Arizona 56th Legislature - Second Regular Session Status: Passed House 1 R cosponsors

HB 2330 — fire districts; formation; county supervisors

Last action — Senate Second Reading

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

304 added · 13 removed

Plain-language change summary

House Bill 2330 has added several key requirements for the formation of fire districts, which include providing an estimate of property tax changes for residents, outlining the benefits and potential drawbacks of the proposed district, and detailing the makeup of the organizing board of directors. These changes aim to give residents more information and transparency about how new fire districts might impact their finances and community services. This matters because it helps ensure that local residents can make informed decisions and participate in discussions about these important community safety services.

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Fifty-sixth Legislature Military Affairs & Public Safety Second Regular Session H.B.
House Engrossed fire districts;
2330 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
formation;
2330 (Reference to printed bill) Page 6, line 32, after “ELECTION” insert “BY SIXTY FIVE PERCENT OF THE VOTES CAST THEREON” Amend title to conform KEVIN PAYNE 2330PAYNE.docx 02/02/2024 10:02 AM H:
county supervisors State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2330 AN ACT AMENDING SECTION 48-261, ARIZONA REVISED STATUTES;
NM/ls
AMENDING TITLE 48, CHAPTER 5, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 48-825;
RELATING TO FIRE DISTRICTS.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
2330 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Section 48-261, Arizona Revised Statutes, is amended to read:
48-261.
District creation;
procedures;
notice;
hearing;
determinations;
petitions A.
EXCEPT FOR A FIRE DISTRICT FORMED PURSUANT TO SECTION 48-825, a fire district, community park maintenance district, sanitary district or hospital district for either a hospital or an urgent care center shall be created by the following procedures:
1.
Any adult person desiring to propose creation of a district shall provide a legal description of the area proposed for inclusion in the district to the county assessor of the county in which the district is to be located.
The county assessor shall provide to the person proposing formation of the district a detailed list of all taxable properties in the area proposed for inclusion in the district.
The person proposing formation of the district shall prepare and submit a district impact statement to the board of supervisors of the county in which the district is to be located.
The county assessor's parcel map and the assessed valuation of the properties as prescribed by section 42-17052 and as shown in the county assessor's records at the time the district impact statement is submitted are deemed sufficient for any required maps and for determining the assessed valuations prescribed by this section.
Except for a proposed community park maintenance district that is to be located in more than one county, if a proposed district is located in more than one county, the impact statement shall be submitted to the board of supervisors of the county in which the majority of the assessed valuation of the proposed district is located.
The boards of supervisors of any other counties in which a portion of the district is to be located shall provide information and assistance to the responsible board of supervisors.
For a community park maintenance district that is to be located in more than one county, the impact statement shall be submitted to the board of supervisors for each of the affected counties.
If the person desiring to create a district pursuant to this section is unable to complete the district impact statement, the board of supervisors may assist in the completion of the impact statement if requested to do so, provided the bond required in subsection C of this section is in an amount sufficient to cover any additional cost to the county.
The district impact statement shall contain at least the following information:
(a) A legal description of the boundaries of the proposed district and a map and a general description of the area to be included in the district sufficiently detailed to permit ALLOW a property owner to determine whether a particular property is within the proposed district.
(b) The detailed list of taxable properties provided by the assessor pursuant to this paragraph.
- 1 - H.B.
2330 (c) An estimate of the assessed valuation within the proposed district.
(d) An estimate of the change in the property tax liability, as a result of the proposed district, of a typical resident of the proposed district.
(e) A list and explanation of benefits that will result from the proposed district.
(f) A list and explanation of the injuries that may result from the proposed district.
(g) The names, addresses and occupations of the proposed members of the district's organizing board of directors.
(h) A general description of the scope of services to be provided by the district during its first five years of operation.
At a minimum this description shall include an estimate of anticipated capital expenditures, personnel growth and enhancements to service.
2.
On receipt of the district impact statement, the board of supervisors shall set a day, at least thirty but not more than sixty days after that date, for a hearing on the impact statement.
The board of supervisors, at any time before making a determination pursuant to paragraph 4 of this subsection, may require that the impact statement be amended to include any information that the board of supervisors deems to be relevant and necessary.
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3.
On receipt of the district impact statement, the clerk of the board of supervisors shall mail, by first class mail, notice of the day, hour and place of the hearing on the proposed district to each owner of taxable property within the boundaries of the proposed district.
The written notice shall state the purpose of the hearing and shall state where a copy of the impact statement may be viewed or requested.
