ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: TAT DP 8-0-1-0 | 3rd Read 29-1-0-0

House: TRANS DPA/SE 7-4-1-0

SB 1532: county transportation planning assistant

S/E: impeding school operations; civil liability

Sponsor:  Senator Livingston, LD 22

Caucus & COW

Summary of the Strike-Everything Amendment to SB 1532

Overview

Allows the Attorney General to bring an action against the knowing use of public monies or other public resources to organize, plan or execute any activity that impedes or prevents a public school from operating.

History

Pursuant to A.R.S. § 35-212, the attorney general in the attorney general's discretion may bring an action in the name of Arizona to:

1)   Enjoin the illegal payment of public monies; and

2)   Recover illegally paid public monies plus 20 percent of that amount together with interest and costs, including reasonable attorney fees, to be paid to the State Treasurer or other appropriate official or in the case of public monies of a political subdivision that did not originate or were not received from Arizona, to the political subdivision, to the credit of the fund from which the payment was made.

 The Attorney General may bring an action to recover illegally paid public monies against:

1)   Any person who received the illegal payment;

2)   The public body or the public officer acting in the officer's official capacity who ordered or caused the illegal payment or has supervisory authority over the person that ordered the illegal payment; and

3)   The public official, employee or agent who ordered or caused the illegal payment, including a payment ordered or caused to be made without authorization of law.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows the Attorney General to bring an action to recover monies against the public official, employee or agent of Arizona, a political subdivision or budget unit who knowingly uses public monies or other public resources, including email, equipment or compensated work time, to organize, plan or execute any activity that impedes or prevents a public school from operating for any period of time. (Sec. 1)

2.   Provides an exemption if the public official, employee or agent is acting in good faith and in furtherance of the official's, employee's or agent's official duties. (Sec. 1)

3.   Makes technical changes. (Sec. 1)

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7.                     SB 1532

8.   Initials JT  Page 0 Caucus & COW

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