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REFERENCE TITLE: county supervisors; two-term limit; referendum
State of Arizona
House of Representatives
Fifty-second Legislature
First Regular Session
2015
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Introduced by
Representatives Finchem: Leach, Senator Smith
A CONCURRENT RESOLUTION
ENACTING AND ORDERING THE SUBMISSION TO THE PEOPLE OF A MEASURE RELATING TO
COUNTY BOARDS OF SUPERVISORS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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Be it resolved by the House of Representatives of the State of Arizona, the 1
Senate concurring: 2
1. Under the power of the referendum, as vested in the Legislature, 3
the following measure, relating to county boards of supervisors, is enacted 4
to become valid as a law if approved by the voters and on proclamation of the 5
Governor: 6
AN ACT 7
AMENDING SECTIONS 11-211 AND 11-212, ARIZONA REVISED STATUTES; 8
AMENDING TITLE 11, CHAPTER 2, ARTICLE 2, ARIZONA REVISED 9
STATUTES, BY ADDING SECTION 11-224; AMENDING SECTIONS 11-802 AND 10
48-5105, ARIZONA REVISED STATUTES; RELATING TO COUNTY BOARDS OF 11
SUPERVISORS. 12
Be it enacted by the Legislature of the State of Arizona: 13
Section 1. Section 11-211, Arizona Revised Statutes, is 14
amended to read: 15
11-211. Membership; qualifications; term
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A. There shall be in Each county having a population of
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one hundred seventy-five thousand or more persons SHALL HAVE a
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board of supervisors consisting of five members who shall be 19
qualified electors of their supervisorial district, and who 20
shall be elected at a general election at which the president of 21
the United States is elected. In each county having a
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population of less than one hundred seventy-five thousand
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persons, a board of supervisors shall consist of three members,
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except as prescribed by subsection B or C of this section, who
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shall be qualified electors of their supervisorial district and
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who shall be elected at a general election at which the
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president of the United States is elected. They shall enter on
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their duties on January 1 subsequent to their election, and
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shall hold office for four years. No person holding any other 30
county or precinct office is eligible to the office of 31
supervisor. 32
B. Any county having a population of less than one
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hundred fifty thousand persons but more than one hundred
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thousand persons shall call an election to change from a
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three-member to a five-member board of supervisors, or from a
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five-member to a three-member board of supervisors, on receipt
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by the board of supervisors of a petition containing signatures
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of qualified electors equal to at least ten per cent of the
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votes cast in the county at the preceding general election at
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which a president of the United States was elected. The board
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shall submit to the electors in the county, at a special
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election called for that purpose, the question whether or not
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the county shall elect five members or three members to the
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board of supervisors. The election shall be held before the
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first Monday in January preceding the next general election.
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The ballots shall contain the words: "Five supervisors, yes.
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Five supervisors, no." or "Three supervisors, yes. Three
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supervisors, no." If the majority of the qualified electors
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voting on the question votes in the affirmative, the board of
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supervisors shall redistrict the county in accordance with
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section 11-212. The county shall thereafter elect the
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prescribed number of members to the board of supervisors who
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shall be elected in the manner provided in subsection A of this
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section and have the same qualifications as provided in
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subsection A of this section for a board of supervisors with a
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population of one hundred seventy-five thousand or more persons,
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and shall hold office for a term of four years to commence on
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January 1.
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C. Any county having a population of at least one hundred
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fifty thousand persons but not more than one hundred
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seventy-five thousand persons and having a county board of
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supervisors that consists of three persons shall submit to the
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electors in the county, at the next general election after the
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release of the population estimate from the office of employment
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and population statistics, the question of whether the county
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shall elect five members to the board of supervisors. The
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ballots must contain the words: "Five supervisors, yes. Five
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supervisors, no." If approved by a majority of the qualified
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electors of that county who voted on the question, the board of
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supervisors shall redistrict the county pursuant to section
26
11-212. The county thereafter shall elect at the next general
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election immediately following the election at which the
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question is approved the prescribed number of members to the
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board of supervisors who shall have the same qualifications as
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provided in subsection A of this section. The following apply
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to the election for the county board of supervisors prescribed
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in this subsection:
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1. If the next general election immediately following the
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election at which the question is approved is held in a year
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that is the last year of the four-year term of the three members
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of the county board of supervisors who are already holding
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office, the five persons elected to the county board of
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supervisors hold office for a term of four years to commence on
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January 1 immediately following their election.
