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HB2913 - 572R - H Ver
House Engrossed
county land
commissioner; state lands
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2913
AN
ACT
Amending sections 11-401, 11-404
and 11-419, Arizona Revised Statutes; amending title 11, chapter 3,
Arizona Revised Statutes, by adding ARTICLE 8; amending sections 37-101
and 37-131, Arizona Revised Statutes; RELATING to state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 11-401, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-401.
Enumeration of officers
A. The officers of the county are:
1. Sheriff.
2. Recorder.
3. Treasurer.
4. School superintendent.
5. County attorney.
6. Assessor.
7. Supervisors.
8. Clerk of the board of supervisors.
9. Tax collector.
10. Land Commissioner.
B. The county treasurer shall be ex officio tax
collector.
END_STATUTE
Sec. 2. Section 11-404, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-404.
Residence of county officers
The following officers shall reside within the county:
1. Judge of the superior court.
2. Treasurer and ex officio tax collector.
3. Clerk of the board of supervisors.
4. Sheriff.
5. Assessor.
6. County attorney.
7. Recorder.
8. School superintendent.
9. Public defender.
10. land commissioner.
END_STATUTE
Sec. 3. Section 11-419, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-419.
County salaries
A. In counties having a population of five hundred
thousand or more persons, the following annual salaries shall be paid to county
officers:
���������������������������� Annual
Salary���������� Annual Salary
���������������������� Through���������������� Beginning
Officer
���������������������
December
31, 2024
������
January 1, 2025
Attorney�� ��� ������������� ���$123,678��������������� $143,678
Assessor�� ���
����������� ���� 76,600��������������� 96,600
Land
commissioner��� ����� ���� ��������������������� 96,600
Recorder�� ����� ����������� � ��
76,600��������������� 96,600
Sheriff��� ����� ����������� ����100,824��������������� 120,824
Superintendent
of
schools��������������� 76,600��������������� 96,600
Supervisor �����
����������� �����76,600��������������� 96,600
Treasurer� �����
����������� �����76,600��������������� 96,600
B. In counties having a population of less than five
hundred thousand persons, the following annual salaries shall be paid to county
officers:
���������������������������� Annual
Salary���������� Annual Salary
���������������������������� Through���������������� Beginning
Officer
���������������������
December
31, 2024
������
January 1, 2025
Attorney�� ��� ������������� ���$123,678��������������� $143,678
Assessor�� ���
����������� ���� 63,800��������������� 83,800
Land
commissioner��� ����� ��� ���������������������� 83,800
Recorder�� ����� ����������� � ��
63,800��������������� 83,800
Sheriff��� ����� ����������� ����100,824��������������� 120,824
Superintendent
of
schools��������������� 63,800��������������� 83,800
Supervisor ����� ����������� �����63,800��������������� 83,800
Treasurer� ����� ����������� �����63,800��������������� 83,800
C. Each of the officers named in subsections A and B
of this section, other than the board of supervisors and the county attorney,
may appoint a chief deputy who shall receive an annual salary agreed on by the
board of supervisors and the officer appointing the deputy.
D. The county attorney shall devote full time to the
county attorney's official duties and shall not engage in the private practice
of law.� The county attorney shall appoint a chief deputy who shall receive an
annual salary agreed on by the board of supervisors and the officer appointing
the chief deputy.
E. In any county included under subsection B of this
section, a chief deputy county attorney shall not be appointed unless
authorized by the board of supervisors who may authorize or prohibit the chief
deputy from engaging in the private practice of law. The annual
salary of the chief deputy shall be in an amount agreed on by the county
attorney and the board of supervisors.
F. In case of a vacancy in office of any elected
county officer included in subsections A and B of this section, the salary of
the person appointed to fill such vacancy shall be the same for the balance of
the unexpired term as that being paid the previous officeholder.
G. The legislature shall appropriate
monies each fiscal year from the state general fund to each county to pay the
salary of the county land commissioner pursuant to subsections A and B of this
section.
