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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR S.C.R. 1035

 

peace officers; resignation; election; nomination

Purpose

Subject to voter approval, statutorily allows peace officers, including officers under the Department of Public Safety (DPS), to offer themselves for nomination or election to any salaried local or state office without being required to resign.

Background

Peace officers are: 1) sheriffs of counties; 2) constables; 3) marshals; 4) police officers of cities and towns; 5) commissioned personnel of DPS; 6) personnel who are employed by the Arizona Department of Corrections Rehabilitation and Reentry and the Arizona Department of Juvenile Corrections and who have received a certificate from the Arizona Peace Officer Standards and Training Board (AZPOST Board); 7) peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the AZPOST Board; 8) police officers who are appointed by community college district governing boards and who have received a certificate from the AZPOST Board; 9) police officers who are appointed by the Arizona Board of Regents and who have received a certificate from the AZPOST Board; 10) police officers who are appointed by the governing body of a public airport and who have received a certificate from the AZPOST Board; 11) peace officers who are appointed by a private postsecondary institution and who have received a certificate from the AZPOST Board; and 12) special agents from the Office of the Attorney General, or of a county attorney, and who have received a certificate from the AZPOST Board (A.R.S. § 1-215).

An employee, a member of the State Personnel Board or a member of the Law Enforcement Merit System Council may not be a member of any national, state or local committee of a political party, an officer or chairperson of a committee of a partisan political club or a candidate for nomination or election to any paid public office, must not hold any paid, elective public office or must not take any part in the management or affairs of any political party or in the management of any partisan or nonpartisan campaign or recall effort, except for outlined circumstances (A.R.S.
 § 41-752
).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows peace officers, including officers under DPS, to offer themselves for nomination or election to any salaried local or state office without being required to resign.

2.   Requires outlined officers who are appointed or elected to a salaried local or state office to resign from their public employment.

3.   Makes technical and conforming changes.

4.   Becomes effective if approved by the voters and on proclamation of the Governor.

Prepared by Senate Research

February 12, 2024

ZD/KK/cs