HB 2009
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: GE DPA 7-6-0-0
HB 2009: violations of state law; schools
Sponsor: Representative Kaiser, LD 15
Caucus & COW
Overview
Includes a school district or charter school 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. Adds that a member of the Legislature may request the AG to investigate official actions taken
by a school district or charter school that allegedly violate state law or the Arizona Constitution.
(Sec. 1)
2. Specifies that the AG must notify the State Treasurer for a violation by a county, city or town.
(Sec. 1)
3. Requires the AG to notify the Arizona Department of Education (ADE) for a violation by a
school district or charter school and ADE to withhold 10% of the permissible monthly
Classroom Site Fund (CSF) monies. (Sec. 1)
4. Maintains that a school district or charter school that has CSF monies withheld is not
authorized to reduce the pay or benefits of an employee who is a teacher, instructional staff
or classified staff during the same fiscal year the school district or charter school had monies
withheld. (Sec. 1)
5. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2009
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Amendments
Committee on Government & Elections
1. Repeals statute relating to violations of state law by counties, cities or towns.
2. Removes references to charter schools for the request of an investigation by the AG for an
alleged violation of state law or the Arizona Constitution.
3. Specifies that an AG investigation may occur because of any written policy, written rule or
written regulation adopted by any agency, department or other entity of the county, city or
town.
4. Reinserts current language regarding the AG making a written report of findings and
conclusions as a result of an investigation.
5. Adds current language regarding the requirement of the AG to file a special action in the
supreme court to resolve the issue.
6. Stipulates that before a member of the Legislature may request an investigation by the AG,
the member of the Legislature must first provide a written notification of the alleged violation
of state law or the Arizona Constitution to the chief executive officer or governing body of the
county, city or town.
7. States that if the county, city or town 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.