KAVANAGH FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2156
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 9-500.14, Arizona Revised Statutes, is amended to read:
9-500.14. Use of city or town resources or employees to influence elections; prohibition; civil penalty; definitions
A. A city or town shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value of the city or town, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a city or town may distribute informational reports pamphlets on a proposed bond election as provided in section 35‑454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a city or town from reporting on official actions of the governing body.
B. This section does not prohibit the use of city or town resources, including facilities and equipment, for government sponsored meetings, forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government sponsored event.
B. C. Employees of a city or town shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.
D. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the city or town is located for the purpose of complying with this section.
E. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. City or town funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the city or town whose funds were misused.
C. F. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.
G. For the purposes of this section:
1. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
2. "Misused funds" means city or town monies or resources used unlawfully as proscribed by this section.
Sec. 2. Section 11-410, Arizona Revised Statutes, is amended to read:
11-410. Use of county resources or employees to influence elections; prohibition; civil penalty; definitions
A. A county shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a county may distribute informational reports pamphlets on a proposed bond election as provided in section 35‑454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a county from reporting on official actions of the county board of supervisors.
B. This section does not prohibit the use of county resources, including facilities and equipment, for government sponsored meetings, forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government sponsored event.
B. C. Employees of a county shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.
D. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the alleged violation occurred for the purpose of complying with this section.
E. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the county budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. County funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the county whose funds were misused.
C. F. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.
G. For the purposes of this section:
1. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
2. "Misused funds" means county monies or resources used unlawfully as proscribed by this section."
Renumber to conform
Page 1, line 6, strike "public" insert "state, special district"
Line 8, strike "and"
Line 9, strike "cities, towns, counties,"; after "special" insert "taxing"
Line 27, after "election" insert "and including publications and activities otherwise prescribed by chapter 6, article 2 of this title for the citizens clean elections commission"
Page 2, between lines 2 and 3, insert:
"F. With respect to special taxing districts, this section applies only to those special taxing districts that are organized pursuant to title 48, chapters 5, 6, 8, 10, 13, 14, 15 and 16."
Reletter to conform
Amend title to conform
John Kavanagh |
C: MYR