SB 1189 — campaign spending; personal security

With the consent of the applicable governmental entity, use public easements and rights-of-way in or across public property, roadways, highways, streets or other thoroughfares and other public easements and rights-of-way, whether in or out of the geographical limits of the district or the municipality.

B.

In connection with any power authorized by statute, the district may:

1.

Contract.

2.

Enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3.

3.

Adopt and change a seal.

4.

Sue and be sued.

5.

Enter into development agreements, as defined in section 9-500.05.

C.

The district shall not be used to finance or facilitate the acquisition, operation, maintenance, construction or operation of a sports stadium or other sports facility that is designed specifically for or used specifically by a professional sports team, including a clubhouse, a practice facility or any other related facility or on-site infrastructure or related parking facilities for those purposes.

This subsection does not apply to the financing, acquisition, operation, maintenance or construction of a multipurpose event center.

D.

Public infrastructure other than personalty may be located only in or on lands owned by the state, a county, a municipality or the district or dedicated or otherwise designated as public roadways, highways, streets, thoroughfares, easements or rights-of-way, whether in or out of the district or the municipality.

Personalty may be used only for purposes authorized by the district board.

E.

An agreement pursuant to subsection A, paragraph 10 of this section may include agreements to repay all or part of such advances, fees and charges from the proceeds of bonds if issued or from advances, fees and charges collected from other landowners or users or those having a right to use any infrastructure.

A person does not have authority to compel the issuance or sale of the bonds of the district or the exercise of any taxing power of the district to make repayment under any agreement.

F.

ANY CONSTRUCTION CONTRACT THE DISTRICT ENTERS INTO MUST INCLUDE PROVISIONS FOR ALL OF THE FOLLOWING:

1.

ALLOWING A CONTRACTOR TO SUSPEND PERFORMANCE OR TERMINATE A CONSTRUCTION CONTRACT WITH A DISTRICT FOR FAILURE BY THE DISTRICT TO MAKE TIMELY PAYMENT OF AMOUNTS CERTIFIED AND APPROVED FOR PAYMENT.

THE CONTRACTOR SHALL PROVIDE WRITTEN NOTICE TO THE DISTRICT AT LEAST SEVEN - 2 - S.B.

1189 CALENDAR DAYS BEFORE THE INTENDED SUSPENSION OR TERMINATION UNLESS A SHORTER NOTICE PERIOD IS PRESCRIBED IN THE CONSTRUCTION CONTRACT.

A CONTRACTOR SHALL NOT BE DEEMED IN BREACH OF THE CONSTRUCTION CONTRACT FOR SUSPENDING PERFORMANCE OR TERMINATING UNDER THIS PARAGRAPH.

A CONSTRUCTION CONTRACT SHALL NOT EXTEND THE TIME PERIOD FOR A CONTRACTOR TO SUSPEND PERFORMANCE OR TERMINATE UNDER THIS PARAGRAPH.

2.

ALLOWING A SUBCONTRACTOR TO SUSPEND PERFORMANCE OR TERMINATE A CONTRACT WITH A GENERAL CONTRACTOR OR SUBCONTRACTOR FOR A DISTRICT IF BOTH OF THE FOLLOWING OCCUR:

(a) THE DISTRICT FAILS TO MAKE TIMELY PAYMENT OF AMOUNTS CERTIFIED AND APPROVED FOR THE SUBCONTRACTOR'S WORK.

(b) THE CONTRACTOR FAILS TO PAY THE SUBCONTRACTOR FOR THAT CERTIFIED AND APPROVED WORK.

THE SUBCONTRACTOR SHALL PROVIDE WRITTEN NOTICE TO THE CONTRACTOR AND DISTRICT AT LEAST THREE CALENDAR DAYS BEFORE THE INTENDED SUSPENSION OR TERMINATION UNLESS A SHORTER NOTICE PERIOD IS PRESCRIBED IN THE CONTRACT.

