Bill Text: AZ HB2156 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Elections; public resources prohibited
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-11 - Governor Signed [HB2156 Detail]
Download: Arizona-2013-HB2156-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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CHAPTER 88
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HOUSE BILL 2156 |
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AN ACT
amending sections 9-500.14, 11-410, 15-511, 15-1408 and 15-1633, Arizona Revised Statutes; repealing section 16-192, Arizona Revised Statutes; amending title 16, chapter 1.1, article 1, Arizona Revised Statutes, by adding a new section 16‑192; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.14, Arizona Revised Statutes, is amended to read:
9-500.14. Use of city or town resources or employees to influence elections; prohibition; civil penalty; definitions
A. A city or town shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value of the city or town, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a city or town may distribute informational reports pamphlets on a proposed bond election as provided in section 35‑454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a city or town from reporting on official actions of the governing body.
B. This section does not prohibit the use of city or town resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.
B. C. Employees of a city or town shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.
D. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the city or town is located for the purpose of complying with this section.
E. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. City or town funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the city or town whose funds were misused.
C. F. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.
G. For the purposes of this section:
1. "government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3. "Misused funds" means city or town monies or resources used unlawfully as proscribed by this section.
Sec. 2. Section 11-410, Arizona Revised Statutes, is amended to read:
11-410. Use of county resources or employees to influence elections; prohibition; civil penalty; definitions
A. A county shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a county may distribute informational reports pamphlets on a proposed bond election as provided in section 35‑454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a county from reporting on official actions of the county board of supervisors.
B. This section does not prohibit the use of county resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.
B. C. Employees of a county shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.
D. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the alleged violation occurred for the purpose of complying with this section.
E. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the county budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. County funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the county whose funds were misused.
C. F. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.
G. For the purposes of this section:
1. "government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3. "Misused funds" means county monies or resources used unlawfully as proscribed by this section.
Sec. 3. Section 15-511, Arizona Revised Statutes, is amended to read:
15-511. Use of school district or charter school resources or employees to influence elections; prohibition; civil penalty; definitions
A. A person acting on behalf of a school district or a person who aids another person acting on behalf of a school district shall not spend or use school district or charter school resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value of the school district or charter school for the purpose of influencing the outcomes of elections. Notwithstanding this section, a school district may distribute informational reports on a proposed budget override election as provided in section 15‑481, subsections B and C or informational reports on a proposed bond election as provided in section 15‑491, subsection D if those informational reports present factual information in a neutral manner, except for those arguments presented as prescribed in section 15-481, subsection B, paragraph 9. Nothing in this section precludes a school district from reporting on official actions of the governing board.
B. This section does not prohibit the use of school district or charter school resources, including facilities and equipment, for government‑sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.
B. C. An employee of a school district or charter school who is acting as an agent of or working in an official capacity for the school district or charter school may not give pupils written materials to influence the outcome of an election or to advocate support for or opposition to pending or proposed legislation.
C. D. Employees of a school district or charter school may not use the authority of their positions to influence the vote or political activities of any subordinate employee.
D. E. Notwithstanding section 15‑342, paragraph 8, a school district shall not spend monies for membership in an association that attempts to influence the outcome of an election.
E. F. Nothing contained in this section shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.
F. G. The attorney general shall publish and distribute to school districts and charter schools a detailed guideline regarding activities prohibited under this section. The attorney general may distribute these guidelines through a website or electronically.
G. H. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section.
H. I. For each violation of this section, the court may impose a civil penalty not to exceed five hundred thousand dollars plus any amount of misused funds subtracted from the school district budget against a person who knowingly violates or a person who knowingly aids another person in violating this section. The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds. School district funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the school district or charter school whose funds were misused.
I. J. An attorney acting on behalf of a public school may request a legal opinion of the county attorney or attorney general as to whether a proposed use of school district resources would violate this section.
J. K. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.
K. L. For the purposes of this section, :
1. "government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3. "Misused funds" means school district monies or resources used unlawfully pursuant to subsection A of this section.
Sec. 4. Section 15-1408, Arizona Revised Statutes, is amended to read:
15-1408. Use of community college district resources or employees to influence elections; prohibition; civil penalty; definitions
A. A person acting on behalf of a community college district or a person who aids another person acting on behalf of a community college district shall not spend or use community college district resources, including the use or EXPENDITURE of monies, accounts, credit, facilities, VEHICLES, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value of the community college district for the purpose of influencing the outcomes of elections. Notwithstanding this section, a community college district may distribute informational pamphlets on a proposed bond election as provided in section 35‑454 if those informational reports present factual information in a neutral manner. Nothing in this section precludes a community college district from reporting on official actions of the governing board.
B. This section does not prohibit the use of community college resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a community college district facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.
B. C. Employees of a community college district may not use the authority of their positions to influence the vote or political activities of any subordinate employee.