END_STATUTE
Sec. 4. Title 11, chapter 3, Arizona Revised
Statutes, is amended by adding article 8, to read:
ARTICLE
8. COUNTY LAND COMMISSIONER
START_STATUTE
11-551.
Duties; definition
A. The county land commissioner is
the manager of state lands in the county.
B. Notwithstanding any other law, the
county land commissioner shall determine all of the following for state lands
in the county:
1. Whether to issue a lease or renew
a lease as prescribed in title 37.
2. Whether to issue a right-of-way or
renew a right-of-way as prescribed in title 37.
3. Whether to place a parcel up for
public auction as prescribed in title 37.
4. The terms and conditions of any
conveyance, including the disposition of natural product.
5. How to resolve conflicting
interests between conflicting land uses.
6. The highest and best bid for,
highest and best use for and in the best interest of the state land trust.
7. The best management practice for
any parcel or subsurface right.
8. The marketing or zoning of any
parcel before public auction.
C. For the purposes of this section,
"state lands" has the same meaning prescribed in section 37-101.
END_STATUTE
Sec. 5. Section 37-101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
37-101.
Definitions
In this title, unless the context otherwise requires:
1. "Agricultural lands" means lands
which
that
are used or can be used
principally for:
(a) Raising crops, fruits, grains and similar farm
products.
(b) Algaculture. For the purposes of this
subdivision "algaculture" means the controlled propagation, growth
and harvest of algae.
2. "Amortized value" means the value for
improvements established pursuant to section 37-281.02, subsection G.
3. "Commercial lands" means lands
which
that
can be used principally for
business, institutional, religious, charitable, governmental or recreational
purposes, or any general purpose other than agricultural, grazing, mining, oil,
homesite or rights-of-way.
4. "Commission" means the
state land commission.
4.
5.
"Commissioner"
means the
state land commissioner
EXECUTIVE
DIRECTOR OF THE DEPARTMENT
.
5.
6.
"Community
identity package" means a design theme including such elements as
architecture, landscape, lighting, street furniture, walls and signage.
7. "county land
commissioner" means a member of the state land commission established by
section 37-131.
6.
8.
"Department"
means the state land department.
7.
9.
"Grazing
lands" means lands
which
that
can be used only for the ranging of livestock.
8.
10.
"Holding
lease" means a commercial lease issued solely to grant a limited use leasehold
interest in state land in anticipation of future development.
9.
11.
"Homesite
lands" means lands
which
that
are suitable for residential purposes.
10.
12.
"Improvements"
means anything permanent in character which is the result of labor or capital
expended by the lessee or
his
the lessee's
predecessors in interest on state land in its reclamation or development, and
the appropriation of water
thereon
,
on that
state land
and
which
that
has
enhanced the value of the land.
11.
13.
"Infrastructure"
means facilities or amenities, such as streets, utilities, landscaping and open
space,
which
that
are constructed or
located on state lands and
which
that
are intended to benefit more than the land on which they are immediately
located by enhancing the development potential and value of the state lands
impacted by the facility or amenities.
12.
14.
"Leapfrog
development" means the development of lands in a manner requiring the
extension of public facilities and services from their existing terminal point
through intervening undeveloped areas that are scheduled for development at a
later time, according to the plans of the local governing body having
jurisdiction for the area and
which
that
is responsible for the provision of these facilities and services.
13.
15.
"Leased
school or university land" means school or university land for which a
lease has been issued by
the
this
state, or the territory of Arizona, under which the lessee retains rights.
14.
16.
"Master
developer" means a person who assumes, as a condition of a land
disposition, the responsibilities prescribed by the department for
infrastructure or community identity package amenities, or both, or for
implementing a development plan containing a master plan area.
15.
17.
"Participation
contract" means a contract arising out of a sale together with other
rights and obligations in trust lands whereby the department receives a share
of the revenues generated by subsequent sales or leases.
