a license or permit for any of the activities prescribed in subsection A of this section, the court, without deference to a previous determination made by the county, shall determine whether the approval criteria language is clear and unambiguous.

Chapter 12 Residential Rental Inspection Programs

Article 1 General Provisions

§ 11-1701 Definitions

In this chapter, unless the context otherwise requires:

1. "Building code" means the construction codes that were in force at the time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated. With respect to mobile homes as defined in section 33-1409, building code means the federal construction codes applicable to homes constructed after June 15, 1976, and the state codes applicable to homes constructed before that date.

2. "Countywide residential rental property inspection program" means any program that includes systematic or periodic inspections of a majority of rental properties in the county that have not been previously found to meet the requirements of section 11-1702.

3. "Exterior inspection" means the visual inspection of any portion of a residential dwelling unit that can be seen from a public street or other right-of-way, or that can be seen from an adjacent property if a complaint or consent is received from the adjacent property owner, lawful resident or lawful tenant.

4. "Initial inspection" means the first inspection of a residential rental dwelling unit after the establishment by ordinance or resolution of a residential rental inspection program.

5. "Interior inspection" means a physical or visual inspection of the interior of a residential rental dwelling unit and other portions of a residential rental dwelling unit that are not visible from a public street, right-of-way or neighboring property that is made for the purpose of looking for building code violations.

6. "Mobile home park" has the same meaning prescribed in section 33-1409.

7. "Multifamily housing" means site built buildings containing residential dwelling units, but does not include mobile home parks.

8. "Owner" means the person, corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust shown on the lawfully recorded title to the property.

9. "Residential dwelling unit" means a building or structure or part of a building or structure that is used for a home or residence by one or more persons who maintain a household, including a mobile home regardless of ownership of the land.

10. "Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or more tenants. A dwelling unit that is occupied in part by the owner of the dwelling unit is not a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit that has its own cooking and sleeping areas, a bathroom and a separate entrance, unless otherwise provided in a zoning ordinance of the county. Residential rental dwelling unit does not include an owner occupied mobile home in a mobile home park that is not owned by the landlord of the mobile home park.

11. "Residential rental licensing requirement" means a requirement established by a county that property owners or property managers obtain a license or permit from the county, with or without an associated fee, before they can legally engage in the rental of dwelling units in the county.

12. "Residential rental registration requirement" means any requirement established by a county for rental housing owners or managers to submit information to the county as already required to be submitted to the county assessor under section 33-1902.

§ 11-1702 Individual property inspections

A. For individual residential rental properties the county may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:

1. Conditions that materially affect the health and safety of the occupants as prescribed by section 11-1703.

2. A significant level of crime associated with the property.

3. A documented history of building code violations.

4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the county.

5. There is probable cause that the residential rental property is not in compliance with the county's building code.

6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.

B. If the county determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property's tenant has vacated, the county may require an additional inspection and approval by the county before a new occupancy is permitted.

C. Before entry the county shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.

D. This section does not limit the authority of a county to:

1. Perform an exterior inspection of any property in the county's jurisdiction at any time.

2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the county's jurisdiction.

3. Perform interior, exterior or construction jobsite inspections of new construction before issuance of a certificate of occupancy.

4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.

5. Perform an interior inspection of any property during an emergency or natural disaster.

E. A county may designate any of its departments to perform all or part of the duties granted to the county pursuant to this chapter.

§ 11-1703 Material affect on health and safety of occupants

For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions:

1. Inadequate sanitation, ventilation or space requirements, including the following:

(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.

(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the county in which the property is located.

(c) Lack of hot and cold running water to plumbing fixtures.

(d) Lack of adequate heating and cooling.

(e) Lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.

(f) Lack of minimum amounts of natural light and ventilation as required by the building code.

(g) Inadequate room and space dimensions as required by the building code.

(h) Lack of required adequate electricity and lighting as required by the building code.

(i) Infestation of insects, vermin or rodents.

(j) Lack of connection to a sewage disposal system as required by the building code.

(k) Lack of adequate garbage and rubbish storage and removal facilities.

2. Structural hazards, including the following:

(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided with adequate drainage.

(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.

(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.

(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or that are of insufficient size or strength to carry imposed loads with safety.

3. Hazardous wiring that does not conform with the building code or that has not been maintained in good condition, or both, and that is not being used in a safe manner.

4. Hazardous plumbing that does not conform with the building code or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.

5. Hazardous mechanical equipment, including vents that do not conform with the building code or that have not been maintained in good and safe condition and that are not working properly.

6. Faulty weather protection that may include:

(a) Significantly deteriorated, crumbling or loose plaster.

(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7. Fire hazards or inadequate fire protection, including:

(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code and that is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

(b) Any building or portion of a building that is not provided with fire-resistive construction or fire extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conformed with all applicable building code laws and that have fire-resistive integrity and fire extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(c) Lack of adequate fire detection systems as required by law.

8. Faulty materials or construction that is not specifically allowed or approved by the building code or that has not been adequately maintained in good and safe condition.

9. Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.

10. Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.

11. Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.

12. Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13. Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law.

§ 11-1704 Countywide residential rental property inspection program requirements; residential rental licensing or registration prohibition

A. A county may adopt a countywide residential rental property inspection program only if the following occurs:

1. The county conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held county board meeting that occurs at least thirty days after the public hearing.

2. The ordinance or resolution is adopted by at least a majority vote of the entire board.

3. The county notifies all owners of residential rental properties who are then currently registered with the county assessor of the county.

4. The notice to owners is mailed by first class mail at least twenty days before the required public hearing.

5. A notice of the public hearing is published in a local newspaper of general circulation and posted on any official county website not less than two weeks before the required public hearing.

B. A county shall not adopt a residential rental licensing requirement for residential rental properties or property owners.

C. A county shall not adopt a residential rental registration requirement. A county shall obtain rental registration information only from the county assessor's office.

§ 11-1705 Inspection fees

A. A county shall not charge a fee for nonpermit related initial exterior inspections, initial interior inspections that are requested by an owner of record or a lawful tenant, for initial interior inspections pursuant to issuance of a warrant, initial annual inspection pursuant to a residential rental inspection program or for an initial follow-up inspection where all building code violations identified to the property owner with a written notice or citation have been corrected.

B. A county may charge a reasonable fee:

1. For each subsequent follow-up interior or exterior inspection to ensure compliance with a citation or notice issued for violations of the building code that materially affect the health and safety of residents.

2. If an owner fails to correct a violation for which a notice or citation has been issued and the owner has been given adequate time to correct the violation. For the purposes of this paragraph, adequate time shall be no less than fifteen calendar days. For the purposes of this section, a reasonable fee may include the costs incurred by the county for all related inspections before the failure of the owner to correct identified violations.

C. Notwithstanding subsection B of this section, a violation of the building code that immediately threatens the health and safety of occupants shall be cited and repaired immediately.

Chapter 13 Wireless Structures and Facilities

Article 1 General Provisions

§ 11-1801 Definitions

In this article, unless the context otherwise requires:

1. "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services.

2. "Applicable codes" means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article.

3. "Applicant" means any person that submits an application and that is a wireless provider.

4. "Application" means a request that is submitted by an applicant to a county on a form provided by the county for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole.

5. "Cable operator" has the same meaning prescribed in section 9-505 and includes a video service provider. Cable operator does not include a special taxing district.

6. "Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole.

7. "Communications service" means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service.

8. "Communications service provider" means a cable operator, a provider of information service as defined in 47 United States Code section 153(24), a telecommunications carrier as defined in 47 United States Code section 153(51) or a wireless services provider.

9. "County utility pole" means a utility pole that is owned or operated by a county and that is in a right-of-way.

10. "Fee" means a onetime charge to process an application and inspect any work performed by an applicant pursuant to a permit issued by the county.

