ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: ED DP 7-0-0-0 | 3rd Read 27-0-3-0

House: ED DP 10-0-0-0 | 3rd Read 57-0-3-0

SB 1280: school boards; sex offender registry

Sponsor: Senator Hoffman, LD 15

Transmitted to the Governor

Overview

Deems a person subject to registration as a sex offender ineligible for election or appointment to a school district governing board (governing board).

History

To run for election to a governing board, a person must be a registered voter of Arizona and have resided in the school district for at least one year immediately prior to the election. Statute prohibits a school district employee, including a person who provides services to the school district as an employee of a third-party contractor, or the spouse of such an employee from holding membership on the school district's governing board. If the governing board is composed of five members, immediate family who have the same household of residence within four years cannot serve simultaneously on the same governing board, though statute establishes an exception to this rule for a small school district meeting other prescribed criteria (A.R.S. § 15-421).

A county school superintendent is required to make appointments to governing boards to fill vacancies. A governing board may submit to the county school superintendent, within 30 days of notification of a vacancy, up to three names for consideration for appointment. However, the county school superintendent is not required to appoint a person from this list. Statute permits the county school superintendent to call a special election to fill the vacancy if it is in the community's best interest (A.R.S. § 15-302).

If a person is convicted of or adjudicated guilty except insane for specified sexual offenses, a person must register, within 10 days after the conviction or adjudication or 72 hours after entering and remaining for at least 72 hours in any Arizona county, as a sex offender with the county sheriff (A.R.S. § 13-3821).

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.   Prohibits a person who is subject to registration as a sex offender in Arizona or any other jurisdiction from being:

a)   appointed by a county school superintendent to fill a governing board vacancy; or

b)   eligible for election to a governing board. (Sec. 1, 2)

2.   Makes technical changes. (Sec. 1, 2)

3.    

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6.                     SB 1280

7.   Initials CH/RP    Page 0 Transmitted

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