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2. If the next general election immediately following the
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election at which the question is approved is held in a year
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that is not the last year of the four-year term of the three
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members of the county board of supervisors who are already
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holding office, the two additional persons elected to the county
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board of supervisors hold office for a term of four years to
1
commence on January 1 immediately following their election. The
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three members of the county board of supervisors who are already
3
holding office continue to serve their four-year terms of office
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without regard to whether they are residents of the newly
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redrawn supervisorial districts for the remainder of those
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four-year terms. Thereafter, members of the board of
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supervisors must be residents of their supervisorial district
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and the term of office for members of that county board of
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supervisors shall be staggered four-year terms.
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3. For the election at which the question of whether the
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county shall elect five members to the board of supervisors is
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on the ballot, the county shall include in the publicity
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pamphlet an estimate of the cost to the county for each
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additional member to the board of supervisors.
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4. For the purposes of this subsection, "population"
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means the population according to the annual population estimate
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provided by the office of employment and population statistics.
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Sec. 2. Section 11-212, Arizona Revised Statutes, is 19
amended to read: 20
11-212. Supervisorial districts
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The board of supervisors shall meet at the county seat on 22
or before December 1 following the release of the United States 23
decennial census data and divide the county into three or five
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supervisorial districts as provided in this article, which shall 25
be numbered, respectively, districts one, two and three or
26
districts one, two, three, four and five. The board shall 27
define the boundaries and limits of each district and make the 28
division equal or with not more than ten per cent PERCENT
29
difference in population. The county may redistrict as often as 30
deemed necessary between each United States decennial census. 31
Sec. 3. Title 11, chapter 2, article 2, Arizona Revised 32
Statutes, is amended by adding section 11-224, to read: 33
11-224. Term limit; applicability
34
A. A MEMBER OF THE BOARD OF SUPERVISORS MAY NOT SERVE 35
MORE THAN TWO CONSECUTIVE TERMS IN THAT OFFICE. AFTER SERVING 36
THE MAXIMUM NUMBER OF CONSECUTIVE TERMS, THE PERSON IS NOT 37
ELIGIBLE TO SERVE IN THAT OFFICE UNTIL THAT PERSON HAS BEEN OUT 38
OF OFFICE FOR AT LEAST ONE FULL TERM. THE MAXIMUM NUMBER OF 39
CONSECUTIVE TERMS INCLUDES ANY PART OF A TERM SERVED. 40
B. THE LIMITATION PROVIDED IN SUBSECTION A OF THIS 41
SECTION APPLIES TO TERMS OF OFFICE BEGINNING ON OR AFTER JANUARY 42
1, 2015, EXCEPT: 43
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1. FOR A COUNTY GOVERNED BY AN EXISTING BOARD OF 1
SUPERVISORS CONSISTING OF THREE MEMBERS, A MEMBER OF THE BOARD 2
OF SUPERVISORS WHO IS SERVING ON THE BOARD OF SUPERVISORS AS OF 3
THE EFFECTIVE DATE OF THIS SECTION IS ELIGIBLE TO SERVE ONE 4
ADDITIONAL TERM IN THAT OFFICE. THEREAFTER, THE LIMITATION 5
PROVIDED IN SUBSECTION A OF THIS SECTION APPLIES. 6
2. FOR A COUNTY GOVERNED BY AN EXISTING BOARD OF 7
SUPERVISORS CONSISTING OF FIVE MEMBERS, A MEMBER OF THE BOARD OF 8
SUPERVISORS WHO IS SERVING ON THE BOARD OF SUPERVISORS AS OF THE 9
EFFECTIVE DATE OF THIS SECTION AND WHO RECEIVED THE FIRST, 10
SECOND OR THIRD HIGHEST NUMBER OF VOTES IS ELIGIBLE TO SERVE TWO 11
ADDITIONAL TERMS IN THAT OFFICE. THE MEMBERS OF THE BOARD OF 12
SUPERVISORS WHO RECEIVED THE FOURTH AND FIFTH HIGHEST NUMBER OF 13
VOTES ARE ELIGIBLE TO SERVE ONE ADDITIONAL TERM IN THAT OFFICE. 14
THEREAFTER, THE LIMITATION PROVIDED IN SUBSECTION A OF THIS 15
SECTION APPLIES. THE FIRST, SECOND, THIRD, FOURTH OR FIFTH 16
HIGHEST NUMBER OF VOTES IS BASED ON THE NUMBER OF VOTES THAT 17
MEMBER RECEIVED WHEN MOST RECENTLY ELECTED TO THE BOARD OF 18
SUPERVISORS, REGARDLESS OF WHEN THE ELECTION IN WHICH THE MEMBER 19
WAS ELECTED WAS HELD, IN RELATION TO THE NUMBER OF VOTES THE 20
OTHER MEMBERS RECEIVED AT THEIR MOST RECENT ELECTION TO THE 21
BOARD OF SUPERVISORS, REGARDLESS OF WHEN THE ELECTION IN WHICH 22
THOSE MEMBERS WERE ELECTED WAS HELD. 23
Sec. 4. Section 11-802, Arizona Revised Statutes, is 24
amended to read: 25
11-802. County planning and zoning commissions
26
