Bill Number: H.B. 2526

                                                                                                     Yarbrough Floor Amendment

                                                                                         Reference to: House engrossed bill

                                                                          Amendment drafted by: Legislative Council

 

 

 

·         Clarifies that an office is deemed vacant if a board or commission member is removed by the appointing power before the end of the person’s term.

 

·         Stipulates that members of the Governor’s Regulatory Review Council are subject to statutes regarding vacancy and term of office.

 

·         Makes technical changes.

 

 

Fifty-second Legislature                                                Yarbrough

First Regular Session                                                   H.B. 2526

 

YARBROUGH FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2526

(Reference to House engrossed bill)

 

Page 1, between lines 1 and 2, insert:

"Section 1.  Section 38-291, Arizona Revised Statutes, is amended to read:

START_STATUTE38-291.  Vacancy defined

An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:

1.  Death of the person holding the office.

2.  Insanity of the person holding the office, when judicially determined.

3.  Resignation of the person holding the office and the lawful acceptance of the resignation.

4.  Removal from office of the person holding the office, including the removal of a board or commission member by the appointing power before the expiration of the person's term of office.

5.  If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which he the person was elected, or within which the duties of his the person's office are required to be discharged.

6.  Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.

7.  The person holding the office ceasing to discharge the duties of office for the period of three consecutive months.

8.  Conviction of the person holding the office of a felony or an offense involving a violation of his the person's official duties.

9.  Failure of the person elected or appointed to such the office to file his the person's official oath within the time prescribed by law.

10.  A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.

11.  Failure of a person to be elected or appointed to the office.

12.  A violation of section 38‑296 by the person holding the office. END_STATUTE

Sec. 2.  Section 38-295, Arizona Revised Statutes, is amended to read:

START_STATUTE38-295.  Term of office; discharge of official duties after expiration of term; appointment to fill unexpired term

A.  Unless otherwise specified by law, every officer whose term is not fixed by law shall hold holds office at the pleasure of the appointing power.

B.  Every officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.  The discharge of the duties of office for appointments requiring senate confirmation shall be governed by section 38‑211.

C.  Vacancies occurring in an office, or in the membership of a board or commission, shall be filled only for the unexpired term of the officer or member."

Renumber to conform

Page 1, line 8, after "38‑211" insert "and who are subject to sections 38‑291 and 38‑295" END_STATUTE

Amend title to conform

 

 

2526sy

03/23/2015

11:00 AM

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