A.R.S. tit. 48 ch. 33 — Arizona Revised Statutes Title 48 Chapter 33 — Public Health Services Districts

48-5801. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the board of directors of a public health services district. 2. "District" means a public health services district formed pursuant to this chapter. 48-5802. Formation of district; election A. A public health services district may be established in a county as provided by this section. B. Beginning January 1, 2011, to establish a public health services district the board of supervisors may provide for an election on the formation of the district and shall submit the question to the qualified electors of the county on a date prescribed by section 16-204. The ballot for the election shall contain the words "district formation, yes" and "district formation, no". The county shall administer the election as otherwise provided by law. If a majority of the persons voting on the question approves the question, the district shall be formed to consist of the entire county including the cities and towns that are located in whole or in part in the county. If a district is formed pursuant to this subsection, the county shall not reduce expenditures for public health to an amount that is less than fifty per cent of the county's fiscal year general fund public health expenditures as determined by calculating the average of the fiscal year expenditure amounts for the three fiscal years immediately preceding the year of the election. Costs for financing construction of any building shall not be included in the calculation of expenditures. C. Through December 31, 2010, the board of supervisors may establish a district by unanimous vote of the board. If established by unanimous vote pursuant to this subsection, the district shall be formed to consist of the entire county including the cities and towns that are located in whole or in part in the county. If a district is formed pursuant to this subsection, the county shall not reduce expenditures for public health to an amount that is less than sixty per cent of the county's fiscal year general fund public health expenditures as determined by calculating the average of the fiscal year expenditure amounts for the three fiscal years immediately preceding the year of the district's formation. Costs for financing construction of any building shall not be included in the calculation of expenditures. D. If the county does not form a public health services district pursuant to this section, the county shall provide equally public health services to all residents of the county including residents of cities and towns. The county may spend monies for public health services to address a specific public health need that is unique to a particular area or condition. The county shall not reduce expenditures for public health to an amount that is less than fifty per cent of the county's general fund public health expenditures in fiscal year 1998-1999. Costs for financing construction of any building shall not be included in the calculation of expenditures. Any city or town may provide services to its residents beyond the county's basic level of service and may use any combination of internal municipal departments or any other provider. E. A city or town that contributed monies to a county's public health budget in fiscal year 1999-2000: 1. In fiscal year 2000-2001, shall pay to the county one hundred per cent of the city's or town's original public health expenditure. 2. In fiscal year 2001-2002, shall pay to the county ninety-five per cent of the city's or town's original public health expenditure. 3. If the district is formed pursuant to this section or for any fiscal year after 2001-2002, shall no longer be obligated to pay monies to the county for public health expenditures. 4. Shall determine the city's or town's original public health expenditure level by calculating the fiscal year expenditure amount for fiscal year 1999-2000. Costs for financing construction of any building and payments made for expenditures incurred for any previous fiscal year shall not be included in the calculation of expenditures. 48-5803. Board of directors The county board of supervisors shall serve as the board of directors of the district. The directors are not eligible to receive compensation for their services but are eligible for reimbursement of their necessary expenses in attending district meetings and in traveling within and outside of the state when necessary to carry out the business of the district. 48-5804. Powers and duties A. The district board of directors shall: 1. Appoint from among its members a chairperson, a secretary and other officers as may be necessary to conduct its business. The county treasurer is designated ex officio as the treasurer of the district. 2. Keep proceedings and records of the board open to the public as required by title 38, chapter 3, article 3.1 and title 39, chapter 1 and maintain a complete and accurate record of all of its proceedings. B. The district, through its board of directors, may: 1. Adopt and use a corporate seal. 2. Sue and be sued. 3. Enter into contracts, including intergovernmental agreements, to carry out the purposes of this chapter. 4. Employ a public health director for the district who serves at the pleasure of the board and who shall employ professional, administrative and clerical employees as reasonably necessary to carry out the district's purposes. 5. Use revenues paid to the district pursuant to section 48-5805 and other revenues the district may receive for the purpose of providing public health services for the district. C. On formation of the district, the district board assumes all of the powers and duties of the county board of health for that county including authority to receive and spend state and federal grant monies. The county shall maintain expenditure levels as follows: 1. For any county in which a public health services district is formed pursuant to a vote of the qualified electors, that county shall not reduce expenditures for public health to an amount that is less than fifty per cent of the county's fiscal year general fund public health expenditures as determined by calculating the average of the fiscal year expenditure amounts for the three fiscal years immediately preceding the year of the formation of the district. Costs for financing construction of any building shall not be included in the calculation of expenditures. 2. For any county in which a public health services district is formed pursuant to unanimous vote of the board of supervisors, that county shall not reduce expenditures for public health to an amount that is less than sixty per cent of the county's fiscal year general fund public health expenditures as determined by calculating the average of the fiscal year expenditure amounts for the three fiscal years immediately preceding the year of the formation of the district. Costs for financing construction of any building shall not be included in the calculation of expenditures. D. A public health services district shall not be deemed responsible for providing services required under title 36, chapter 29. 48-5805. Transaction privilege tax; property tax A. The board of directors of the district by resolution may levy, and if levied, the department of revenue shall collect, a transaction privilege tax pursuant to this section to be used and spent for the purposes described in section 48-5804. The board shall set the rate of the tax at not more than two per cent of the tax rate that applies to each business in the district that is subject to taxation under title 42, chapter 5, article 1. The board shall levy the tax on each person engaging in the district in a business taxed under title 42, chapter 5, article 1. B. Each month the state treasurer shall remit to the district treasurer the net revenues collected under subsection A of this section during the second preceding month. The district treasurer shall deposit the monies in the public health services district's accounts and shall account for all expenditures. C. In lieu of a transaction privilege tax pursuant to subsection A of this section, the board by resolution may levy in the same manner and at the same time as other county secondary property taxes are levied a public health services district tax. The tax shall not exceed twenty-five cents per one hundred dollars of assessed valuation and shall be levied on all property in the county and on all property within incorporated cities and towns in the county. The district shall deposit all monies collected pursuant to this subsection in a separate account and shall account for all expenditures.