A. The board of supervisors of a county, in order to 27
conserve and promote the public health, safety, convenience and 28
general welfare and pursuant to this chapter, shall plan and 29
provide for the future growth and improvement of its area of 30
jurisdiction, coordinate all public improvements pursuant to the 31
plan, form a planning and zoning commission to consult with and 32
advise it regarding matters of planning, zoning and subdivision 33
platting and, in the manner provided in this chapter, adopt and 34
enforce those rules, regulations, ordinances and plans as may 35
apply to the development of its area of jurisdiction. 36
B. The commission shall act in an advisory capacity to 37
the board and may or, if requested by the board, shall make a 38
report or recommendation in connection with any matter relating 39
to the development of the county under the jurisdiction of the 40
board. The commission shall make those investigations, maps, 41
reports and recommendations in connection with those 42
investigations, maps and reports as seem desirable within the 43
limits of the monies available. 44
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C. In the counties having three supervisorial districts,
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each county planning and zoning commission shall consist of nine
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members who shall be qualified electors of the county. Three
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members shall be appointed from each supervisorial district by
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the supervisor from that district, and not more than one of the
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three may be a resident of an incorporated municipality. Members
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of the commission shall serve without compensation except for
7
reasonable travel expenses.
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D. C. Except as provided in subsection E D of this
9
section, in the counties having five supervisorial districts,
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each county planning and zoning commission shall consist of ten 11
members who shall be qualified electors of the county. Two 12
members shall be appointed from each supervisorial district by 13
the supervisor from that district. Members shall be residents 14
of the district from which they are appointed. Members of the 15
commission shall serve without compensation except for 16
reasonable travel expenses. 17
E. D. If any supervisorial district is at least ninety
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per cent PERCENT Indian reservation and at least ninety per cent
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PERCENT of the district is not subject to county zoning 20
regulations, the supervisor from the district may appoint some 21
or all of the members to the commission from any supervisorial 22
district in the county if there is no appointee who is willing 23
to serve within the supervisorial district. These appointments 24
are subject to the limitations on residency required by 25
subsections C and D SUBSECTION C of this section. Members
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appointed to the commission pursuant to this subsection require 27
the approval of the board. 28
F. E. In counties with a population of less than one
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hundred seventy-nine thousand persons, an alternate member may 30
be appointed by the appointing supervisor for each commission 31
member appointed pursuant to subsections C, D and E C AND D of
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this section to serve in the absence of that member. Alternate 33
members may be appointed from any supervisorial district in the 34
county. During any meeting of the commission, if the regularly 35
appointed member becomes available, the alternate member shall 36
conclude any action on the agenda item under consideration and 37
the regularly appointed member shall be seated for the remaining 38
items. 39
G. F. The terms of the members of the commissions shall
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be for four years except for those initially appointed. Of
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those members initially appointed pursuant to subsection C of
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this section, five members shall be appointed to a two year term
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and four members shall be appointed to a four year term. Of
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those members initially appointed pursuant to subsection D C of
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this section, five members shall be appointed to a two-year term 1
and five members shall be appointed to a four-year term. 2
Thereafter, each term shall be four years. If a vacancy occurs 3
otherwise than by expiration of term, the vacancy shall be 4
filled by appointment for the unexpired portion of the term. 5
The board may remove members of the commission for cause. 6
H. G. On a conversion from three to five supervisorial
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districts IF A COUNTY REDISTRICTS pursuant to section 11-212,
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the board of supervisors, on expiration of the terms of members 9
of the commission serving on the date of the conversion, shall 10
make those appointments to fill the vacancies to conform to 11
subsection D C of this section as soon as is practicable.
