PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills.
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Senate Engrossed
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State of Arizona
Senate
Forty-sixth
Legislature
First Regular Session
2003
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SENATE BILL 1257
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AN ACT
AMENDING SECTION 38-231, ARIZONA REVISED STATUTES; RELATING TO THE LOYALTY OATH.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-231, Arizona Revised Statutes, is amended to read:
38-231. Officers and employees required to take loyalty oath; form; classification; definition
A. In order to insure ENSURE the statewide application of this section on
a uniform basis, each board, commission, agency, and independent office of the
THIS state, and of any of its political subdivisions, and of any county, city,
town, municipal corporation, school district, and public educational institution,
shall immediately upon the effective date of this act completely reproduce THIS
section 38-231 as set forth herein, to the end SO that the form of written
oath or affirmation required herein shall contain IN THIS SECTION CONTAINS all
of the provisions of said THIS section for use by all officers and employees of
all boards, commissions, agencies and independent offices.
C. Any officer or employee elected, appointed, or employed prior to the
effective date of this act shall not later than ninety days after the effective
date of this act take and subscribe the form of oath or affirmation set forth in
this section.
D. B. Any officer or employee within the meaning of this
section who fails to take and subscribe TO the oath or affirmation
provided by this section within the time limits prescribed by this section
shall IS not be entitled to any compensation unless and until
such THE officer or employee does so take and subscribe to the form of
oath or affirmation set forth in PRESCRIBED BY this section.
E. C. Any officer or employee as defined in this section
having taken the form of oath or affirmation prescribed by this section, and
knowingly at the time of subscribing TO the oath or affirmation, or at any
time thereafter during his THE OFFICER'S OR EMPLOYEE'S term of office
or employment, does commit or aid in the commission of any act to overthrow by
force, or violence OR TERRORISM AS DEFINED IN SECTION 13-2301 the
government of this state or of any of its political subdivisions, or advocates
the overthrow by force, or violence OR TERRORISM AS DEFINED IN
SECTION 13-2301 of the government of this state or of any of its political
subdivisions, or during such term of office or employment knowingly
becomes or remains a member of the communist party of the United States or its
successors or any of its subordinate organizations or any other organization
having for one of its purposes the overthrow by force or violence of the
government of the state of Arizona or any of its political subdivisions, and said
officer or employee as defined in this section prior to becoming or remaining a
member of such organization or organizations had knowledge of said unlawful
purpose of said organization or organizations, shall be IS guilty of a
class 4 felony and, upon ON conviction under this section, the officer
or employee shall be IS deemed discharged from said THE
office or employment and shall IS not be entitled to any
additional compensation or any other emoluments or benefits which may have been
incident or appurtenant to said THE office or employment.
F. D. Any of the persons referred to in article XVIII, section
10, of the Arizona Constitution OF ARIZONA, as amended,
related RELATING to the employment of aliens, shall be ARE
exempted from any compliance with the provisions of this section.
G. E. In addition to any other form of oath or affirmation
specifically provided by law for an officer or employee, before any officer or
employee enters upon the duties of his THE office or employment, he
THE OFFICER OR EMPLOYEE shall take and subscribe the following oath or
affirmation:
State of Arizona, County of ______________ I, _____________________
(type or print name)
do solemnly swear (or affirm) that I will support the Constitution of the United States
and the Constitution and laws of the State of Arizona, ; that I will bear true
faith and allegiance to the same, and defend them against all enemies, foreign and
domestic, and that I will faithfully and impartially discharge the duties of the office
of ______________________ (name of office) ________________________ according to the best
of my ability, so help me God (or so I do affirm).
______________________________________
(signature of officer or employee)
B. F. For the purposes of this section, the term
"officer or employee" means any person elected, appointed, or
employed, either on a part-time or full-time basis, by the THIS
state, or any of its political subdivisions or any county, city, town,
municipal corporation, school district, public educational institution, or
any board, commission or agency of any of the foregoing COUNTY, CITY,
TOWN, MUNICIPAL CORPORATION, SCHOOL DISTRICT OR PUBLIC EDUCATIONAL
INSTITUTION.