| 1 | 1 | | REFERENCE TITLE: state law; violation; schools; universities State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2276 Introduced by Representative Fillmore AN ACT repealing Section 41-194.01, Arizona Revised Statutes, as amended by Laws 2021, chapter 403, section 18; amending Section 41-194.01, Arizona Revised Statutes, as added by Laws 2016, chapter 35, section 1; relating to the attorney general. (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | REFERENCE TITLE: state law; violation; schools; universities |
|---|
| 12 | 12 | | State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 |
|---|
| 13 | 13 | | HB 2276 |
|---|
| 14 | 14 | | Introduced by Representative Fillmore |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | REFERENCE TITLE: state law; violation; schools; universities |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | State of Arizona |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | House of Representatives |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Fifty-fifth Legislature |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | Second Regular Session |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | 2022 |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | HB 2276 |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | Introduced by |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | Representative Fillmore |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | AN ACT |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | repealing Section 41-194.01, Arizona Revised Statutes, as amended by Laws 2021, chapter 403, section 18; amending Section 41-194.01, Arizona Revised Statutes, as added by Laws 2016, chapter 35, section 1; relating to the attorney general. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Repeal Section 41-194.01, Arizona Revised Statutes, as amended by Laws 2021, chapter 403, section 18, is repealed. Sec. 2. Section 41-194.01, Arizona Revised Statutes, as added by Laws 2016, chapter 35, section 1, is amended to read: START_STATUTE41-194.01. Violations of state law by political subdivisions; attorney general investigation; report; withholding of state aid and state shared revenues; civil penalty; notice of violation; definitions A. At the request of one or more members of the legislature, the attorney general shall investigate any of the following that the member or members allege violates state law or the Constitution of Arizona: 1. Any ordinance, regulation, order or other official action adopted or taken by the Arizona board of regents or the governing body or governing board of a community college district, school district, charter school, county, city or town that the member alleges violates state law or the Constitution of Arizona. 2. Any written policy, written rule or written regulation adopted by any agency, department or other entity of the county, city or town. 3. Any official action adopted or taken by a university, a community college, a charter school or a school that is operated by a school district. B. The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall 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 of the legislature making the original request and the secretary of state. If the attorney general concludes that the ordinance, regulation, order, written policy, written rule or other action under investigation: 1. Violates any provision of state law or the Constitution of Arizona, the attorney general shall provide notice to the Arizona board of regents, community college district, school district, charter school, county, city, or town, university, community college or school that is operated by a school district, by certified mail, of the violation and shall indicate that the county, city or town entity has thirty days to resolve the violation. If the attorney general determines that the county, city or town entity has failed to resolve the violation within thirty days, the attorney general shall: (a) Notify: (i) For a violation by a county, city or town, the state treasurer, who shall withhold and redistribute state shared monies from the county, city or town as provided by section 42-5029, subsection L and from the city or town as provided by section 43-206, subsection F. (ii) For a violation by the Arizona board of regents, a university, a community college district or a community college, the attorney general shall impose a civil penalty of $____________ against the entity for each month the violation occurs. (iii) For a violation by a charter school, a school district or a school that is operated by the school district, the department of education, which shall withhold _____ percent of the monthly classroom site fund monies that the school district or charter school is eligible to receive under section 15-977, except that the department of education may not withhold any monies that are transferred to the classroom site fund pursuant to section 37-521, subsection B or section 42-5029, subsection E, paragraph 10. (b) Continue to monitor the response of the Arizona board of regents, governing board, governing body, university, community college, charter school or school THAT is operated by a school district, and when the offending ordinance, regulation, order, written policy, written rule or action is repealed or the violation is otherwise resolved, the attorney general shall discontinue the civil penalty, if applicable, and notify: (i) The governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved. (ii) The state treasurer or the department of education, as applicable, to restore the distribution of state aid to the school district or charter school or state shared revenues to the county, city or town. 2. May violate a provision of state law or the Constitution of Arizona, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases. The court shall require: (a) The county, city or town to post a bond equal to the amount of state shared revenue revenues paid to the county, city or town pursuant to section sections 42-5029 and 43-206 in the preceding six months. (b) The Arizona board of regents, a university, a community college district or a community college to post a bond equal to $______________. (c) A school district, charter school or school that is operated by a school district to post a bond equal to $______________. 3. Does not violate any provision of state law or the Constitution of Arizona, the attorney general shall take no further action pursuant to this section. C. Before a member or members of the legislature may request an investigation by the attorney general of any written policy, written rule or written regulation adopted by any agency, department or other entity of a county, city or town pursuant to subsection A of this section, the member or members of the legislature shall first provide a written notification of the alleged violation of state law or the constitution of Arizona to the chief executive officer or governing body of the county, city or town. If the county, city or town does not repeal or otherwise resolve the violation within sixty days after receiving the notification, the member or members of the legislature may request an investigation by the attorney general pursuant to this section. D. Before a member or members of the legislature may request an investigation by the attorney general of any official action taken by a university, a community college, a charter school or a school that is operated by a school district pursuant to subsection A of this section, the member or members of the legislature shall first provide a written notification of the alleged violation of state law or the constitution of Arizona to the Arizona board of regents, community college district GOVERNING board, school district governing board or charter school governing body, as applicable. If the university, community college, charter school or school that is operated by a school district does not repeal or otherwise resolve the violation within sixty days after receiving the notification, the member or members of the legislature may request an investigation by the attorney general pursuant to this section. E. For the purposes of this section: 1. "Community college" has the same meaning prescribed in section 15-1401. 2. "Community college district" means district as defined in section 15-1401. 