ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2276: state law; violation; schools; universities

Sponsor: Representative Fillmore, LD 16

Committee on Government & Elections

Overview

Includes specified political subdivisions to violations of state law that a member of the Legislature may request the Attorney General (AG) to investigate.

History

Current law provides that the AG must investigate, at the request of one or more members of the Legislature, any ordinance, order, regulation or other official action adopted or taken by the governing body of a county, city or town, or any written policy, rule or regulation adopted by a department, an agency or other entity of the county, city or town that the member alleges violates state law or the Arizona Constitution (A.R.S. § 41-194.01).

The AG is directed to make a written report of the findings and conclusions as a result of the investigation and provide a copy to specified people.  If the AG concludes that there is a violation, the AG must provide notice to the county, city or town by certified mail and indicate that they have 30 days to resolve the violation.  If the violation is not resolved within the specified time period, the AG must notify the State Treasurer, who will withhold and redistribute state shared monies from the county, city or town (A.R.S. § 41-194.01).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRepeals statute relating to violations of state law by counties, cities and towns. (Sec. 1)

2.   Directs the AG, at the request of one or more members of the Legislature, to investigate any of the following for an alleged violation of state law or the Arizona Constitution:

a)   Any official action adopted or taken by the Arizona Board of Regents (ABOR) or the governing body or board of a community college district, school district or charter school, county, city or town;

b)   Any written rule, policy or regulation adopted by any department, agency or other entity of the county, city or town; or

c)   Any official action adopted or taken by a community college, university, charter school or a school that is operated by a school district. (Sec. 2)

3.   Instructs the AG, if the conclusion is made that there is a violation of state law or the Arizona Constitution to provide notice to ABOR, the community college district, school district, charter school, university, community college, county, city, town or school that is operated by a school district, by certified mail that the entity has 30 days to resolve the violation. (Sec. 2)

4.   Specifies the AG must notify the State Treasurer for a violation by a county, city or town. (Sec. 2)

5.   Stipulates the AG must impose a civil penalty of an unspecified amount for each month a violation occurs by a university, ABOR, a community college district or a community college. (Sec. 2)

6.   Instructs the Arizona Department of Education to withhold an unspecified percentage of the permissible monthly Classroom Site Fund monies for a violation by a school district, charter school or a school that is operated by a school district. (Sec. 2)

7.   Mandates the discontinuation of the civil penalty if the offending action is repealed or the violation is otherwise resolved. (Sec. 2)

8.   Asserts the Supreme Court must require the following entities to post a bond equal to an unspecified amount for a violation:

a)   ABOR;

b)   A community college;

c)   A university;

d)   A community college district;

e)   A school district;

f) A charter school; or

g)   A school operated by a school district. (Sec. 2)

9.   Stipulates that before requesting an investigation by the AG, a member or members of the Legislature must first provide a written notification of the alleged violation of state law or the Arizona Constitution to the entity. (Sec. 2)

10.  States that if the entity does not repeal or otherwise resolve the violation within 60 days after receiving the notification, the member or members of the Legislature may request an investigation by the AG. (Sec. 2)

11.  Defines pertinent terms. (Sec. 2)

12.  Makes conforming changes. (Sec. 2)

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16.                    HB 2276

17.  Initials SJ  Page 0 Government & Elections

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