Bill Text: AZ HB2257 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: State law; local violations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-02-02 - House GOV Committee action: Held, voting: (0-0-0-0-0-0) [HB2257 Detail]
Download: Arizona-2017-HB2257-Introduced.html
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REFERENCE TITLE: state law; local violations |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2257 |
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Introduced by Representative Thorpe
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AN ACT
amending section 41-194.01, Arizona Revised Statutes; relating to violations of state law by local governments.
(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 counties, cities and towns; attorney general investigation; report; withholding of state shared revenues
A. At the request of one or more members a member of the legislature, the attorney general shall investigate any ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town that the member alleges violates state law or the Constitution of Arizona. before making the request, the member shall:
1. send a written notice by certified mail to the governing body of the county, city or town that describes the alleged violation of state law or the Constitution of Arizona.
2. Wait at least seven business days after mailing the written notice to Allow the governing body of the county, city or town to send a written reply by certified mail to the member.
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. During the thirty‑day period, the attorney general may confer with the member and the governing body of the county, city or town to resolve the matter. If the attorney general concludes that the 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, by certified mail, of the violation and shall indicate that the county, city or town has thirty days to resolve the violation. If the attorney general determines that the county, city or town has failed to resolve the violation within thirty days, the attorney general shall:
(a) Notify the state treasurer who shall 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.
(b) Continue to monitor the response of the governing body, and when the offending 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 to restore the distribution of state shared revenues to the county, city or town.
2. May violate a provision of state law or the Constitution of Arizona, the attorney general shall may file a special action in the supreme court to resolve the issue, and the supreme court shall may give the action precedence over all other cases. The court shall may require the 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.
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.