3. "University" means a university under the jurisdiction of the Arizona board of regents. END_STATUTE |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | Be it enacted by the Legislature of the State of Arizona: |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | Section 1. Repeal |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | Section 41-194.01, Arizona Revised Statutes, as amended by Laws 2021, chapter 403, section 18, is repealed. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | Sec. 2. Section 41-194.01, Arizona Revised Statutes, as added by Laws 2016, chapter 35, section 1, is amended to read: |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | START_STATUTE41-194.01. Violations of state law by political subdivisions; attorney general investigation; report; withholding of state aid and state shared revenues; civil penalty; notice of violation; definitions |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | A. At the request of one or more members of the legislature, the attorney general shall investigate any of the following that the member or members allege violates state law or the Constitution of Arizona: |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | 1. Any ordinance, regulation, order or other official action adopted or taken by the Arizona board of regents or the governing body or governing board of a community college district, school district, charter school, county, city or town that the member alleges violates state law or the Constitution of Arizona. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | 2. Any written policy, written rule or written regulation adopted by any agency, department or other entity of the county, city or town. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | 3. Any official action adopted or taken by a university, a community college, a charter school or a school that is operated by a school district. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | B. The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall 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 of the legislature making the original request and the secretary of state. If the attorney general concludes that the ordinance, regulation, order, written policy, written rule or other action under investigation: |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | 1. Violates any provision of state law or the Constitution of Arizona, the attorney general shall provide notice to the Arizona board of regents, community college district, school district, charter school, county, city, or town, university, community college or school that is operated by a school district, by certified mail, of the violation and shall indicate that the county, city or town entity has thirty days to resolve the violation. If the attorney general determines that the county, city or town entity has failed to resolve the violation within thirty days, the attorney general shall: |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | (a) Notify: |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | (i) For a violation by a county, city or town, the state treasurer, who shall withhold and redistribute state shared monies from the county, city or town as provided by section 42-5029, subsection L and from the city or town as provided by section 43-206, subsection F. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (ii) For a violation by the Arizona board of regents, a university, a community college district or a community college, the attorney general shall impose a civil penalty of $____________ against the entity for each month the violation occurs. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | (iii) For a violation by a charter school, a school district or a school that is operated by the school district, the department of education, which shall withhold _____ percent of the monthly classroom site fund monies that the school district or charter school is eligible to receive under section 15-977, except that the department of education may not withhold any monies that are transferred to the classroom site fund pursuant to section 37-521, subsection B or section 42-5029, subsection E, paragraph 10. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (b) Continue to monitor the response of the Arizona board of regents, governing board, governing body, university, community college, charter school or school THAT is operated by a school district, and when the offending ordinance, regulation, order, written policy, written rule or action is repealed or the violation is otherwise resolved, the attorney general shall discontinue the civil penalty, if applicable, and notify: |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (i) The governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved. |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (ii) The state treasurer or the department of education, as applicable, to restore the distribution of state aid to the school district or charter school or state shared revenues to the county, city or town. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | 2. May violate a provision of state law or the Constitution of Arizona, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases. The court shall require: |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (a) The county, city or town to post a bond equal to the amount of state shared revenue revenues paid to the county, city or town pursuant to section sections 42-5029 and 43-206 in the preceding six months. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (b) The Arizona board of regents, a university, a community college district or a community college to post a bond equal to $______________. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (c) A school district, charter school or school that is operated by a school district to post a bond equal to $______________. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | 3. Does not violate any provision of state law or the Constitution of Arizona, the attorney general shall take no further action pursuant to this section. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | C. Before a member or members of the legislature may request an investigation by the attorney general of any written policy, written rule or written regulation adopted by any agency, department or other entity of a county, city or town pursuant to subsection A of this section, the member or members of the legislature shall first provide a written notification of the alleged violation of state law or the constitution of Arizona to the chief executive officer or governing body of the county, city or town. If the county, city or town does not repeal or otherwise resolve the violation within sixty days after receiving the notification, the member or members of the legislature may request an investigation by the attorney general pursuant to this section. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | D. Before a member or members of the legislature may request an investigation by the attorney general of any official action taken by a university, a community college, a charter school or a school that is operated by a school district pursuant to subsection A of this section, the member or members of the legislature shall first provide a written notification of the alleged violation of state law or the constitution of Arizona to the Arizona board of regents, community college district GOVERNING board, school district governing board or charter school governing body, as applicable. If the university, community college, charter school or school that is operated by a school district does not repeal or otherwise resolve the violation within sixty days after receiving the notification, the member or members of the legislature may request an investigation by the attorney general pursuant to this section. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | E. For the purposes of this section: |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | 1. "Community college" has the same meaning prescribed in section 15-1401. |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | 2. "Community college district" means district as defined in section 15-1401. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | 3. "University" means a university under the jurisdiction of the Arizona board of regents. END_STATUTE |
|---|