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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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CHAPTER 218
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HOUSE BILL 2526 |
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AN ACT
amending sections 38-291, 38-295 and 41‑1051, Arizona Revised Statutes; relating to state officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-291, Arizona Revised Statutes, is amended to read:
38-291. 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.
Sec. 2. Section 38-295, Arizona Revised Statutes, is amended to read:
38-295. 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.
Sec. 3. Section 41-1051, Arizona Revised Statutes, is amended to read:
41-1051. Governor's regulatory review council; membership; terms; compensation; powers
A. A The governor's regulatory review council is established that consists consisting of six members who are appointed by the governor pursuant to section 38‑211 and who are subject to sections 38‑291 and 38‑295, and the director of the department of administration or the assistant director of the department of administration who is responsible for administering the council. The director or assistant director is an ex officio member and chairperson of the council. The council shall elect a vice‑chairperson to serve as chairperson in the chairperson's absence. The governor shall appoint at least one member who represents the public interest, at least one member who represents the business community, at least one member who is a small business owner, one member from a list of three persons who are not legislators submitted by the president of the senate and one member from a list of three persons who are not legislators submitted by the speaker of the house of representatives. At least one member of the council shall be an attorney licensed to practice law in this state. The governor shall appoint the members of the council for staggered terms of three years. A vacancy occurring during the term of office of any member shall be filled by appointment by the governor for the unexpired portion of the term in the same manner as provided in this section.
B. The council shall meet at least once a month at a time and place set by the chairperson and at other times and places as the chairperson deems necessary.
C. Members of the council are eligible to receive compensation in an amount of two hundred dollars for each day on which the council meets and reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. The chairperson, subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, shall employ, determine the conditions of employment of and specify the duties of administrative, secretarial and clerical employees as the chairperson deems necessary.
E. The council may make rules pursuant to this chapter to carry out the purposes of this chapter.
F. The council shall make a list of agency rules approved or returned pursuant to sections 41‑1027 and 41‑1052 and section 41‑1056, subsection C for the previous twelve‑month period available to the public on request and on the council's website.
APPROVED BY THE GOVERNOR APRIL 6, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 7, 2015.