11. "Law" means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance.

12. "Permit" means written permission issued by a county to install, mount, maintain, modify, operate or replace a utility pole or to collocate a small wireless facility on a utility pole or wireless support structure.

13. "Person" means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a county.

14. "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns.

15. "Rate" means a onetime charge for the granting of a right to use a portion of a right-of-way as specified in a permit or to collocate a small wireless facility on or adjacent to a utility pole or to install, modify or replace a utility pole as specified in a permit.

16. "Right-of-way" means the area on, below or above a county roadway, highway, street, sidewalk, alley or utility easement. Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider.

17. "Small wireless facility" means a wireless facility that meets both of the following qualifications:

(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume.

(b) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 2017. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision:

(i) An electric meter.

(ii) Concealment elements.

(iii) A telecommunications demarcation box.

(iv) Grounding equipment.

(v) A power transfer switch.

(vi) A cutoff switch.

(vii) Vertical cable runs for the connection of power and other services.

18. "Special taxing district" means a special district formed pursuant to title 48, chapter 11, 12, 17, 18, 19, 20 or 22.

19. "Utility pole" means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals or a similar function.

20. "Wireless facility":

(a) Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:

(i) Equipment associated with wireless communications.

(ii) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration.

(b) Includes small wireless facilities.

(c) Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic cable that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.

(d) Does not include Wi-Fi radio equipment described in section 9-506, subsection I or microcell equipment described in section 9-584, subsection E.

21. "Wireless infrastructure provider" means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities or utility poles but that is not a wireless services provider. Wireless infrastructure provider does not include a special taxing district.

22. "Wireless provider" means a cable operator, wireless infrastructure provider or wireless services provider.

23. "Wireless services" means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

24. "Wireless services provider" means a person that provides wireless services. Wireless services provider does not include a special taxing district.

25. "Wireless support structure":

(a) Means:

(i) A freestanding structure.

(ii) A tower, either guyed or self-supporting.

(iii) Any other existing or proposed structure designed to support or capable of supporting small wireless facilities.

(b) Does not include a utility pole.

§ 11-1802 Exclusive arrangements prohibited; permit; rates, fees and terms; access and use of county structures

A. A county may not enter into an exclusive arrangement with any wireless provider for use of a right-of-way for the construction, operation or maintenance of utility poles or the collocation of small wireless facilities on utility poles or wireless support structures.

B. Subject to subsection C of this section, a county may require a permit and charge a fee for processing an application by a wireless provider and conducting associated inspections for the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure in a right-of-way. Any fee charged pursuant to this section must be reasonable and conform to authorized and published fees for similar permits issued by the county and may not exceed one hundred dollars per collocation or installation.

C. For the collocation of a small wireless facility on a utility pole or wireless support structure in the right-of-way that is not owned by the county and that does not include ground-mounted equipment, the county may not charge a wireless provider a rate or fee and may not require a permit.

D. A county may charge a wireless provider a rate for the wireless provider's use of a right-of-way in accordance with this section. The county may:

1. For the collocation of a small wireless facility on a utility pole or wireless support structure that is not owned by the county that includes ground-mounted equipment, charge a rate for the ground-mounted equipment using the methodology described in paragraph 5 of this subsection, require an application and charge a fee. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars.

2. For the collocation of a small wireless facility on a county utility pole that does not include ground-mounted equipment, charge a rate using the methodology described in paragraph 5 of this subsection that does not exceed twenty dollars. If the collocation includes ground-mounted equipment, the county may charge an additional rate using the methodology described in paragraph 5 of this subsection. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars.

3. For the installation of a utility pole, together with the collocation of small wireless facilities, that will not be owned by the county, charge a wireless provider a rate using the methodology described in paragraph 5 of this subsection. The rate may not exceed one hundred seventy-five dollars. An additional rate may not be charged for collocated small wireless facilities, including ground-mounted equipment that is requested in the application.

4. For the replacement of a utility pole owned by the county, require the applicant to comply with the county's processes and requirements for installing such structures. The county may not charge a rate for the replaced utility pole.

5. Charge a rate that has been lawfully adopted and published. The rate shall be based on the average fair market value of the county right-of-way that is suitable for the deployment of wireless facilities and utility poles. All materials used to derive these values shall be readily available to the public at least ninety days before the adoption of the rate. The rate adopted shall be based on ninety percent of the average fair market values that have been determined and are subject to the applicable rate caps in paragraphs 1, 2 and 3 of this subsection.

E. A county shall:

1. Adopt an ordinance establishing rates, fees and terms for the following:

(a) The installation, modification or replacement by a wireless provider of a utility pole located in a right-of-way.

(b) The collocation by a wireless provider of a small wireless facility in a right-of-way.

(c) The collocation by a wireless provider of a small wireless facility on a county utility pole.

2. Adopt the ordinance described in paragraph 1 of this subsection within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted under section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.

3. Establish rates, fees and terms that comply with this section. The terms:

(a) May not be unreasonable or discriminatory.

(b) May include requirements applicable to other users of the right-of-way.

(c) May require that the wireless provider's operation of the small wireless facilities and wireless facilities in the right-of-way does not interfere with the county's public safety communications.

(d) May not require the placement of small wireless facilities on any specific utility pole or category of utility poles or require multiple antenna systems on a single utility pole.

(e) May not limit the placement of pole-mounted small wireless facilities by minimum separation distances but may require reasonable spacing requirements that concern the location of ground-mounted equipment.

F. Agreements that are in effect on August 9, 2017 between counties and wireless providers and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on county utility poles, remain in effect, subject to applicable termination provisions. The wireless provider may elect to pay the rates and fees provided under subsection D of this section for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees and terms become effective, if the wireless provider notifies the county of the wireless provider's election and agreement to comply with the terms adopted by the county under subsection E of this section.

G. This chapter does not relieve a wireless provider from any applicable requirement to obtain a franchise, license or other permission to provide communications service or to install, place, maintain or operate facilities or structures that are not authorized by this chapter in the right-of-way to provide a communications service.

§ 11-1803 Access to right-of-way by wireless providers

A. Subject to this section and sections 11-1802, 11-1804, 11-1806, 11-1807, 11-1809 and 11-1810, a wireless provider may construct, install, modify, mount, maintain, operate and replace utility poles along, across, on and under the right-of-way and collocate small wireless facilities on utility poles and wireless support structures.

B. The following requirements apply to the construction, installation, mounting, maintenance, modification, operation or replacement of utility poles by a wireless provider in the right-of-way and the collocation of small wireless facilities on utility poles or wireless support structures by wireless providers in the right-of-way:

1. A county shall issue a permit for the collocation of small wireless facilities on or adjacent to a county utility pole or the collocation of small wireless facilities with ground-mounted equipment adjacent to any other party's utility pole or wireless support structure if both of the following apply:

(a) The applicant provides the sealed statement of a registered engineer demonstrating that the utility pole or wireless support structure is structurally sound and able to support the proposed small wireless facility.

(b) The collocation complies with applicable codes and the terms for collocation adopted under section 11-1802, subsection E.

2. The collocation of small wireless facilities pursuant to paragraph 1 of this subsection is a permitted use in all zoning districts and zoning review and approval is not required. If the applicant fails to demonstrate that a county utility pole is structurally sound and able to support the proposed small wireless facility, the county may condition a permit on replacement of the county utility pole at the applicant's expense. The wireless provider's request to install a replacement utility pole will be processed under section 11-1802, subsection D, paragraph 4. The county shall own the replacement utility pole.

3. A county shall issue a permit for the installation, modification or replacement of a utility pole if all of the following apply:

(a) The applicant provides the sealed statement of a registered engineer demonstrating that the utility pole is structurally sound and able to support the proposed small wireless facility.

