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REFERENCE TITLE: state law; violations; political subdivisions |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1210 |
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Introduced by Senator Smith
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AN ACT
amending section 41‑194.01, Arizona Revised Statutes; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-194.01, Arizona Revised Statutes, is amended to read:
41-194.01. Violations of state law by political subdivisions; attorney general investigation; report; withholding of state shared revenues and other state or county monies; definition
A. At the request of one or more members of the legislature, the attorney general shall investigate any rule, ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town political subdivision that the member alleges violates state law or the Constitution of Arizona.
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 rule, ordinance, regulation, order 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 county, city or town political subdivision, by certified mail, of the violation and shall indicate that the county, city or town political subdivision has thirty days to resolve the violation. If the attorney general determines that the county, city or town political subdivision has failed to resolve the violation within thirty days, the attorney general shall:
(a) Notify the state treasurer or county treasurer, or both, if appropriate, who shall:
(i) If the political subdivision is a county, city or town, 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) If the political subdivision is not a county, city or town, withhold any state or county monies that would otherwise be distributed to that political subdivision and retain those monies in the state general fund or in any other state or county funds or accounts from which state or county monies would otherwise be distributed to that political subdivision.
(b) Continue to monitor the response of the governing body, and when the offending rule, ordinance, regulation, order or action is repealed or the violation is otherwise resolved, the attorney general shall 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 county treasurer, or both, if appropriate, to restore the distribution of state shared revenues to the county, city or town or to restore the distribution of other state or county monies to a political subdivision that is not a 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 the a political subdivision that is a county, city or town to post a bond equal to the amount of state shared revenue paid to the county, city or town pursuant to section sections 42‑5029 and 43‑206 in the preceding six months and require a political subdivision that is not a county, city or town to post a bond equal to the amount of state and county monies paid to that political subdivision in the preceding six months.
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. For the purposes of this section, "Political subdivision" means any agency, board, commission or political subdivision of this state that has a governing body composed of elected members, appointed members or members who serve on that governing body by virtue of holding a particular office or any combination of elected members, appointed members or members who serve on that governing body by virtue of holding a particular office.