AZ SPECIAL-2 23-1-2020

NOTE: Introduced version


PREFILED JAN 02 2020
REFERENCE TITLE: international boundary wall; building permits

State of Arizona
House of Representatives
Fifty-fourth Legislature
Second Regular Session
2020

HB 2084

Introduced by
Representatives Petersen: Barto, Biasiucci, Carroll, Cobb, Cook, Fillmore, Finchem, Grantham, Kavanagh, Nutt, Payne, Pierce, Roberts, Shope, Weninger, Senator Gray


AN ACT

AMENDING SECTIONS 9-467 AND 11-321, ARIZONA REVISED STATUTES; AMENDING TITLE 37, CHAPTER 2, ARTICLE 5, ARIZONA REVISED STATUTES, BY ADDING SECTION 37-325; RELATING TO BUILDING PERMITS.


(TEXT OF BILL BEGINS ON NEXT PAGE)


Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-467, Arizona Revised Statutes, is amended to read:
9-467. Building permits; issuance; distribution of copies; subsequent owner; international boundary wall
A. Any city or town requiring the issuance of a building permit shall transmit one copy of the permit to the county assessor and one copy to the director of the department of revenue. Permit copies shall provide the permit number, issue date and parcel number. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.
B. A city or town may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit. A city or town may require a person that has been issued a building permit and that does not otherwise hold a business license from the city or town to apply for a business license within thirty days after issuing the building permit.
C. If a person has constructed a building or an addition to a building without obtaining a building permit, a city or town shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that nothing in this section shall be construed as prohibiting the enforcement of DOES NOT PROHIBIT ENFORCING an applicable ordinance or code provision which THAT affects the public health or safety.

D. A CITY OR TOWN SHALL NOT REQUIRE A NONPROFIT CORPORATION OR PROPERTY OWNER TO OBTAIN A BUILDING OR CONSTRUCTION PERMIT IF ALL OF THE FOLLOWING APPLY:
1. THE PERMIT IS FOR CONSTRUCTION OF AN INTERNATIONAL BOUNDARY WALL.
2. THE PROPOSED CONSTRUCTION IS ON OR ADJACENT TO THE INTERNATIONAL BOUNDARY LINE.
3. THE LAND OWNER HAS PROVIDED WRITTEN CONSENT FOR THE CONSTRUCTION.

Sec. 2. Section 11-321, Arizona Revised Statutes, is amended to read:
11-321. Building permits; issuance; distribution of copies; subsequent owner; international boundary wall
A. Except in those cities and towns which THAT have an ordinance relating to the issuance of building permits, the board of supervisors shall require a building permit for any construction of a building or an addition thereto TO A BUILDING exceeding a cost of one thousand dollars $1,000 within its jurisdiction. The building permit shall be filed with the board of supervisors or its designated agent.
B. The board of supervisors may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit.
C. Where deemed of public convenience, the BOARD OF supervisors shall permit ALLOW the application for and the issuance of building permits by mail.
D. One copy of the building permit required by the terms of subsection A of this section shall be transmitted to the county assessor and one copy SHALL BE TRANSMITTED to the director of the department of revenue. The permit copy provided to the assessor and the department of revenue shall have the permit number, the issue date and the parcel number for which the permit is issued. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.
E. If a person has constructed a building or an addition to a building without obtaining a building permit, a county shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that nothing in this section shall be construed as prohibiting the enforcement of DOES NOT PROHIBIT ENFORCING an applicable ordinance or code provision which THAT affects the public health or safety.

F. A COUNTY SHALL NOT REQUIRE A NONPROFIT CORPORATION OR PROPERTY OWNER TO OBTAIN A BUILDING OR CONSTRUCTION PERMIT IF ALL OF THE FOLLOWING APPLY:
1. THE PERMIT IS FOR CONSTRUCTION OF AN INTERNATIONAL BOUNDARY WALL.
2. THE PROPOSED CONSTRUCTION IS ON OR ADJACENT TO THE INTERNATIONAL BOUNDARY LINE.
3. THE LAND OWNER HAS PROVIDED WRITTEN CONSENT FOR THE CONSTRUCTION.
Sec. 3. Title 37, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 37-325, to read:
37-325. International boundary wall; presumption of approval
A PRESUMPTION EXISTS THAT PERMISSION FOR THE CONSTRUCTION OF AN INTERNATIONAL BOUNDARY WALL ON STATE-OWNED LAND WILL BE GRANTED BY THE STATE.

END