(b) The proposed location of the utility pole complies with reasonable restrictions adopted by the county that require distances of separation between utility poles, ground-mounted equipment and wireless support structures.

(c) The installation, modification or replacement complies with the applicable codes and terms for installation, modification or replacement adopted under section 11-1802, subsection E.

4. The installation, modification or replacement of a utility pole approved pursuant to paragraph 3 of this subsection is a permitted use in all zoning districts and subject to only administrative zoning review and approval unless the installation, modification or replacement would not comply with the height requirements of paragraph 5 of this subsection, an undergrounding requirement described in paragraph 6 of this subsection or a pole spacing requirement described in paragraph 7 of this subsection.

5. A proposed or modified utility pole installed in a county right-of-way may not exceed the greater of ten feet in height above the tallest utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017 and that is located within five hundred feet of the proposed utility pole in the same right-of-way or fifty feet above ground level. An applicant may apply for an administrative waiver to exceed these height limitations.

6. Wireless providers must comply with undergrounding requirements that prohibit the installation of new structures in a right-of-way without prior approval if such requirements do not prohibit the replacement of existing structures and facilities. An applicant may apply for an administrative waiver to install a utility pole in a right-of-way where such undergrounding requirements apply.

7. Wireless providers shall comply with reasonable requirements concerning spacing between utility poles and ground-mounted equipment in the right-of-way. An applicant may apply for an administrative waiver to install a utility pole in closer proximity to another pole or ground-mounted equipment than these spacing requirements would permit.

C. A county shall adopt an administrative waiver process for subsection B, paragraphs 5, 6 and 7 of this section that complies with section 11-1605. The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving a request by a wireless provider, whichever is later. An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.

§ 11-1804 Collocation of small wireless facilities; permits

A. Except as provided in this section and sections 11-1802, 11-1803, 11-1806, 11-1807, 11-1809 and 11-1810, a county may not prohibit, regulate or charge for the collocation of small wireless facilities inside a right-of-way.

B. For collocations for which an application is required, an applicant seeking to collocate multiple small wireless facilities within the jurisdiction of a single county may file a consolidated application for the collocation of up to thirty-five small wireless facilities within a right-of-way if the collocations each involve substantially the same type of small wireless facilities and substantially the same type of utility pole or wireless support structure. The county may remove from the consolidated application and treat separately small wireless facility collocations for which incomplete information has been provided, that do not qualify for consolidated treatment or that are denied. The county may issue separate permits for each collocation that is approved in a consolidated application. Application fees, if required, shall be capped at one hundred dollars for each small wireless facility for up to five small wireless facilities addressed in a single application and sixty-five dollars for each additional small wireless facility addressed in the application.

C. An application shall include an attestation that the small wireless facilities will be collocated on the utility pole or wireless support structure and that the small wireless facilities will be operational for use by a wireless services provider to provide service within one year after the date on which the permit is issued.

§ 11-1805 Applicability; location outside of a county-owned right-of-way

A. This section applies to the installation, modification or replacement by a wireless provider of a utility pole or the collocation by a wireless provider of a small wireless facility on a utility pole or a wireless support structure outside of the right-of-way.

B. The installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is a permitted use in every zoning district in the county except for single-family residential zoning districts.

C. The installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is not a prohibited use in any zoning district in the county.

D. In any zoning district in which the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is not a permitted use, the county shall establish a procedure by which an applicant may seek to install, modify or replace a utility pole or collocate a small wireless facility on a utility pole or a wireless support structure.

E. Except as provided in this section, all zoning requirements of the zoning district in which the applicant seeks to install, modify or replace a utility pole or collocate a small wireless facility on a utility pole or a wireless support structure outside the right-of-way that are generally applicable to all applicants within that zoning district apply to the applicant.

F. The county may adopt reasonable zoning requirements that are applicable only to the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure and that reflect sound zoning and planning.

G. A fee for a zoning application and approval required under this section shall conform to the fees applicable to similar applications within the county.

H. For zoning applications required under this section, a county shall either:

1. Incorporate the application process and time frames for the installation, modification or replacement of a utility pole or wireless support structures, or for the collocation of small wireless facilities, into processes and time frames previously adopted by the county pursuant to section 11-1605.

2. Adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures, or for the collocation of small wireless facilities, that comply with section 11-1605. The application process and time frames shall be adopted within the period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted under section 11-1605 for the adoption of an ordinance, or ninety days after receiving a request by a wireless provider, whichever is later.

§ 11-1806 Application processing

A. A county shall adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures inside of the right-of-way or for the collocation of small wireless facilities inside of the right-of-way that comply with section 11-1605. The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.

B. An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.

C. A county may not:

1. Directly or indirectly require an applicant to perform services that are unrelated to the application, such as in-kind contributions to the county, including reserving fiber, conduit or pole space on the wireless provider's pole for the county.

2. Require an applicant to provide more information to obtain a permit than the county requires of a communications service provider that is not a wireless provider and that requests to attach facilities to a structure.

3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing permits or other approvals, if any, for the collocation of a small wireless facility.

4. Require an application for routine maintenance or the replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller. A county may require a permit to work within a right-of-way for such activities, if applicable. A permit issued pursuant to this paragraph is subject to the requirements of this section.

D. Issuance of a permit by a county shall allow the applicant to do both of the following:

1. Collocate the small wireless facilities or construct, install, mount, maintain, modify, operate or replace the utility pole or wireless support structure, as specified in the permit.

2. On final inspection of all work completed pursuant to the permit, subject to applicable relocation requirements and the wireless provider's right to terminate at any time, operate and maintain the small wireless facilities. A permit may not state a duration period for operation and maintenance.

E. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure or private property without the consent of the property owner.

§ 11-1807 General requirements concerning use of the right-of-way by wireless providers

Utility poles, wireless support structures and wireless facilities deployed by wireless providers pursuant to this article shall be constructed and maintained as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with any other utility facilities in the right-of-way or interfere with a utility's use of the utility's facilities in the right-of-way. Construction and maintenance by the wireless provider shall comply with the national electrical safety code and all applicable laws and regulations for the protection of underground and overhead utility facilities. A county shall treat a wireless provider's utility facilities located within a right-of-way on an equal basis with other utility facilities, except that a county may adopt reasonable regulations to address the separation of the wireless provider's utility facilities from the other utility facilities within the right-of-way to prevent any damage to or interference with other utility facilities or interference with a utility's use of the utility's facilities located or to be located within the right-of-way.

§ 11-1808 Scope of local authority

A. Subject to this article and applicable federal law, a county may exercise zoning, land use, planning and permitting authority and the county's police power within the county's territorial boundaries, including for the installation, modification and replacement of wireless support structures and utility poles.

B. A county does not have any jurisdiction or authority over the design, engineering, construction, installation or operation of any small wireless facility located in an interior structure or on the site of any campus, stadium or athletic facility that is not owned or controlled by the county other than to comply with applicable codes.

C. This article does not authorize this state or any political subdivision of this state, including a county, to require small wireless facility deployment or to regulate wireless services.

§ 11-1809 Dispute resolution

A court of competent jurisdiction in this state shall determine all disputes arising under this article.

§ 11-1810 Applicability

This article does not:

1. Affect the authority of a special taxing district, investor-owned electric utility or electric cooperative that owns, controls or operates utility poles or wireless support structures to deny, limit, restrict or determine the rates, fees, terms and conditions for the use of or attachment to its utility poles or wireless support structures by a wireless provider.

2. Confer on any county any zoning, land use, planning, permitting or other regulatory authority over the utility poles, wireless support structures or small wireless facilities owned, controlled or operated by a special taxing district or the installation of such utility poles, wireless support structures or small wireless facilities by a special taxing district.

3. Amend, modify or otherwise affect any private easement. Any and all rights for the use of a right-of-way are subject to the rights granted pursuant to any private easement.

