Assigned to GOV                                                                                                FOR CAUCUS & FLOOR ACTION

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

VETOED

FINAL REVISED

FACT SHEET FOR H.B. 2357

 

county powers

 

Purpose

 

            Authorizes counties to enact ordinances that are not limited by, or in conflict with, state rule and laws, without seeking legislative approval.

 

Background

 

             Presently, statute provides a county board of supervisors the authority to adopt, amend, and repeal ordinances when conducting county business necessary in carrying out the duties and responsibilities of that county. Currently, legislation must be introduced to give counties the authority to address specific issues.  According to the County Supervisors Association, this includes legislation to allow counties permission to perform incidental tasks. For example, in the past, counties have sought and received permission to enact a barking dog ordinance, to sell trinkets and sundries at county parks and to provide technical assistance to fire districts.   This bill clarifies current statute by allowing counties to enact ordinances on a very narrow basis.  Issues such as budgets, private property rights, the right to tax or levy fees and the right to zone must still come before the Legislature.

 

            There is no direct fiscal impact associated with this legislation.

 

In her veto message, Governor Hull voiced concerns about the shift in county/state power involved in this legislation.  She pointed out that many court summaries have specified that a county board of supervisors may exercise no powers except those specifically granted by statute and that the language in this legislation may suggest otherwise: that counties have all powers unless specifically limited by, or in conflict with, state statute.  The Governor indicated that any proposed expansion of county powers should be examined more closely and must include provisions that do not compromise state authority.

 

Provisions

 

1.      Allows a county board of supervisors to enact ordinances.

 

2.      Prohibits counties from charging fees for land transaction and from changing county land use, planning or zoning without authorization.

 

3.      Makes technical changes

 

4.      Provides for a general effective date

Amendments Adopted by Government Committee

 

Prohibits counties from enacting ordinances changing county land use, planning or zoning without authorization and outside of present statutory limitations.

 

House Action                                                            Senate Action

 

CM                  2-20-01           DPA    9-1-0-0          GOV                 4-2-01        DPA     3-2-1-0

JUD                 3/6/01              DPA    9-0-0-1                      3rd Read             4/12/01                    19-10-1-0

3rd Read           3/19/01                        52-4-4-0

Final Read        4/17/01                        44-10-6-0

 

Vetoed by Governor 4/23/01

 

 

Prepared by Senate Staff

May 17, 2001