The clerk of the board of supervisors shall post the notice in at least three conspicuous public places in the area of the proposed district and shall publish twice in a daily newspaper of general circulation in the area of the proposed district, at least ten days before the hearing, or, if no daily newspaper of general circulation exists in the area of the proposed district, at least twice at any time before the date of the hearing, a notice setting forth the purpose of the impact statement, the description of the area of the proposed district and the day, hour and place of the hearing.
4.
At the hearing called pursuant to paragraph 2 of this subsection, the board of supervisors shall hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity or welfare.
If the board of supervisors determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall approve the district impact statement and authorize the circulation of petitions as provided in this subsection.
For a community park - 2 - H.B.
2330 maintenance district that is required to obtain the approval of more than one county's board of supervisors, the petitions may only be circulated after approval of the board of supervisors from each affected county.
The order of the board of supervisors shall be final, but if the request to circulate petitions is denied, a subsequent request for a similar district may be refiled with the board of supervisors after six months from AFTER the date of the denial.
The county board of supervisors shall authorize the circulation of petitions of only one proposed new district of the same type in which any property owner's land is proposed for inclusion.
A new petition circulation shall not be authorized until the one-year period to submit signatures prescribed by paragraph 6 of this subsection of the original petition circulation has expired or has otherwise been extinguished.
5.
Within fifteen days after receiving the approval of the board of supervisors as prescribed by paragraph 4 of this subsection, the clerk of the board shall determine the minimum number of signatures and assessed valuation required for compliance with paragraph 7 of this subsection.
After making that determination, the number of signatures shall remain fixed and the assessed valuation of the taxable properties within the boundaries of the proposed district shall remain fixed as prescribed in this subsection for the purposes of determining compliance with the property valuation requirement prescribed in paragraph 7 of this subsection.
6.
After receiving the approval of the board of supervisors as provided in paragraph 4 of this subsection, any adult person may circulate and present petitions to the board of supervisors of the county in which the district is located.
All petitions circulated shall be returned to the board of supervisors within one year from AFTER the date of the approval of the board of supervisors pursuant to paragraph 4 of this subsection.
Any petition that is returned more than one year from that date is void.
7.
The petitions presented pursuant to paragraph 6 of this subsection shall comply with the provisions regarding verification in section 48-266 and shall:
(a) At all times, contain a map and general description of the boundaries of the proposed district sufficiently detailed to permit ALLOW a property owner to determine whether a particular property is within the proposed district and the names, addresses and occupations of the proposed members of the district's organizing board of directors.
An alteration of the proposed district shall not be made after receiving the approval of the board of supervisors as provided in paragraph 4 of this subsection.
The items required to be contained with the petition under this subdivision shall be printed on the back of the petition form required pursuant to section 48-266 unless the size of the items precludes compliance with this requirement.
An error in the legal description of - 3 - H.B.
2330 the proposed district shall not invalidate the petitions if considered as a whole the information provided is sufficient to identify the property as illustrated in the map required pursuant to this subdivision.
(b) Be signed by owners of more than one-half of the taxable property units in the area of the proposed district and be signed by persons owning collectively more than one-half of the assessed valuation of the property in the area of the proposed district.
Property exempt pursuant to title 42, chapter 11, article 3 shall not be considered in determining the total assessed valuation of the proposed district nor shall owners of property not subject to taxation be eligible to sign petitions.
8.
On receipt of the petitions, including any supplemental signatures, and the report of the county assessor, the board of supervisors shall set a day for a hearing on the petition.
9.
Before the hearing called pursuant to paragraph 8 of this subsection, the board of supervisors shall determine the validity of the petitions presented.
10.
At the hearing called pursuant to paragraph 8 of this subsection, the board of supervisors, if the petitions are valid, shall order the creation of the district.
The board of supervisors shall enter its order setting forth its determination in the minutes of the meeting, not later than ten days after the day of the hearing, and a copy of the order shall be filed in the county recorder's office.
The order of the board of supervisors shall be final, and the proposed district shall be created thirty days after the board of supervisors votes to create the district, except that for a community park maintenance district that is proposed for more than one county, the proposed district is created thirty days after the approval of the board of supervisors of the final county of the counties in which the district is to be located.
A decision of the board of supervisors under this subsection is subject to judicial review under title 12, chapter 7, article 6.
B.
For the purpose of determining the validity of the petitions presented pursuant to subsection A, paragraph 6 of this section:
1.
Property held in multiple ownership shall be treated as if it had only one property owner, and the signature of only one of the owners of property held in multiple ownership is required on the formation petition.
The number of persons owning property inside the boundaries of the proposed district shall be determined as follows:
(a) In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the most recent assessment of property.
