Assigned to GOV                                                                                                                                    AS ENACTED

 

                                                                                                                                                                                          

 

 

 

 

ARIZONA STATE SENATE

Fifty-Second Legislature, Second Regular Session

 

FINAL REVISED

FACT SHEET FOR S.B. 1487

 

state law; local violations; penalties

 

Purpose

 

            Directs the Attorney General (AG) upon request of a member of the Legislature to investigate any alleged violations of the Arizona Constitution or state law by a governing body of a county or municipality.

 

Background

 

The AG serves as the chief legal officer of the state and is the legal advisor for the state departments. The AG is responsible for representing political subdivisions, school districts and municipalities in suits to enforce state or federal statute (A.R.S. § 41-192).

 

The State Treasurer is responsible for the secure custody and record keeping of monies belonging to the state and to ensure all monies received and dispersed are to the correct funds and appropriate money (A.R.S. § 41-172).

 

As a political subdivision of the state, outlined in Arizona Revised Statutes, Title 11, counties are required to: 1) aid in the administration of Arizona’s state laws; 2) establish, manage and maintain public roads, detention centers, courthouses and hospitals; and 3) provide for the general welfare of county residents. The county Board of Supervisors (BOS) is responsible for creating procedures for the adoption, amendment, repeal and enforcement of rules offered by a county department, agency or other unit of county government.  A rule means a county statement of general applicability that implements, interprets or prescribes law or policy, including prescribing fees (A.R.S. § 11-251.18).

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Requires the AG to investigate if one or more members of the Legislature allege a governing body of a county or municipality adopted an ordinance, regulation or other official action in violation of state law or the Arizona Constitution.

 

2.      Directs the AG to provide notice to the county or municipality by certified mail if it is determined a violation of state law or the Arizona Constitution occurred and provide 30 days to resolve the violation. If the county or municipality fails to resolve the violation within 30 days the AG shall:

a)      notify the State Treasurer who shall withhold and redistribute state share monies from the county or municipality; and

b)      notify the Governor, President of the Senate, the Speaker of the House of Representatives and the member or members who made the request and direct the State Treasurer to restore the distribution of state shared revenue when the violation is corrected.

 

3.      Directs the State Treasurer, upon failure of a county or municipality to correct violations outlined in the written report from the AG within 30 days, to withhold the state shared monies once the  until the violation has been resolved. Directs the State Treasurer to redistribute the monies among all other counties or municipality in proportion to their populations.

 

4.      Allows the State Treasurer to distribute monies from state shared transaction privilege and excise taxes if the county or municipality certifies to the AG and State Treasurer that these monies are required for payment of debt services on bonds or other long-term obligations incurred before committing the violation.

 

5.      Stipulates the AG shall provide a written report of findings and conclusions within 30 days of the request and provide a copy of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the member or members who made request and the Secretary of State. 

 

6.      Requires the Supreme Court to give precedence to a special action brought by the AG for a violation of state law or the Arizona Constitution and requires the county or municipality to post a bond equal to the amount of state shared revenue paid for the preceding six months.

 

7.      Directs the AG to take no further action if it is determined no violation of state law or the Arizona Constitution occurred. 

 

8.      Makes technical and conforming changes.

 

9.      Becomes effective on the general effective date.

 

Revision

 

1.      Removes Proposition 105 requirement.

2.      Specifies the State Treasurer will withhold state shared monies after the county or municipality has 30 days to correct the violation. 

 

Senate Action                                                             House Action

 

GOV               2/17/16     DP     4-3-0                        COM               3/9/16        DP     5-3-0

3rd Read           2/24/16                17-12-1                    3rd Read           3/16/16                32-28-0

 

 

Signed by the Governor 3/17/16

Chapter 35

 

Prepared by Senate Research

March 24, 2016

RH/rf