Chapter 14 Video Service

Article 1 General Provisions

§ 11-1901 Definitions

In this chapter, unless the context otherwise requires:

1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a video service provider.

2. "Agreement" means any agreement or contract.

3. "Boundaries of a county" or "boundaries" means all of the area of the county that is not within the corporate limits of any city or town, including unincorporated territory that is surrounded on all sides by a combination of one or more cities, towns or Indian reservations.

4. "Cable operator" has the same meaning prescribed in 47 United States Code section 522.

5. "Cable service" has the same meaning prescribed in 47 United States Code section 522.

6. "Cable system" has the same meaning prescribed in 47 United States Code section 522.

7. "Commercial mobile service provider" means a person that provides commercial mobile service as defined in 47 United States Code section 332(d) or commercial mobile radio service as described in 47 Code of Federal Regulations section 20.3.

8. "Day" means a calendar day, except a Saturday or Sunday or a holiday prescribed in section 1-301.

9. "Gross revenue":

(a) Means all cash, credits, property of any kind or nature or other consideration that is received directly or indirectly by a video service provider, its affiliates, or any person, firm or corporation in which the video service provider has a financial interest or that has a financial interest in the video service provider and that is derived from the video service provider's operation of its video service network to provide video service in the service area.

(b) Includes all revenue from charges for video service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive video service and any other receipts from subscribers derived from the video service provider's operation of the video service network to provide video service, including receipts from forfeited deposits, sale or rental of equipment to provide video service, late charges, interest and sale of program guides.

(c) Does not include:

(i) Any revenue not received, even if billed, such as bad debt net of any recoveries of bad debt or any refunds, rebates, credits, allowances or discounts to subscribers to the extent that the refund, rebate, credit, allowance or discount is attributed to video service.

(ii) Revenue from commercial advertising on the video service network, the use or lease of studio facilities of the video service network, internet access service, the use or lease of its facilities located in the highways, the use or lease of leased access channels or bandwidth, the use or lease of towers, the production of video programming by the video service provider, the sale, exchange, use or cablecast of any programming by the video service provider in the service area, sales to the video service provider's subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expenses, license fees, taxes or other fees or charges that the video service provider collects and pays to any governmental authority, any increase in the value of any stock, security or asset or any dividends or other distributions made from any stock or securities.

10. "Highway" means all roads, streets and alleys and other dedicated public rights-of-way that are operated and maintained by the county.

11. "Holder" means a video service provider that has been issued a uniform video service license pursuant to this chapter.

12. "Holdover cable operator" means an incumbent cable operator that elects under sections 11-1912 and 11-1913 to continue to operate within its service area pursuant to its local license.

13. "Incumbent cable operator" means a cable operator or other video service provider that on December 31, 2019 is providing video service in this state pursuant to a local license.

14. "Information service" has the same meaning prescribed in 47 United States Code section 153.

15. "Interactive computer service" has the same meaning prescribed in 47 United States Code section 230(f).

16. "License" means a franchise as defined in 47 United States Code section 522.

17. "License fee" means a license fee imposed by a county on a video service provider for using the highways to provide and for the privilege of providing video service.

18. "Local law" means any code, ordinance, resolution, regulation or other law of a county.

19. "Local license" means any license, agreement, permit or similar authorization that meets all of the following:

(a) Allows a person to construct or operate a video service network within the boundaries of a county.

(b) Is issued, granted, approved, extended or renewed by the county before January 1, 2020 pursuant to the authority of any federal, state or local law in effect at the time of the issuance, grant, approval, extension or renewal.

(c) Is effective under federal, state or local law on December 31, 2019 for the person to continue to construct or operate a video service network within the boundaries of a county.

20. "Multichannel video programming distributor" has the same meaning prescribed in 47 United States Code section 522.

21. "Service area" means that part of the boundaries of a county within which a video service provider is authorized to provide video service pursuant to a uniform video service license or a local license.

22. "Subscriber":

(a) Means any person in this state that purchases video service.

(b) Does not include any person that purchases video service for resale and that, on resale, is required to pay a license fee pursuant to this chapter or the terms of a local license.

23. "Telecommunications":

(a) Means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received, regardless of the facilities, equipment or technology used.

(b) Does not include commercial mobile radio service, pay phone service, interstate service or cable service.

24. "Telecommunications provider" means a person that is required to obtain from the corporation commission a certificate of public convenience and necessity to provide telecommunications service.

25. "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the equipment, facilities or technology used.

26. "Uniform video service license" means a license that is issued by a county in the form of a uniform video service license agreement as adopted pursuant to section 11-1911.

27. "Video service":

(a) Means the provision by a video service provider of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, video service or other digital television service, whether provided as part of a tier, on demand or on a per-channel basis, without regard to the technology used to deliver the video service, including internet protocol technology or any successor technology.

(b) Includes cable service.

(c) Does not include any of the following:

(i) Video programming accessed through a service that enables users to access content, information, email, messaging or other services that are offered via the internet, including streaming content.

(ii) Direct-to-home satellite services as defined in 47 United States Code section 303(v).

(iii) Wireless multichannel video programming that is provided by a commercial mobile service provider.

28. "Video service network":

(a) Means a wireline network, or any component of a wireline network, that is located in this state, constructed in whole or in part in, on, under or over any highway and used to provide video service.

(b) Includes a cable system.

29. "Video service provider":

(a) Means any person that provides or offers to provide video service over a video service network to subscribers in this state.

(b) Includes an incumbent cable operator that elected pursuant to sections 11-1912 and 11-1913 to terminate its local license and a multichannel video programming distributor.

(c) Does not include any of the following:

(i) A holdover cable operator.

(ii) A provider of video programming accessed through a service that enables users to access content, information, email, messaging or other services that are offered via the internet, including streaming content.

(iii) A provider of direct-to-home satellite services as defined in 47 United States Code section 303(v).

§ 11-1902 State preemption; uniform regulation and licensing

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern. Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation by a county. The regulation of video service pursuant to this chapter, including application to the local licenses of incumbent cable operators, is reasonable and necessary to promote all of the following:

1. Provision of competitive video, telecommunications and information service throughout this state.

2. More uniform regulation of competitive video service throughout this state.

3. Streamlined licensing by counties and more uniform terms and conditions for video service providers that use highways to provide video and other services over video service networks.

4. Continued management by counties of use of their highways with reasonable burdens on construction and maintenance across boundaries for video service providers to use highways to provide video and other services over video service networks.

5. Continued levying of license fees by counties on subscriber service revenues derived from operating video service networks to provide video service.

6. Support for federal subscriber service standards.

B. To the fullest extent allowed by federal law, this chapter occupies the entire field of licensing and regulation of video service.

C. Except as otherwise provided in this chapter, from and after December 31, 2019 this chapter preempts and limits the ability of a county to regulate or enforce all of the following:

1. The application of title 9, chapter 5, article 1.1 to video service providers.

2. Any local law and any agreement with a county that does any of the following:

(a) Requires a person other than a holdover cable operator to obtain or hold from a county any license, permit or similar authorization that is a prerequisite to providing video service or to constructing, maintaining or using the highways to operate a video service network in the highways within its boundaries.

(b) Regulates the provision of video service or the construction or operation of a video service network if the local law does not conform to this chapter.

(c) Imposes on a video service provider any requirement that is related to infrastructure, facilities or deployment of equipment that does not conform to this chapter, including office location, institutional network, build-out, line extension, investment or other operational requirements that are not directly related to the county's management of development, use and occupancy of the highways.

(d) Requires a video service provider to obtain a license or other authorization from the county to provide telecommunications service, information service, interactive computer service or other service if the video service provider uses its video service network within the boundaries of the county to provide the service.

(e) Requires a video service provider to pay to locate in ducts or conduits or on poles owned by the county if the county requires installation in the ducts or conduits or on the poles.