A SUBCONTRACTOR SHALL NOT BE DEEMED IN BREACH FOR SUSPENDING PERFORMANCE OR TERMINATING UNDER THIS PARAGRAPH.

3.

ALLOWING A SUBCONTRACTOR TO SUSPEND PERFORMANCE OR TERMINATE IF THE DISTRICT MAKES TIMELY PAYMENT OF CERTIFIED AND APPROVED AMOUNTS FOR THE SUBCONTRACTOR'S WORK BUT THE CONTRACTOR FAILS TO PAY THE SUBCONTRACTOR.

THE SUBCONTRACTOR SHALL PROVIDE WRITTEN NOTICE TO THE CONTRACTOR AND DISTRICT AT LEAST SEVEN CALENDAR DAYS BEFORE THE INTENDED SUSPENSION OR TERMINATION UNLESS A SHORTER NOTICE PERIOD IS PRESCRIBED IN THE CONTRACT.

A SUBCONTRACTOR SHALL NOT BE DEEMED IN BREACH FOR SUSPENDING PERFORMANCE OR TERMINATING UNDER THIS PARAGRAPH.

4.

ALLOWING A SUBCONTRACTOR TO SUSPEND PERFORMANCE OR TERMINATE IF THE DISTRICT DECLINES TO APPROVE AND CERTIFY PORTIONS OF THE CONTRACTOR'S BILLING FOR THE SUBCONTRACTOR'S WORK FOR REASONS THAT ARE NOT THE FAULT OF OR DIRECTLY RELATED TO THAT SUBCONTRACTOR'S WORK.

THE SUBCONTRACTOR SHALL PROVIDE WRITTEN NOTICE TO THE CONTRACTOR AND DISTRICT AT LEAST SEVEN CALENDAR DAYS BEFORE THE INTENDED SUSPENSION OR TERMINATION UNLESS A SHORTER NOTICE PERIOD IS PRESCRIBED IN THE CONTRACT.

A SUBCONTRACTOR SHALL NOT BE DEEMED IN BREACH FOR SUSPENDING PERFORMANCE OR TERMINATING UNDER THIS PARAGRAPH.

5.

ALLOWING A CONTRACTOR OR SUBCONTRACTOR THAT SUSPENDS PERFORMANCE AS PRESCRIBED IN THIS SUBSECTION TO CEASE FURNISHING FURTHER LABOR, MATERIALS OR SERVICES UNTIL BEING PAID THE AMOUNT THAT WAS CERTIFIED AND APPROVED, TOGETHER WITH ANY REASONABLE COSTS INCURRED FOR MOBILIZATION RESULTING FROM ANY SHUTDOWN OR RESTART OF THE PROJECT.

6.

REQUIRING THE AWARD OF REASONABLE ATTORNEY FEES AND COSTS TO THE SUCCESSFUL PARTY IN ANY ACTION OR ARBITRATION TO ENFORCE RIGHTS UNDER THIS SUBSECTION.

7.

REQUIRING THAT ANY WRITTEN NOTICE PRESCRIBED BY THIS SUBSECTION IS DEEMED PROVIDED IF EITHER OF THE FOLLOWING OCCURS:

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1189 (a) THE WRITTEN NOTICE IS DELIVERED IN PERSON TO THE INDIVIDUAL, MEMBER OR OFFICER OF THE ENTITY FOR WHICH IT WAS INTENDED.

(b) THE WRITTEN NOTICE IS SENT BY ANY METHOD THAT PROVIDES WRITTEN, THIRD-PARTY VERIFICATION OF DELIVERY TO THE LAST KNOWN BUSINESS ADDRESS OF THE PARTY GIVING NOTICE.

Sec.

2.

Applicability Section 48-6808, Arizona Revised Statutes, as amended by this act, applies to any revitalization district infrastructure construction contract executed after the effective date of this act.

APPROVED BY THE GOVERNOR JUNE 22, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 22, 2026.

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