HB 2865 — natural resource conservation districts; board

THE BOARDBOARD, MAY CONTRACT OR EMPLOY, PURSUANT TO CHAPTER 4, ARTICLE 4 OF THIS TITLE, LEGALMAY COUNSEL,CONTRACT INDEPENDENTFOR FROMOR THEEMPLOY ATTORNEY GENERAL, AND OTHER PROFESSIONAL AND ADMINISTRATIVE SERVICES.

LEGALCONTRACTS COUNSELFOR RETAINEDPROFESSIONAL BYSERVICES THEARE BOARDEXEMPT MAYFROM ADVISECHAPTER AND23 REPRESENT THE BOARD IN LEGAL MATTERS BEFORE OTHER DEPARTMENTS AND AGENCIES OF THIS STATETITLE. AND MAY REPRESENT THE BOARD IN LITIGATION CONCERNING THE AFFAIRS OF THE BOARD.

CONTRACTS FOR LEGAL AND PROFESSIONAL SERVICES ARE EXEMPT FROM SECTION 41-192 AND CHAPTER 23 OF THIS TITLE.

On receipt of the application, the commissioner BOARD shall determine whether or not such funds MONIES for the district or education center- will6 be- includedH.B. in the BOARD'S budget request for the state land department and shall promptly notify the district of that determination.

-2865 6center -will H.B.be included in the BOARD'S budget request for the state land department and shall promptly notify the district of that determination.

2865 Sec.

E.

UP TO TEN PERCENT OF THE MONIES IN THE FUND MAY BE USED BY THE BOARD FOR THE ADMINISTRATION OF THE FUND.

2865 F.E.

UP TO TEN PERCENT OF THE MONIES IN THE FUND MAY BE USED BY THE BOARD FOR THE ADMINISTRATION OF THE FUND.

F.

3.- 8 - H.B.

2865 3.

-B. 8 - H.B.

2865 B.

After expiration of Eighteen months from AFTER the date of entry of a determination by the commissioner BOARD that operation of a proposed district is not administratively and economically feasible, and denial of - 9 - H.B.

2865 district is not administratively and economically feasible, and denial of a petition pursuant to that determination, petitions may again be filed and action taken in accordance with the provisions of this chapter.

No informality in the conduct of any referendum or election held under the provisions of this chapter, or in any matter relating thereto, shall invalidate the result thereof if notice has been given substantially - 10 - H.B.

2865 shall invalidate the result thereof if notice has been given substantially as prescribed in section 37-1032 41-6032, and the referendum and election have been fairly conducted.

(c) That for a district to function in the proposed territory was determined by the commissioner BOARD to be in the public interest.

2865 (d)(c) That noticefor wasa givendistrict andto afunction referendumin on the questionproposed ofterritory thewas creationdetermined ofby the districtcommissioner andBOARD anto electionbe ofin supervisorsthe werepublic held.interest.

(d) That notice was given and a referendum on the question of the creation of the district and an election of supervisors were held.

The commissioner BOARD shall appoint two supervisors from a panel of candidates compiled by the elected supervisors and presented by the- temporary12 chairman- ofH.B. the elected supervisors.

Candidates2865 for the officetemporary ofchairman appointed supervisors shall be qualified electors of the -elected 12supervisors. - H.B.

2865Candidates for the office of appointed supervisors shall be qualified electors of the state.

The question shall be submitted by ballots upon ON which the propositions, "For terminating the existence of the (name of district)" and "against terminating the existence of the (name of district), " shall be printed, with a square after each proposition and an instruction- to13 mark- anH.B. X in the square following the proposition for which the voter desires to vote.

Only2865 ownersinstruction ofto landsmark lyingan withinX in the -square 13following -the H.B.proposition for which the voter desires to vote.

2865Only owners of lands lying within the boundaries of the district shall be eligible to vote on the referendum.

Dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted thereunder, and the- commissioner14 BOARD- shallH.B. succeed to all the rights and obligations of the district or supervisors as to such liens and actions.

-2865 14the -commissioner H.B.BOARD shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.

2865 Sec.

If the commissioner STATE NATURAL RESOURCE CONSERVATION BOARD determines that the proposed change is administratively practicable and feasible, he THE STATE NATURAL RESOURCE CONSERVATION BOARD shall record such determination and proceed with the reorganization of the district or districts affected in the same manner as - 15 - H.B.

2865 CONSERVATION BOARD shall record such determination and proceed with the reorganization of the district or districts affected in the same manner as provided in this section for changes in district boundaries by other methods.

Qualified electors of a district who wish to vote by mail ballot shall file a first class mailing address with- the16 district- governingH.B. body at least thirty days prior to BEFORE the date of the election.

Qualified2865 with the district electorsgoverning whobody receiveat ballotsleast inthirty -days 16prior -to H.B.BEFORE the date of the election.

2865Qualified district electors who receive ballots in proper form from the district governing body may cast their votes by mail.

The state natural resource conservation board, on appointmentappointment, by the governor, and the state land commissioner shall meet before the effective date of this act to initiate the transitioning of duties from the state land commissioner to the state natural resource conservation board.

The state natural resource conservation board shall initiate the recruitment of staff, determine where the staff will be housed, decide on an annual budget and conduct any other business required to effectuate the - 24 - H.B.

2865 other business required to effectuate the transition of duties from the state land commissioner to the state natural resource conservation board.

Sec.APPROVED BY THE GOVERNOR JUNE 21, 2024.

32.FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 21, 2024.

Appropriations;

state natural resource conservation board;

natural resource conservation district fund;

exemption A.

The sum of $150,000 and 2 FTE positions are appropriated from the state general fund in fiscal year 2024-2025 to the state natural resource conservation board established by section 41-6011, Arizona Revised Statutes, as transferred, renumbered and amended by this act.

B.

The sum of $1,000,000 is appropriated from the state general fund in fiscal year 2025-2026 to the natural resource conservation district fund established by section 41-6014, Arizona Revised Statutes, as added by this act.

C.

The appropriations made in subsections A and B of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.