§ 11-1903 Limited application

This chapter does not:

1. Prevent a telecommunications provider from exercising any rights or authority that the telecommunications provider has as a public utility under federal or state law.

2. Affect any authority of a county, an agricultural improvement district, any special taxing district or any other person that controls utility poles on the highways to deny, limit, restrict or determine the rates, terms and conditions for the use of or attachment by a video service provider to utility or other poles owned by the county or other person. For the purposes of this paragraph, "authority of a county" includes police powers.

3. Vest in the corporation commission any authority or jurisdiction over video service, video service providers or video service networks or over the rates, terms and conditions of pole attachments under 47 United States Code section 224.

4. Affect or preempt any generally applicable local laws, including a county's police power, to manage use and occupancy of the highways within the county's boundaries or to exercise the county's police powers if the county applies the local laws and exercise of police powers to all users of the highways in a nondiscriminatory manner.

Article 2 Local Licenses

§ 11-1911 Counties; uniform video service license agreement; forms; provisions

A. From and after December 31, 2019, a county has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries.

B. Not later than August 27, 2019, each county shall adopt a standard form of uniform video service license agreement for video service providers to be used by the county and a standard form of application and affidavit as described in section 11-1914. A county shall prescribe other forms only as necessary to implement this chapter.

C. The uniform video service license agreement adopted under subsection B of this section must include all of the following provisions in substantially the following form and may not include any other provisions:

1. The name of the video service provider, its type of entity and its jurisdiction of formation.

2. The address and telephone number of the video service provider's principal place of business.

3. The name and address of the video service provider's principal executive officers or general partners and any persons authorized to represent the video service provider before the county.

4. If the video service provider is not an incumbent cable operator, the date on which the provider expects to provide video service in the area identified under paragraph 5 of this subsection.

5. An exact description of the service area to be served, as identified by a geographic information system digital boundary that meets or exceeds national map accuracy standards.

6. A requirement that the video service provider pay the license fees required under this chapter and all other lawful fees and charges imposed by the county.

7. A requirement that the video service provider file in a timely manner with the federal communications commission all forms required by that agency before offering video service in the service area, including the forms required by 47 Code of Federal Regulations section 76.1801.

8. A requirement that the video service provider agrees to comply with and be subject to all valid and enforceable federal and state laws.

9. A requirement that the video service provider agrees to comply with all generally applicable, nondiscriminatory local laws, including highway use, mapping, insurance, performance bonds, security fund, indemnification or similar requirements that apply to the use and occupation of any highway and that conform to this chapter.

10. A requirement that the video service provider comply with the public, education and government programming requirements of this chapter.

11. A requirement that the video service provider comply with all customer service rules of the federal communications commission under 47 Code of Federal Regulations section 76.309(c) applicable to cable operators.

12. A requirement that the video service provider comply with the consumer privacy requirements of 47 United States Code section 551 applicable to cable operators.

13. A grant of authority by the county to provide video service in the service area as described under paragraph 5 of this subsection.

14. A grant of authority by the county to use and occupy the highways in the delivery of the video service, subject to the laws of this state and the police powers of the county.

15. The term of the uniform video service license.

16. A requirement that the parties to the agreement are subject to and must comply with this chapter.

D. Except as otherwise provided in this chapter, from and after December 31, 2019 a person may not act as a video service provider or construct or operate a video service network within the boundaries of a county without first having been issued and continuing to hold a uniform video service license with a service area encompassing the boundaries.

E. A local license shall remain enforceable in accordance with its terms until terminated under section 11-1912, subsection B.

§ 11-1912 Incumbent cable operator; election on local license; procedure to obtain uniform video service license and terminate local license

A. From and after December 31, 2019, an incumbent cable operator may elect to do either of the following:

1. Continue to operate within a service area as defined in the local license pursuant to section 11-1913.

2. Terminate the incumbent cable operator's local license for a service area by applying for and obtaining a uniform video service license pursuant to this article.

B. On or before July 1, 2020, to elect to terminate a local license under subsection A of this section in the same manner as any other video service provider, an incumbent cable operator shall apply for a uniform video service license that includes only the service area that is defined in the local license. If an incumbent cable operator obtains a uniform video service license for the service area, both of the following apply:

1. The applicant's local license is terminated as to the service area by operation of law from and after the date the county issues the uniform video service license.

2. The incumbent cable operator shall operate within the service area defined in the local license unless the incumbent cable operator elects under section 11-1914, subsection C to apply for a uniform video service license for a service area that consists of the boundaries of the county.

§ 11-1913 Incumbent cable operator; procedure to continue operating under local license

A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 11-1912, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local license and shall comply with the local license for as long as it remains in effect for the service area. The local license is not effective for the service area from and after the date the local license expires by its terms. The county may not unilaterally renew or extend the term of the local license for the service area. The county and the holdover cable operator shall comply with all of the following, which shall continue to apply to the local license:

1. Title 9, chapter 5, article 1.1.

2. Section 9-584.

3. Title 9, chapter 5, article 8.

4. Chapter 13, article 1 of this title.

B. To operate within a service area from and after the date the local license expires, the holdover cable operator must apply for and obtain a uniform video service license in the same manner as any other video service provider.

C. If a holdover cable operator is issued a uniform video service license with a service area that includes the service area defined under the local license while operating pursuant to the local license under subsection A of this section, the uniform video service license does not become effective until the local license expires.

D. A holdover cable operator that elects to apply for a uniform video service license shall do so at least one month before the local license expires.

§ 11-1914 Uniform video service license; application; fees

A. To obtain a uniform video service license, a person shall file with the clerk of the county an application and affidavit that are signed by one of the principal executive officers or general partners of the applicant and that comply with this section.

B. The application and affidavit shall be in the form required by the county and shall be required to contain all of and not more than the following:

1. Each service area in which the applicant intends to provide video service in the format as described in section 11-1911, subsection C. Except as provided in section 11-1912, subsection B, paragraph 2, under a uniform video service license the boundaries of the county are a single service area and the service area consists of all of the territory within the boundaries of that county.

2. The information prescribed by section 11-1911, subsection C, paragraphs 1 through 4. The holder shall notify the county in writing of changes to this information within thirty days after the change occurs.

3. The term of the uniform video service license, which may not exceed ten years.

4. An agreement to pay all lawful fees and charges imposed by the county.

C. An incumbent cable operator described in section 11-1912, subsection B, paragraph 2 may elect to apply for a uniform video service license for a service area that consists of the boundaries of a county.

D. If the county determines that the application and affidavit are incomplete or otherwise deficient for failure to comply with this section, the county shall provide written notice to the applicant not later than fifteen days after the date of filing of the application and affidavit. The written notice shall do both of the following:

1. Explain the incompleteness or deficiency in detail.

2. Specify the information or other items that are necessary under this section for proper completion of the application and affidavit.

E. The county may not do any of the following:

1. Charge a fee for filing or processing an application, affidavit, notice or other document under this chapter.

2. Vote on or take other official action regarding the application, affidavit, notice or other document.

3. Require the applicant to obtain the approval of the county regarding the application, affidavit, notice or other document.

4. Require the applicant to enter into an agreement as described in section 11-1942, subsection I.

§ 11-1915 Authority granted by uniform video service license; conditions and limitations prohibited; providing video service

A. Within the time frame that the county has in place under section 11-1605 but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 11-1914, the county shall issue a uniform video service license to the applicant in the form prescribed by section 11-1911. If the county does not notify the applicant about the completeness of the uniform video service license agreement within the time period prescribed by section 11-1914, subsection D or issue the agreement within the time period required under this subsection, the agreement shall be considered complete and issued to the applicant in the form submitted.

