Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1268 Comm Sub / Analysis

Filed 06/06/2023

                    Assigned to GOV 	AS VETOED 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
VETOED 
 
AMENDED 
FACT SHEET FOR S.B. 1268 
 
annexation; notice; approval 
Purpose 
Increases, from 50 percent to 60 percent, the percentage of property owners required to 
circulate and file petitions to the office of the county recorder for the purpose of extending and 
increasing the corporate limits of a city or town by annexation. 
Background 
A city or town may extend or increase the corporate limits of the city or town by annexing 
contiguous territory. To be considered contiguous and proper for annexation, a territory must: 
1) adjoin the exterior boundary of the annexing city or town for at least 300 feet; 2) be at least 200 
feet wide at all points; and 3) have a distance between the location where the annexed territory 
adjoins the annexing city or town and the farthest point of the annexed territory that is no more 
than twice the maximum width of the annexed territory. A city or town may not annex territory if 
it would result in an unincorporated territory that is completely surrounded by the annexing city 
or town or a combination of other cities or towns. 
A city or town must file a blank petition with the office of the county recorder of the county 
in which the annexation is proposed. The blank petition must include the map and description of 
the territory to be annexed. Before petitions may be circulated, there must be a 30-day waiting 
period after filing the petition with the county recorder. Within the last 10 days of the waiting 
period, the city or town must hold a public hearing to discuss the annexation proposal. Notice of 
the public hearing must be sent by first-class mail to the chairperson of the board of supervisors of 
the county in which the territory proposed to be annexed is located. Within one year following the 
public hearing and the end of the waiting period, the petition containing signatures of at least 50 
percent of eligible property owners must be filed with the county recorder. After outlined 
requirements are met, the city or town may adopt the annexation ordinance (A.R.S. § 9-471). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Increases, from 50 percent to 60 percent, the percentage of real and personal property owners 
required to circulate and file petitions to the office of the county recorder for the purpose of 
extending and increasing the corporate limits of a city or town by annexation.  FACT SHEET – Amended/Vetoed  
S.B. 1268 
Page 2 
 
 
2. Requires notice of the public hearing be sent by certified mail, rather than first class mail. 
3. Requires the governing body of the city or town to bear the cost of the certified mail for notice 
of the public hearing. 
4. Makes conforming changes. 
5. Becomes effective on the general effective date. 
Amendments Adopted by Committee 
• Requires the governing body of the city or town to bear the cost of the certified mail for notice 
of the public hearing. 
Governor's Veto Message 
The Governor indicates in her veto message that annexation is an important and common 
practice for the development of Arizona communities and that S.B. 1268 undermines the voices of 
property owners who, when in a majority, wish to be annexed. 
Senate Action                                                         House Action 
GOV 2/8/23 DPA 5-3-0 GOV 3/15/23 DP 9-0-0-0 
3
rd
 Read 2/28/23  16-14-0 3
rd
 Read 5/15/23  31-27-1-0-1 
Vetoed by the Governor 6/5/23 
Prepared by Senate Research 
June 6, 2023 
AN/SB/slp