ARIZONA STATE SENATE
Phoenix, Arizona
municipal development fees;
notice
(NOW: state land and resource management)
Modifies and updates several procedures of the State Land Department relating to fees, land sales and notice requirements.
Background:
The State Land Department (Department) was established in 1915 to manage state trust land and resources to enhance value and optimize economic return for the trust land beneficiaries. To achieve this goal, the Department is authorized to lease, grant right of way on and sell trust lands. During fiscal year 2001-2002, the Department held 37 land auctions resulting in $54.9 million in sales, while leases and right of way grants produced an additional $24.9 million.
According to the Department, many of its business practices are out of date and in need of statutory modification to conform to the Department’s current protocol. H.B. 2524 modifies and updates several procedures of the State Land Department relating to fees, land sales and notice requirements.
There is no anticipated impact to the state general fund associated with this bill.
1. Allows the Commissioner to accept as payment of fees credit and charge cards, debit cards and electronic transfers.
2. Allows the selection board, at the request of the Commissioner, to approve or reject the inclusion of state land within proposed corporate limits.
3. Allows an applicant, at the discretion of the Commissioner, to advance or incur costs for evaluating and processing an application for a sale, lease, right-of-way or other use permit.
4. Stipulates that, if the successful bidder at an auction is not the applicant, the successful bidder must reimburse the applicant for cost associated with evaluating and processing the application.
5. Allows the Commissioner, if an auction does not occur or a transaction is not completed as a result of a mistake or circumstances caused by the Department, to reimburse the applicant for all or part of the costs associated with evaluating and processing the application. Requires reimbursements to only cover costs that represent an enhancement of knowledge about the parcel.
6. Allows a representative of the Department to use discretion in announcing relevant information, rather than reading the published notice, at the time of the sale of lands.
7. Allows the Department to establish the terms under which the time for delinquent payment of principal or interest may be extended. Stipulates that the extension begins on the date of the notice of forfeiture.
8. Reduces the amount of information required in notices of expiring grazing leases on state land.
9. Allows the Department to include in a lease of state trust lands rights and interests previously reserved to the state such as rights to mineral resources on the land, legal claims under the mineral land laws and the right to enter upon the land for exploration and extraction of commodities.
10. Adjusts notice requirements for private property owners within 300 feet of state trust land subject to classification as suitable for conservation to include only those property owners whose land consists of at least 40 acres.
11. Requires the notice of reclassification as trust lands suitable for conservation to include a request for written comments within 30 days of the notice and requires the Commissioner to consider the comments in adopting a plan to coordinate existing and conservation uses for the land.
12. Resolves statutory conflicts regarding the deposit of the prepayment of appraisal fees to the State Land Department.
13. Makes technical and conforming changes.
14. Provides for a general effective date.
Amendments Adopted by the NRAE Committee
Adopted the strike-everything amendment, amended as follows:
a. Clarifies that the authority of the affected state agencies to provide written support for federal agreements that are in the best interest of the state is not an approval required for counties and municipalities to enter into federal agreements.
b. Makes a conforming change.
Amendments
Adopted by Committee of the Whole
Removes provisions dealing with requirements that must be met by counties and municipalities before entering into federal agreements that affect lands, wildlife or resources owned or controlled by the state.
Senate Action
NRAE 4/12/01 DPA/SE 5-1-2
3rd Read 4/25/01 20-8-1-1
Prepared by Senate Staff
April 25, 2001