B. The uniform video service license issued to an applicant, including an incumbent cable operator, by a county is a nonexclusive license granting to the holder of the uniform video service license the authority for the term requested in the application to do all of the following:

1. Provide video service in all service areas designated in the application and affidavit filed with the county.

2. Construct and operate a video service network in the highways in each service area in compliance with this chapter and all local laws that conform to this chapter and the purposes and objectives of this chapter.

C. A county may not condition or limit a uniform video service license by imposing any obligation or requirement that is not authorized by this chapter, including any of the following:

1. Any office location, institutional network or other build-out, line extension, investment or other requirements relating to the overall scope, extent and timing of infrastructure, facilities or deployment of equipment.

2. Any requirements to pay to any person any application, document, license, service or other fee, tax, charge or assessment that is not authorized by this chapter.

D. A holder of a uniform video service license shall provide video service in accordance with the certifications made by the holder in each application and affidavit that the holder files with the county pursuant to this article.

§ 11-1916 Amendment of uniform video service license to add service area

A. To add one or more new service areas to a uniform video service license, the holder shall file with the clerk of the county an application for an amendment to the uniform video service license to add each new service area.

B. The application is subject to the same procedures, requirements, limitations and time periods as an application for issuance of a uniform video service license pursuant to sections 11-1914 and 11-1915.

§ 11-1917 Termination of service

A. To terminate the authority to provide video service to an existing service area authorized under the uniform video service license, the holder of the uniform video service license shall file with the clerk of the county written notice of the termination.

B. The holder may terminate service on and after the date that the holder files the written notice with the clerk of the county.

C. The holder shall:

1. Comply with applicable federal laws, including rules and regulations of the federal communications commission.

2. Give all affected subscribers and counties notice at least ninety days before termination of service in all of a service area that consists of the boundaries of the county.

§ 11-1918 Boundary change; license fees; exemption; notice

A. Each county whose boundaries change shall notify in a timely manner each video service provider that operates in the boundaries. Notification shall be made by certified mail, email or personal delivery.

B. A video service provider may not be subject to or required to pay license fees on gross revenues as prescribed in section 11-1943 within the area encompassed by a boundary change for at least thirty days after the notification of a boundary change, required by subsection A of this section, is provided to the video service provider.

C. The notice required by subsection A of this section shall be provided to the contact person and address specified by the video service provider. The video service provider shall inform the county of any change in the designated contact person or address by providing written notice to the county board of supervisors.

§ 11-1919 Transfer of uniform video service license

A. Except as otherwise provided in this section or otherwise required by federal law, including rules and regulations of the federal communications commission, a uniform video service license is fully transferable to any person whether the transfer arises through merger, sale, assignment, restructuring, change of control or other type of transaction. A transfer does not include an assignment of a uniform video service license for the purpose of securing indebtedness. A transfer may include less than all service areas associated with a uniform video service license.

B. The holder shall file with the clerk of the county written notice of the transfer of the uniform video service license. On the filing of notice under this subsection, the transferee becomes the holder.

§ 11-1920 Extension

A. To extend the term of a uniform video service license, the holder of the uniform video service license shall file with the clerk of the county at least one month before the end of the term of the uniform video service license a notice to extend the term for a specified period not to exceed ten years.

B. Effective on the date the holder files the written notice with the clerk of the county, the term is extended for the specified period from and after the date of the end of the then-current term.

C. Transferring, amending or modifying a uniform video service license under other sections of this article does not extend the term of the uniform video service license.

§ 11-1921 Subscriber complaints

A. A subscriber may submit complaints about video service to any of the following:

1. The county where the subscriber resides.

2. The attorney general.

3. The federal communications commission.

4. Other authorities as provided by law.

B. A county may choose to monitor and assist subscribers with the subscriber service standards pursuant to 47 Code of Federal Regulations section 76.309(c) or to be identified on bills to subscribers as the local franchise authority for a service area consistent with rules of the federal communications commission.

Article 3 Duties of Video Service Providers

§ 11-1931 Video service; revocation for nonuse

A. Not later than twenty-four months after the date that a county issues a uniform video service license pursuant to sections 11-1914 and 11-1915 or an amended uniform video service license pursuant to section 11-1916, the holder of the uniform video service license shall offer and provide video service to at least one subscriber within each service area authorized by the uniform video service license or amended uniform video service license unless the holder cannot meet the requirement for reasons beyond the holder's control.

B. If a holder fails to comply with subsection A of this section, a county may revoke the holder's uniform video service license for affected service areas.

§ 11-1932 Reports; confidentiality; definition

A. A video service provider that is not an incumbent cable operator and that holds a uniform video service license with a service area within the boundaries of a county shall prepare and submit to the county a semiannual report that identifies the locations within the boundaries that are able to receive video service from the video service provider. This reporting requirement applies until the video service provider has constructed all of the facilities the video service provider intends to construct within the boundaries of the county.

B. The video service provider shall file the report with the county not later than twenty days after the last day of the second and fourth calendar quarters of each year.

C. Information contained in a report that is submitted to a county pursuant to this section:

1. Is confidential proprietary information of the video service provider.

2. Is not a public record.

3. Must be managed so that any critical infrastructure information contained in the report is protected as provided by law.

4. May not be disclosed to any person who is not an officer or employee of the county unless the video service provider has consented in writing to the disclosure.

D. For the purposes of this section, "critical infrastructure information" has the same meaning prescribed in section 41-1801.

§ 11-1933 Nondiscriminatory manner; compliance with standards and federal law

A. A video service provider shall activate and offer video service in a nondiscriminatory manner within each service area and may not deny access to video service to any group of potential residential subscribers within a particular part of a service area because of the income profile of the persons who reside in that part of the service area.

B. In providing video service, a video service provider shall comply with all of the following:

1. 47 United States Code section 551.

2. All engineering and safety codes applicable to the video service provider's construction practices and installation of equipment.

3. Any technical standards governing the design, construction and operation of a video service network required by federal law.

4. 47 Code of Federal Regulations part 11, as adopted and as may be amended by the federal communications commission, to the extent those provisions require a video service provider to participate in the emergency alert system.

5. 47 Code of Federal Regulations sections 76.309, 76.1601, 76.1602, 76.1603, 76.1604, 76.1618, 76.1619, 76.1620, 76.1621 and 76.1622, as adopted and as may be amended by the federal communications commission, on standards governing the quality of video service and subscriber service. A video service provider may not be required to comply with any subscriber service standards that are more burdensome than those set forth in this paragraph.

Article 4 Counties

§ 11-1941 Management of highways; counties; permits or licenses

A. In managing a highway under local laws described in section 11-1911, subsection C, paragraph 9, a county may manage the use of the highway including all of the following:

1. Requiring a video service provider that is constructing, installing, working within, maintaining or repairing facilities in, on, under or over any highway to obtain a construction, encroachment or occupancy permit for the work.

2. Inspecting the construction, installation, maintenance or repair work performed on such facilities.

3. Limiting installation of new aerial facilities.

B. If a video service provider requests a permit or inspection, the county shall grant or deny the request within the time frame that the county has in place under section 11-1605.

C. If emergency response work or repair becomes necessary in, on, under or over any highway, a video service provider may begin that work or repair without prior approval from a county if the video service provider notifies the county as promptly as reasonably possible after learning that the work or repair is necessary.

§ 11-1942 Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition

A. Except the license fee on gross revenue authorized by section 11-1943 and excise taxes as provided in subsection B of this section, a county may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the highways to provide video service or levy a tax, fee or charge on the privilege of engaging in the business of providing video service in the service area. Taxes, rents, fees and charges include all of the following:

1. Access channel support except for in-kind services, goods or payments as provided in subsection C of this section.

2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a video service provider's use or occupancy of the highways, including the use authorized by subsection D of this section except that a county may impose on a video service provider some or all of the fees and charges described in this paragraph. A video service provider shall offset the fees and charges imposed pursuant to this paragraph against the next license fee payment made pursuant to section 11-1943.