16.
18.
"Section
of land" means an area of land consisting of six hundred forty acres.
17.
19.
"State
lands" means any land owned or held in trust, or otherwise, by
the
this
state, including leased school or
university land.
18.
20.
"Sublease"
means an agreement in which the lessee relinquishes control of the leased land
to another party for the purposes authorized in the lease.
19.
21.
"Urban
lands" means any state lands
which
that
are adjoining existing commercially or homesite developed lands and
which are either:
(a) Within the corporate boundaries of a city or
town.
(b) Adjacent to the corporate boundaries of a city
or town.
(c) Lands for which the designation as urban lands
is requested pursuant to section 37-331.01.
20.
22.
"Urban
sprawl" means the development of lands in a manner requiring the extension
of public facilities and services on the periphery of an existing urbanized
area where such extension is not provided for in the existing plans of the
local governing body having the responsibility for the provision of these
facilities and services to the lands in question.
END_STATUTE
Sec. 6. Section 37-131, Arizona Revised
Statutes, is amended to read:
START_STATUTE
37-131.
State land commission; appointment; term; compensation; executive
director; duties
A.
There shall be a
The
state land
commissioner who
commission is established consisting of the county land commissioner
from each county. The commissioner
shall be the executive officer of the
state land
department.
B.
The
each
county land
commissioner shall be
appointed
by the governor pursuant to section 38-211 and shall serve at the
pleasure of the governor
elected in the manner prescribed
for county offices pursuant to article XII, constitution of Arizona.
C.
The
eACH
county land
commissioner shall receive compensation as
determined pursuant to section
38-611
11-419
.
D. County land commissioners shall
serve for the same term as the county officers prescribed in article XII,
section 3, constitution of Arizona.
E. Notwithstanding any other law,
each county land commissioner shall have authority of state lands located in
the county of the county land commissioner.
F. The commission shall:
1. Hire an executive director of the
department who shall be compensated pursuant to section 38-611 and shall
serve at the pleasure of the commissioner.
2. Decide whether to initiate
rulemaking procedures.
3. Decide whether to send a notice of
proposed rulemaking to the SECRETARY of state.
4. Decide whether to send a notice of
supplemental rulemaking to the secretary of state.
5. Decide whether to send a notice of
final rulemaking to the secretary of state.
6. Decide whether to adopt, amend or
rescind any substantive policy statement.
7. Decide whether to initiate legal
action or litigation against an applicant, lessee or other party.
8. Oversee and approve, at the
commission's discretion, the department's interactions with the following:
(
a
) the
governor's regulatory review council.
(
b
) the office
of administrative hearings.
(
c
) the
legislature.
9. Elect a chairperson and vice
chairperson, who shall serve as the chairperson in the chairperson's absence.�
The chairperson shall set the agenda for each commission meeting.
10. Hold at least one public meeting
each year.� The chairperson may hold additional meetings as the chairperson
deems necessary.� A county land commissioner may request that the chairperson
call a public meeting or place an item within the purview of the commission on
the next public meeting agenda.
G. The executive director of the
department shall:
1. Maintain authority over all staff
of the department.
2. Keep minutes of any commission
meeting.
3. Fulfil the directives of the
commission, including any county land commissioner's determination of the
highest and best use of state land in the county land commissioner's
jurisdiction. Notwithstanding any other law, the executive director shall have
no authority to decide the highest and best bid, highest and best use of state
lands or what is in the best interest of the state land trust.
END_STATUTE
Sec. 7.
Elections
The county recorder of each county
shall facilitate the election of a county land commissioner in the 2028 general
election.� The state land commissioner may serve only until the state land
commission is sworn into office.
Sec. 8.
Conforming legislation
The legislative council staff shall
prepare proposed legislation conforming the Arizona Revised Statutes to the
provisions of this act for consideration in the fifty-eighth legislature,
first regular session.