12
I. H. The county assessor, county engineer, county
13
health officer and county attorney shall serve in an advisory 14
capacity to the commission and to the boards of adjustment. 15
J. I. The commission shall:
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1. Elect a chairperson from among its members for a term 17
of one year and those other officers as it determines. 18
2. By resolution fix the time and place within the 19
district of regular meetings, hold at least one regular meeting 20
each month when there is new official business to transact and 21
hold additional meetings as the chairperson or a majority of the 22
commission deems necessary. 23
3. Adopt rules for the transaction of business and keep a 24
record of its resolutions, transactions, findings and 25
determinations, which record shall be a public record and be 26
open to public inspection. 27
4. Transmit all of its recommendations, decisions, 28
findings, reports and official actions, regardless of vote, to 29
the board of supervisors. 30
K. J. A majority of the commission constitutes a quorum
31
for the transaction of business and a majority vote of the 32
quorum is required for any official action. 33
Sec. 5. Section 48-5105, Arizona Revised Statutes, is 34
amended to read: 35
48-5105. Board of directors
36
A. A board composed of the following members shall govern 37
the authority: 38
1. From each municipality that enters into the authority, 39
one elected official who is appointed by the respective 40
governing body of the municipality. 41
2. One county supervisor who is appointed by the county 42
board of supervisors, if the county enters into the authority. 43
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B. The term of each member is two years unless the member 1
is no longer serving in the member's elected capacity, in which 2
case the membership is vacant. The respective governing body 3
shall fill a vacancy under subsection A of this section. 4
C. Each municipality or county may provide for an 5
alternate board member who is also an elected official. Section 6
11-211, subsection A does not apply to a county supervisor
7
serving on the board. If an elected official of a municipality 8
is prohibited from serving on the board, the governing body of 9
the municipality shall appoint an official of the municipality 10
who is not prohibited from serving on the board. 11
D. The voting members of the authority are entitled to 12
one vote for each member unless a voting member requests a 13
weighted vote. If a weighted vote is requested, the following 14
apply: 15
1. Each member of the board is entitled to a percentage 16
vote based on the proportion of the population the member 17
represents to the total population represented by all members of 18
the board, except as provided in paragraph 4 of this subsection. 19
2. If a municipality is a member of the board, its 20
proportion of the population shall be calculated on the basis of 21
the population in the incorporated area of the municipality. 22
3. If the county is a member of the board, its proportion 23
of the population shall be calculated on the basis of the 24
population in the unincorporated area of the county. 25
4. The weighted vote of any single member shall not 26
exceed forty per cent PERCENT of the total weighted vote. If
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any member's proportion of the population as calculated in this 28
subsection entitles it to a weighted vote in excess of forty per
29
cent PERCENT, the limitation on its percentage does not affect
30
the calculation of the weighted vote of each other member. 31
E. For the purpose of preliminary approval of a regional 32
public transportation system plan, the voting provisions of 33
subsection D of this section apply, except that if a weighted 34
vote is requested, in addition to the provisions provided in 35
subsection D of this section relating to a weighted vote, a 36
minimum of one-third of the voting members is also required for 37
preliminary approval of the plan. 38
Sec. 6. Applicability
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Notwithstanding any other law, a county that is governed 40
by an existing board of supervisors consisting of three members 41
shall elect two additional supervisors at the 2016 general 42
election. The board of supervisors of these counties shall form 43
five supervisorial districts as provided by section 11-212, 44
Arizona Revised Statutes. 45
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Sec. 7. Retroactivity
1
This act applies retroactively to from and after December 2
31, 2014. 3
2. The Secretary of State shall submit this proposition to the voters 4
at the next general election as provided by article IV, part 1, section 1, 5
Constitution of Arizona. 6