B. Any excise taxes otherwise authorized by local law to be levied on the business of providing video service or in relation to use of the highways to provide video service may be levied on a video service provider if the taxes are levied only on gross revenue and the rate of the taxes is subject to this subsection. This subsection does not authorize the imposition of excise taxes on interstate telecommunications service. The license fee and any excise taxes levied on gross revenue constitute a franchise fee within the meaning of the term in 47 United States Code section 542(g). The total of the rates of the license fee and of any excise taxes on gross revenue levied or assessed by a county for the privilege of providing video service and related use of the highways to provide video service may not exceed a rate of five percent.

C. Subsection A of this section does not prohibit a county from levying fees and charges on a video service provider or its affiliates pursuant to section 9-584 or chapter 13, article 1 of this title without an offset against license fees.

D. A county may not require a video service provider to provide in-kind goods or services, make in-kind payments, assessments or obligations or pay a fee in addition to the monetary license fee levied or assessed as provided in section 11-1943, except for any of the following:

1. A local law may impose and enforce obligations equally and uniformly on all video service providers that are operating within the boundaries of a county and on all holdover cable operators that hold a local license that remains in effect under section 11-1914, subsection A. Under the local law, a county:

(a) May require all video service providers to provide channel capacity for the video service provider to transmit programming over which the video service provider exercises no editorial control except as authorized by 47 United States Code section 531(e). The channel capacity shall be limited to one of the following:

(i) Not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the video service network.

(ii) Not more than two lines of access programming with each line of programming carried on up to two standard definition channels and two switched digital high-definition channels.

(b) Shall specify the programming and the video service provider may require that the channels regularly display an unobtrusive logo or other suitable identifier of the video service provider, if the county requires channel capacity pursuant to subdivision (a) of this paragraph.

(c) May require all video service providers to incur costs and expenses to provide, maintain and operate facilities and equipment of the video service network, including facilities and equipment for signal carriage, processing, reformatting and interconnection for all of the following:

(i) To connect the video service network or cable system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities.

(ii) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.

(d) May require all video service providers and incumbent cable operators to provide at no initial or recurring charge the basic service tier of video service to one outlet and one receiving device at each building occupied by the county if the building is not more than two hundred feet from the nearest technically and commercially feasible point of connection on the video service network.

2. A county may retain nonreceiving equipment that it owns without charge for the equipment's use and at the county's expense, including equipment previously provided by an incumbent cable operator.

E. A local law may not impose any obligation on a video service provider under subsection D of this section that is more burdensome than the least burdensome requirement under any local license with a service area within the boundaries of the county that was in effect on February 1, 2019.

F. None of the annual fair market value of any channel capacity provided pursuant to subsection D, paragraph 1, subdivision (a), the annual costs and expenses incurred pursuant to subsection D, paragraph 1, subdivision (c) and the annual fair market value of basic service and line extension provided pursuant to subsection D, paragraph 1, subdivision (d) may be offset against the license fee levied or assessed under this section.

G. Notwithstanding subsection A of this section, by a nondiscriminatory local law that imposes and enforces the obligations equally and uniformly on all video service providers operating within the boundaries of a county, a county may require that a video service provider bear all of the reasonable costs that are associated with repair and restoration of damage caused to private property or highways by the repair, replacement, installation, construction, maintenance or operation of the video service provider's facilities in the highways and that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under section 9-582, subsection C.

H. On application, a county shall issue to a video service provider or its affiliate a permit to attach allowed Wi-Fi radio equipment to the video service network in the highways within the boundaries of the county. The permit shall allow installation, operation and maintenance of allowed Wi-Fi radio equipment. A county may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal or be connected directly to and mounted at the same height as one of the video service provider's aerial horizontal conductors. This subsection does not do any of the following:

1. Prohibit a county from requiring a video service provider to place underground aerial facilities to which allowed Wi-Fi equipment is attached.

2. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.

3. Affect the authority of a county to manage the highways within its boundaries or to exercise its police powers, including review and approval of an application before issuing a permit.

4. Affect any authority of a political subdivision, including an agricultural improvement district or any other special taxing district, the county or any other person controlling utility poles in the highways to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the political subdivision, county or other person by a video service provider.

I. This section does not prohibit a video service provider from agreeing with a county to provide in-kind services or goods or make in-kind payments in the service area that are otherwise prohibited by this section if the agreement with the county is not entered into as a condition of operating in the service area under a uniform video service license issued pursuant to this chapter. The agreement may authorize the video service provider to retain license fees and taxes collected from its subscribers in the amount of any offset to license fees specified in the agreement.

J. For the purposes of this section, "allowed Wi-Fi radio equipment" means radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.

§ 11-1943 License fee; requirements; conditions and limitations; pass through to subscribers

A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a county to provide video service through a video service network, the county may require a video service provider to pay a license fee to the county based on the gross revenue that the video service provider receives from its subscribers located within the boundaries of the county. The license fee both:

1. Is subject to the limit prescribed by section 11-1942, subsection B and to offset, including amounts collected from subscribers, as prescribed by section 11-1942, subsections A and I and subsection D of this section.

2. Shall be due no more often than quarterly.

B. If the county requires a license fee pursuant to subsection A of this section, the county shall adopt a local law that imposes the license fee equally and uniformly on all of the following that are operating within the boundaries of the county:

1. Video service providers.

2. Holdover cable operators.

C. A video service provider shall pay the entire amount of the license fee directly to the county in a check, draft or note or automated clearinghouse transaction that is payable in legal tender as defined in section 43-1021.

D. A video service provider may do all of the following:

1. Pass the license fee through to and collect the license fee from its subscribers within the boundaries of the county, including for an incumbent cable operator any change in license fees that results from a change in the applicable definition of gross revenue.

2. Designate the amount of the license fee collected from each subscriber as a separate line item on the subscriber's bill.

§ 11-1944 Ownership of a video service network

Except for the purposes of acting as an intermediary in a transfer of a uniform video service license, a county may not own a video service network.

§ 11-1945 Review and audit; bundling discounts; action to recover underpayment or overpayment

A. Not more than once every three years, a county, on reasonable written notice, may audit the business books and records of a video service provider to the extent necessary to ensure payment of license fees pursuant to this chapter. The county may not audit any period that ends more than three years before the date that the notice of audit is received. Any audit of a period of time before issuance of a uniform video service license shall be conducted pursuant to the local laws in effect during the period of time.

B. Except as otherwise provided by federal law, if a video service provider offers video service bundled with other services that are not video service for a single discounted price, all of the following apply:

1. The method that the video service provider uses to determine gross revenue subject to license fees by allocating the single discounted price among the bundle of video service and nonvideo services shall be reasonable and supported by the video service provider's books and records.

2. The county shall accept as reasonable, for purposes of meeting the video service provider's burden of proof, an allocation based on an objective and verifiable method using the books and records that the video service provider kept in the regular course of business for other purposes, including nontax purposes.

3. A video service provider may not use bundled offerings as a means to evade paying license fees.

C. The county and the video service provider shall each pay its own costs and fees relating to each audit performed pursuant to subsection A of this section. If the sum determined to be underpaid exceeds five percent of the total fees that the audit determines should have been paid for the period, the video service provider shall pay the county's reasonable costs of the audit.

D. The rate of interest for both underpayments and overpayments is the federal short-term rate, determined pursuant to 26 United States Code section 6621(b), plus three percentage points.

E. A person that performs a review and audit under subsection A of this section may not receive compensation that is based, in whole or in part, on either of the following:

1. Finding a particular result.

2. The amount of any underpayment or overpayment of the license fee that is identified because of the review and audit.

F. A complaint by a county for underpayment of a license fee from a video service provider or by a video service provider for overpayment of a license fee to a county shall be made pursuant to article 5 of this chapter.

