REFERENCE TITLE: secretary of state; constitutional conventions

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HB 2459

 

Introduced by

Representatives Payne: Cook, John, Mosley, Stringer, Syms, Townsend

 

 

AN ACT

 

amending section 41-121, Arizona Revised Statutes; relating to the secretary of state.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-121, Arizona Revised Statutes, is amended to read:

START_STATUTE41-121.  Duties

A.  The secretary of state shall:

1.  Receive bills and resolutions from the legislature, and perform such other duties as devolve on the secretary of state by resolution of the two houses or either of them.

2.  Keep a register of and attest the official acts of the governor.

3.  Act as custodian of the great seal of this state.

4.  Affix the great seal, with the secretary of state's attestation, to public instruments to which the official signature of the governor is attached.

5.  File in the secretary of state's office receipts for all books distributed by the secretary of state and direct the county recorder of each county to do the same.

6.  Certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.

7.  Publish slip laws of each act of the legislature promptly on passage and approval of such act, make such acts available to interested persons for a reasonable fee to compensate for the cost of printing and provide each house of the legislature and the legislative council with a certified copy of each bill or resolution, showing the chapter or resolution number of each, as each is filed in the secretary of state's office.

8.  Keep a fee book of fees and compensation of whatever kind and nature earned, collected or charged by the secretary of state, with the date, the name of the payer and the nature of the service in each case. The fee book shall be verified annually by the secretary of state's affidavit entered in the fee book.

9.  Perform other duties imposed on the secretary of state by law.

10.  Report to the governor on January 2 each year, and at such other times as provided by law, a detailed account of the secretary of state's official actions taken since the secretary of state's previous report together with a detailed statement of the manner in which all appropriations for the secretary of state's office have been expended.

11.  Transfer all noncurrent or inactive books, records, deeds and other papers otherwise required to be filed with or retained by the secretary of state to the custody of the Arizona state library, archives and public records.

12.  Make available to the public, without charge, title 33, chapters 10 and 11 on the secretary of state's website.

13.  Accept, and approve for use, electronic and digital signatures that comply with section 18‑442, for documents filed with and by all state agencies, boards and commissions.  In consultation with the department of administration and the state treasurer, the secretary of state shall adopt rules pursuant to chapter 6 of this title establishing policies and procedures for the use of electronic and digital signatures by all state agencies, boards and commissions for documents filed with and by all state agencies, boards and commissions.

14.  Meet at least annually with personnel from the federal voting assistance office of the United States department of defense and with county recorders and other county election officials in this state to coordinate the delivery and return of registrations, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens.

15.  Collect and compile a registry of all resolutions or memorials that are approved by the legislature and that call for a convention for proposing an amendment to the constitution of the United States pursuant to article V, constitution of the United States, or that rescind or otherwise affect a call for a convention.  The secretary of state shall make this registry available to the public on the secretary of state's website and shall transmit the contents of the registry to the Congress of the United States.

B.  The secretary of state may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity.  This subsection does not apply to election filings.END_STATUTE