(b) In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the most recent valuation of property.
- 4 - H.B.
2330 (c) If an undivided parcel of property is owned by multiple owners, those owners are deemed to be one owner for the purposes of this section.
(d) If a person owns multiple parcels of property, that owner is deemed to be a single owner for the purposes of this section.
2.
The value of property shall be determined as follows:
(a) In the case of property assessed by the county assessor, values shall be the same as those shown on the day the district impact statement is submitted.
(b) In the case of property valued by the department of revenue, the values shall be those determined by the department in the manner provided by law, for municipal assessment purposes.
The county assessor and the department of revenue, respectively, shall furnish to the board of supervisors, within twenty days after a request, a statement in writing showing the owner, the address of each owner and the appraisal or assessment value of properties contained within the boundaries of the proposed district as described in subsection A of this section.
3.
Petition signatures representing real property on which taxes and assessments are not current at the time of petition review are invalid.
C.
The board of supervisors may require of the person desiring to propose creation of a district pursuant to subsection A, paragraph 1 of this section a reasonable bond to be filed with the board at the start of proceedings under this section.
The bond shall be in an amount sufficient to cover costs incurred by the county if the district is not finally organized.
County costs covered by the bond include any expense incurred from completion of the district impact statement, mailing of the notice of hearing to district property owners, publication of the notice of hearing and other expenses reasonably incurred as a result of any requirements of this section.
D.
If a district is created pursuant to this section, the cost of publication of the notice of hearing, the cost of the mailing of notices to property owners, the cost of the bond and all other costs incurred by the county as a result of this section shall be a charge against the district.
E.
If a proposed district would include property located within an incorporated city or town, in addition to the other requirements of subsection A of this section, the board shall approve the creation and authorize the circulation of petitions only if the governing body of the city or town has by ordinance or resolution endorsed the creation.
F.
Except as provided in section 48-851 and section 48-2001, subsection A, the area of a district created pursuant to this section shall be contiguous.
G.
A district organized pursuant to this section shall have an organizing board of directors to administer the affairs of the district until a duly constituted board of directors is elected as provided in this - 5 - H.B.
2330 title.
The organizing board shall have all the powers, duties and responsibilities of an elected board.
The organizing board shall consist of the three or five individuals named in the district impact statement and the petitions presented pursuant to subsection A of this section.
If a vacancy occurs on the organizing board, the remaining board members shall fill the vacancy by appointing an interim member.
Members of the organizing board shall serve without compensation but may be reimbursed for actual expenses incurred in performing their duties.
The organizing board shall elect from its members a chairman and a clerk.
H.
For the purposes of this section assessed valuation does not include property exempt pursuant to title 42, chapter 11, article 3.
Sec.
2.
Title 48, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 48-825, to read:
48-825.
Alternate formation process for fire district;
board of supervisors;
election;
board of directors A.
UNTIL DECEMBER 31, 2026, IN A COUNTY WITH A POPULATION OF LESS THAN FIVE HUNDRED THOUSAND PERSONS, A FIRE DISTRICT MAY BE FORMED AS FOLLOWS:
1.
ON WRITTEN REQUEST TO THE BOARD OF SUPERVISORS FOR FORMATION OF A FIRE DISTRICT WITH FIVE THOUSAND OR FEWER PERSONS AND SUBMISSION OF A MAP DELINEATING THE PROPOSED BOUNDARIES OF THE DISTRICT, THE BOARD OF SUPERVISORS MAY HOLD A HEARING ON THE MATTER AT A MEETING OF THE BOARD OF SUPERVISORS.
2.
THE BOARD OF SUPERVISORS MAY CONSIDER THE MATTER, INCLUDING BY TAKING TESTIMONY FROM THE PUBLIC, AND MAY REVISE THE PROPOSED BOUNDARIES FOR THE DISTRICT.
THE BOARD OF SUPERVISORS SHALL REVISE THE PROPOSED BOUNDARIES FOR THE DISTRICT AS NECESSARY TO ENSURE THAT NO ONE PROPERTY IN THE PROPOSED BOUNDARIES OF THE DISTRICT WILL BE REQUIRED TO CONTRIBUTE MORE THAN 2.5 PERCENT OF THE TOTAL FUNDING OF THE PROPOSED DISTRICT.
3.
ON A DETERMINATION BY THE BOARD OF SUPERVISORS TO PROCEED WITH POSSIBLE FORMATION OF THE FIRE DISTRICT, THE BOARD OF SUPERVISORS SHALL SUBMIT THE MATTER TO A VOTE OF THE QUALIFIED ELECTORS IN THE PROPOSED BOUNDARIES OF THE DISTRICT.
THE ELECTION SHALL BE HELD ON ONE OF THE FOUR DATES PRESCRIBED BY SECTION 16-204.
4.
THE ELECTION SHALL COMPLY WITH THE GENERAL ELECTION LAWS OF THIS STATE.
AT THE ELECTION ON THE FORMATION OF THE FIRE DISTRICT, THE WORDS TO APPEAR ON THE BALLOTS SHALL BE "FIRE DISTRICT, YES" AND "FIRE DISTRICT, NO".
THE RETURNS OF THE ELECTION SHALL BE MADE TO THE BOARD OF SUPERVISORS.
B.
IF APPROVED AT THE FORMATION ELECTION BY SIXTY-FIVE PERCENT OF THE VOTES CAST THEREON, THE BOARD OF SUPERVISORS SHALL DECLARE THE FIRE DISTRICT FORMED AND SHALL NAME THREE PERSONS WHO ARE RESIDENTS OF THE FIRE DISTRICT TO SERVE ON THE FIRE DISTRICT ORGANIZING BOARD OF DIRECTORS UNTIL FIRE DISTRICT BOARD MEMBERS ARE ELECTED AS OTHERWISE PROVIDED BY LAW AT - 6 - H.B.
2330 THE NEXT GENERAL ELECTION IMMEDIATELY FOLLOWING FORMATION OF THE FIRE DISTRICT.
C.
AFTER DECLARING THE FIRE DISTRICT FORMED, THE BOARD OF SUPERVISORS SHALL TRANSMIT TO THE COUNTY ASSESSOR A CERTIFIED COPY OF THE DESCRIPTION OF THE BOUNDARIES OF THE FIRE DISTRICT.
D.
A FIRE DISTRICT FORMED PURSUANT TO THIS SECTION HAS ALL OF THE POWERS AND DUTIES OF A FIRE DISTRICT PRESCRIBED BY THIS ARTICLE.
E.
FROM AND AFTER DECEMBER 31, 2026, A FIRE DISTRICT MAY NOT BE FORMED PURSUANT TO THIS SECTION.
- 7 -
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Action History

