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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1408

 

ombudsman-citizens aide; continuation; reports; assistants

Purpose

            Continues the Office of the Ombudsman-Citizens Aide for eight years and modifies staffing and reporting requirements.

Background

            The Office of the Ombudsman-Citizens Aide was established in 1995 to service citizens' complaints by investigating the administrative acts of state agencies and annually reporting to the Governor, Legislature and public on its activities (Laws 1995, Chapter 281). The
Ombudsman-Citizens Aide must be an Arizona resident for at least six months, be 25 years old and have investigatory experience (A.R.S. § 41-1374). Upon receiving a complaint, the Ombudsman-Citizens Aide may investigate or refuse to investigate based on specified statutory criteria (A.R.S. § 41-1377). The Ombudsman-Citizens Aide must notify a complainant of the decision to investigate or not investigate within 30 days of receiving a complaint (A.R.S.
§ 41-1378
).

            The Senate Government and House Government Committees of Reference (CORs) held a public meeting on January 9, 2020, to consider the Office of the Ombudsman-Citizens Aide’s responses to the sunset factors and receive public testimony. The CORs recommended that the Legislature continue the Office of the Ombudsman-Citizens Aide for eight years (CORs final report). The Office of the Ombudsman-Citizens Aide is statutorily set to terminate on July 1, 2020, unless legislation is enacted for its continuation (A.R.S. § 41-3020.22).

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

Provisions

1.      Requires the Office of the Ombudsman-Citizens Aide to annually, rather than semiannually, present an annual report to the Legislative Council and distribute copies of the report to specified entities.

2.      Requires the Office of the Ombudsman-Citizens Aide to appoint one assistant who is an attorney, rather than two assistants, to help investigate complaints relating to public access laws and reporting compliance.

3.      Continues, retroactive to July 1, 2020, the Office of the Ombudsman-Citizens Aide until July 1, 2028.

4.      Repeals the Office of the Ombudsman-Citizens Aide on January 1, 2029.

5.      Contains a purpose statement.

6.      Makes technical and conforming changes.

7.      Becomes effective on the general effective date, with a retroactive provision as noted.

Prepared by Senate Research

February 6, 2020

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