G. A complaint for a violation of the license fee obligations under this chapter may not be made unless a written demand by a county for payment of the license fees or a written demand by a video service provider for refund of license fees is made within four months after the county or video service provider realizes it has been damaged or knows or reasonably should know of the damage caused by the alleged violation.

H. A complaint must be filed pursuant to article 5 of this chapter within two years after the written demand is made pursuant to subsection G of this section but not sooner than four months after the written demand.

Article 5 Enforcement

§ 11-1951 Enforcement; office of administrative hearings; fees

A. A county may file a written complaint against a video service provider and a video service provider may file a written complaint against a county alleging a violation of this chapter or the uniform video service license agreement. Unless the matter arises under the constitution, laws, or treaties of the United States, including the communications act of 1934 (P.L. 73-416; 47 United States Code sections 151 through 615b) and all other applicable federal law, the office of administrative hearings has original jurisdiction over all matters under this chapter. Unless otherwise provided in section 11-1945, subsections F, G and H or this section:

1. To the extent allowed by federal law, all complaints must be filed with the office of administrative hearings. If a matter arises under the constitution, laws, or treaties of the United States, the complaint may be brought before the federal communications commission or a federal court of competent jurisdiction.

2. The complainant must serve a copy of the complaint on the party that is the subject of the complaint by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice to the county's last address of record for the party that is the subject of the complaint.

3. The party that is the subject of the complaint may file a response to the complaint with the office of administrative hearings within twenty days after service pursuant to paragraph 2 of this subsection. Responses shall be served pursuant to paragraph 2 of this subsection.

B. Before filing a complaint pursuant to this section both of the following apply:

1. The complainant must provide notice of the alleged violation of this chapter to the party that is the subject of the complaint.

2. The party that is the subject of the complaint must have a period of not less than twenty days after the date it receives the notice to resolve the alleged violation.

C. Subsection B of this section does not apply to a complaint made in a written demand pursuant to section 11-1945, subsection G.

D. A hearing before the office of administrative hearings shall be held if a complaint that complies with this section is filed with the office of administrative hearings. Unless other deadlines are established for a particular complaint, all of the following apply:

1. The hearing shall be held within two months after the date that the complaint is filed and service is completed pursuant to subsection A of this section.

2. The date scheduled for the hearing may be advanced or delayed on the agreement of the parties or on a showing of good cause.

E. The office of administrative hearings shall prepare and serve a notice of hearing on all parties at least one month before the hearing that states the time and place of the hearing.

F. A prehearing conference may be held pursuant to section 41-1092.05.

G. Unless it conflicts with the requirements of this section, the hearing shall be conducted pursuant to section 41-1092.07.

H. The complainant has the burden of persuasion at a hearing under this section.

I. The decision of the administrative law judge is the final administrative decision with respect to the complaint. The office of administrative hearings shall serve a copy of the administrative law judge's decision on all parties. The final administrative decision may be appealed to the superior court pursuant to title 12, chapter 7, article 6. The superior court proceeding shall be a trial de novo.

J. A party may move for rehearing pursuant to section 41-1092.09, and the office of administrative hearings shall rule on the motion. Moving for rehearing or review is not necessary for the party to seek judicial review of the decision of the administrative law judge under subsection I of this section.

K. Service is complete on personal service or five days after the date that the office of administrative hearings mails the final administrative decision to each party's last known address of record with the county.

L. The office of administrative hearings shall adopt rules pursuant to title 41, chapter 6 to administer hearings under this chapter and title 9, chapter 13. The rules shall apply uniformly to hearings involving local governments as defined in section 9-1401 and counties.

M. The office of administrative hearings shall establish, administer and collect fees in an amount to be determined by the director of the office of administrative hearings. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies in the video service provider complaint fund established by section 9-1451, subsection N.

§ 11-1952 Statute of limitations; costs and attorney fees; federal subscriber service requirements

A. Except as provided in section 11-1945, subsections F, G and H, a complaint under this article must be filed within two years after the complainant realizes it has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the alleged violation.

B. Each party to a dispute under this chapter shall bear its own attorney fees and costs.

C. This article does not apply to claims that a video service provider has failed to meet subscriber service standards prescribed by section 11-1933, subsection B, paragraph 5 or has violated title 44, chapter 10, article 7. Claims of violations of federal subscriber service standards shall be made pursuant to the procedure established under federal law.

Chapter 15 Broadband Service District Authorities

Article 1 General Provisions

§ 11-2001 Definitions

In this chapter, unless the context otherwise requires:

1. "Authority" means a broadband service district authority that is responsible for facilitating broadband deployment and connectivity for agricultural purposes.

2. "Board" means the governing body of an authority.

3. "Broadband service" means high-speed internet access that enables a user to transmit and receive data, video and other digital communication.

4. "District" means a designated geographic area established for broadband service improvements.

5. "Infrastructure":

(a) Means components necessary for broadband deployment.

(b) Includes transmission equipment, network facilities, data transport systems and related utilities.

§ 11-2002 Formation of broadband service district authority; purpose; funding

A. A group of individuals, businesses or organizations in a county with a population of more than two hundred thousand persons and less than two hundred ten thousand persons may petition the county board of supervisors to form a broadband service district authority for any of the following purposes:

1. Facilitating the expansion and maintenance of broadband infrastructure.

2. Securing and managing funding for broadband projects.

3. Establishing guidelines and goals for broadband performance and accessibility.

4. Supporting policies and initiatives that promote broadband deployment.

B. The authority may receive funding from the following:

1. Government agencies or private organizations.

2. Services fees that are charged to the users of the broadband services who have elected to receive and use the broadband services and that are used to maintain and operate the broadband services.

C. The authority may not deploy last mile residential broadband.

D. The authority may not levy any new taxes. The authority may collect and remit applicable taxes.

E. An authority organized under this chapter is a public, political and municipal corporation to the extent of the powers and privileges conferred by this chapter or granted generally to municipal corporations by the constitution and laws of this state, including immunity of its property and revenue taxation.

§ 11-2003 Formation of the authority; application; notice; hearing

A. Petitioners seeking to form an authority shall submit an application to the board of supervisors in the county where the proposed district is located. The application shall include all of the following:

1. A description of the proposed district boundaries.

2. The names of the petitioners.

3. The methodology for the selection of the members of the authority board.

4. The proposed name of the authority.

B. The county board of supervisors shall hold a public hearing on the application within six weeks after the submission of the application. Notice of the public hearing shall be published in a publication of general circulation in the county where the proposed district boundaries are located at least two weeks before the public hearing.

C. Individuals who own property in the proposed district boundaries or other interested parties may join the petition after the filing of the petition and at any time during the board of supervisors' consideration of the petition.

D. Following the public hearing required pursuant to this section, the board of supervisors may either:

1. Approve or deny the formation of the authority and the district.

2. Approve a modification of the proposed district boundaries.

3. Approve the methodology for selection of the authority board members.

§ 11-2004 Board members; bylaws; qualifications; powers and duties; annual report

A. The board shall consist of not fewer than five and not more than seven members. The board members shall represent interested stakeholders from the district. The board shall do all of the following:

1. Adopt bylaws for the operation of the authority.

2. Hold regular meetings and maintain records of all board decisions.

3. Establish terms of office and procedures for selecting board members.

B. The board shall have the authority to do all of the following:

1. Enter into contracts to facilitate broadband infrastructure development and maintenance.

2. Manage and allocate monies for authority projects.

3. Acquire, hold and dispose of property necessary for authority activities.

4. Represent the authority in legal matters.

5. Monitor and report on the performance and impact of broadband deployment efforts.

C. The board shall prepare an annual report detailing the financial activities and progress of the authority. The report shall be distributed to members of the district and the county board of supervisors at least sixty days before the beginning of each fiscal year.