  1. Senate Second Reading

  2. Senate First Reading

  3. Transmit to Senate

  4. PASSED

  5. DPA

  6. DPA

  7. House Second Reading

  8. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Passed

Passed 54 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 19001
Republican 21101
Unaffiliated 14102
Total 54204
% of votes cast 90%3%0%7%
How each member voted (60)
Member Party Vote
Jevin D Hodge — Yea
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Charles W Lucking — Yea
Cory McGarr — Nay
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Pawlik — Yea
Judy Schwiebert — Yea
Justin Heap — Not Voting
Keith Seaman — Yea
Laura Terech — Yea
Leezah Elsa Sun — Not Voting
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Travis W. Grantham — Yea
Alma Hernandez Democrat Yea
Analise Ortiz Democrat Yea
Betty J Villegas Democrat Yea
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Yea
Consuelo Hernandez Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Not Voting
Mariana Sandoval Democrat Yea
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Yea
Oscar De Los Santos Democrat Yea
Patty Contreras Democrat Yea
Quantá Crews Democrat Yea
Sarah Liguori Democrat Yea
Seth Blattman Democrat Yea
Stacey Travers Democrat Yea
Stephanie Stahl Hamilton Democrat Yea
Alexander Kolodin Republican Nay
Beverly Pingerelli Republican Not Voting
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

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Subjects

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Frequently asked questions

Who sponsors HB 2330?
HB 2330 is sponsored by David Marshall, Sr. (Republican).
What is the current status of HB 2330?
This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2330?
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