Reference Title: stadium districts; eminent domain

AN ACT
AMENDING SECTIONS 48-4203 AND 48-4204, ARIZONA REVISED STATUTES; AMENDING TITLE 48, CHAPTER 26, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 48-4206; RELATING TO STADIUM DISTRICTS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 48-4203, Arizona Revised Statutes, is amended to read:

48-4203 . Powers and duties of board of directors; conflict of interest; classification

A. The board of directors, on behalf of the district, may:

1. Adopt and use a corporate seal.

2. Sue and be sued.

3. Enter into contracts, including intergovernmental agreements under title 11, chapter 7, article 3, as necessary to carry out the purposes and requirements of this chapter. The district may contract with a county sports authority established under title 11, chapter 5 to carry out any power of the district.

4. Adopt administrative rules as necessary to administer and operate the district and any property under its jurisdiction.

5. Employ an executive director and administrative and clerical employees, or contract for other management personnel, and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the district.

6. Acquire by any lawful means, including eminent domain CONSISTENT WITH SECTION 48-4206 , and operate, maintain, encumber and dispose of real and personal property and interests in property.

7. Administer trusts declared or established for the district, 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 district.

8. Retain legal counsel and other consultants as necessary to carry out the purposes of the district.

B. The board of directors shall:

1. Appoint from among its members a chairman, a secretary and such other officers as may be necessary to conduct its business. The county treasurer is designated ex officio as the treasurer of a countywide district established under section 48-4202, subsection A. The board of directors of a district that is established pursuant to section 48-4202, subsection B shall designate ex officio an officer of one of the municipalities as treasurer of the district.

2. Keep and maintain a complete and accurate record of all 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. Provide for the use, maintenance and operation of the properties and interests controlled by the district.

C. The board of directors of a district that is established pursuant to section 48-4202, subsection B shall determine by agreement the distribution of revenues from operating and using the multipurpose facilities among the municipalities and any participating Indian tribe or community.

D. The directors, officers and employees of the district are subject to title 38, chapter 3, article 8 relating to conflicts of interest.

Sec. 2. Section 48-4204, Arizona Revised Statutes, is amended to read:

48-4204 . Constructing and operating a stadium and other structures; regulating alcoholic beverages

A. From the taxes and surcharges levied pursuant to article 2 of this chapter for use with respect to major league baseball spring training, the district may acquire land and construct, finance, furnish, maintain, improve, operate, market and promote the use of existing or proposed major league baseball spring training facilities or stadiums and other structures, utilities, roads, parking areas or buildings necessary for full use of the training facilities or stadiums for sports and other purposes and do all things necessary or convenient to accomplish those purposes. The board shall require that any project undertaken by the district include financial participation from the county or municipality in which the project is located, from a private party or from any combination of these entities which equals or exceeds one-half of the amount to be expended or distributed by the district. Capital improvement funds expended at any time after June 1, 1991 by a county, municipality or private party for a purpose authorized by this section may be deemed financial participation with respect to any project the district may undertake.

B. From the taxes and charges levied pursuant to section 48-4237 for use with respect to multipurpose facilities, the district may acquire land , INCLUDING BY EMINENT DOMAIN CONSISTENT WITH THE REQUIREMENTS OF SECTION 48-4206, and construct, finance, furnish, maintain, improve, operate, market and promote the use of multipurpose facilities and other structures, utilities, roads, parking areas or buildings necessary for full use of the multipurpose facilities and do all things necessary or convenient to accomplish those purposes.

C. Title 34 applies to the district, but the district may establish alternative systems and procedures to expedite the design and construction of any of its structures.

D. Subject to the requirements 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 article.

Sec. 3. Title 48, chapter 26, article 1, Arizona Revised Statutes, is amended by adding section 48-4206, to read:

48-4206 . Requirement for exercising power of eminent domain; relocation assistance

A. BEFORE A DISTRICT ESTABLISHED UNDER SECTION 48-4202, SUBSECTION B USES THE POWER OF EMINENT DOMAIN TO ACQUIRE REAL OR PERSONAL PROPERTY, OR INTERESTS IN THE PROPERTY, OF AN EXISTING RETAIL COMMERCIAL BUSINESS IN THE DISTRICT, THE DISTRICT SHALL ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT THE ACQUISITION IS COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND THE LEAST PRIVATE INJURY. THE QUESTION OF COMPATIBILITY IS A JUDICIAL QUESTION TO BE DETERMINED WITHOUT REGARD TO ANY LEGISLATIVE ASSERTION OF COMPATIBILITY.

B. THE DISTRICT IS CONSIDERED TO BE A DISPLACING AGENCY FOR PURPOSES OF PROVIDING RELOCATION ASSISTANCE PURSUANT TO TITLE 11, CHAPTER 7, ARTICLE 4.

Sec. 4. Retroactivity

This act applies retroactively to any stadium district established for multipurpose facilities from and after June 30, 1998.