C. D. This section does not prohibit community college districts from permitting student political organizations of political parties, including those that are recognized pursuant to sections 16‑801, 16‑802 and 16‑803, to conduct lawful meetings in community college buildings or on community college grounds, except as prescribed in subsection A of this section. Each student political organization that is allowed to conduct lawful meetings on community college property shall have equal access as any other student political organization that is allowed to conduct lawful meetings on community college property.
D. E. Nothing contained in this section shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.
E. F. By January 1, 2006, The attorney general shall publish and distribute to community colleges a detailed guideline regarding activities prohibited under this section. The attorney general may distribute these guidelines through a web site or electronically.
F. G. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than five hundred thousand dollars per violation, plus any amount of misused funds subtracted from the community college district budget against a person who violates or a person who aids another person in violating this section. The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds. Community college funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the community college district whose funds were misused.
G. H. An attorney acting on behalf of a community college district may request a legal opinion of the county attorney or attorney general as to whether a proposed use of community college resources would violate this section.
H. I. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.
I. J. For the purposes of this section, :
1. "government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3. "Misused funds" means community college district monies or resources used unlawfully pursuant to subsection A of this section.
Sec. 5. Section 15-1633, Arizona Revised Statutes, is amended to read:
15-1633. Use of university resources or employees to influence elections; prohibition; civil penalty; definitions
A. A person acting on behalf of a university or a person who aids another person acting on behalf of a university shall not spend or use university resources, including the use or EXPENDITURE of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages, personnel, equipment, materials, buildings or other resources any other thing of value of the university for the purpose of influencing the outcomes of elections or to advocate support for or opposition to pending or proposed legislation. Notwithstanding this section, a university may distribute informational pamphlets on a proposed bond election as provided in section 35‑454 if those INFORMATIONAL pamphlets present factual information in a neutral manner. This section does not preclude any of the following:
1. A university from reporting on official actions of the university or the Arizona board of regents.
2. A registered lobbyist from advocating on behalf of the university or the Arizona board of regents.
3. An employee of a university using personal time and resources from influencing the outcomes of elections or from advocating support for or opposition to pending or proposed legislation if the employee does not use university personnel, equipment, materials, buildings or other resources for these purposes.
4. Any university employee from providing classroom instruction on matters relating to politics, elections, laws, ballot measures, candidates for public office and pending or proposed legislation.
5. The use of university resources, including facilities and equipment, for government-sponsored forums or debates if the sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a university facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored Forum or debate.
B. Employees of a university may not use the authority of their positions to influence the vote or political activities of any subordinate employee.
C. This section does not prohibit universities from permitting student political organizations of political parties, including those that are recognized pursuant to sections 16‑801, 16‑802 and 16‑803, to conduct lawful meetings in university buildings or on university grounds, except as prescribed in subsection A of this section. Each student political organization that is allowed to conduct lawful meetings on university property shall have equal access as any other student political organization that is allowed to conduct lawful meetings on university property.
D. This section shall not be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.
E. Except as provided in subsection F of this section, universities under the jurisdiction of the Arizona board of regents may not:
1. Provide publicly funded programs, scholarships or courses if the purpose of the program, scholarship or course is to advocate for a specified public policy.
2. Allow publicly funded organizations, institutes or centers to operate on the campus of the university or on behalf of or in association with the university if the purpose of the organization, institute or center is to advocate for a specified public policy.
F. Subsection E of this section does not apply to:
1. A registered lobbyist who advocates on behalf of the university or the Arizona board of regents and other employees assisting such lobbyists in their official capacity.
2. Any university employee who expresses a personal opinion on a political or policy issue, regardless of whether that opinion is expressed inside or outside the classroom.
3. Print or electronic media produced by students who are enrolled at a university.
4. A recognized student government, club or organization of students who are enrolled at a university.
5. Any university employee who is appointed to a government board, commission or advisory panel who provides expert testimony or guidance on public policy.
6. The publication of reports or the hosting of seminars or guest speakers by the university that recommends public policy.
7. Researching, teaching and service activities of university employees that involve the study, discussion, intellectual exercise, debate or presentation of information that recommends public policy.
8. Any other type of advocacy that is allowed by law.
G. The attorney general shall publish and distribute to the Arizona board of regents a detailed guideline regarding activities prohibited under this section. The attorney general may distribute these guidelines through a website or electronically.
H. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than five hundred thousand dollars per violation, plus any amount of misused funds subtracted from the university budget against a person who violates or a person who aids another person in violating this section. The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds. University funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the university whose funds were misused.
I. An attorney acting on behalf of a university may request a legal opinion of the attorney general as to whether a proposed use of university resources would violate this section.
J. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.
K. For the purposes of this section, :
1. "government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3. "Misused funds" means university monies or resources used unlawfully pursuant to subsection A of this section.
Sec. 6. Repeal
Section 16-192, Arizona Revised Statutes, is repealed.
Sec. 7. Title 16, chapter 1.1, article 1, Arizona Revised Statutes, is amended by adding a new section 16-192, to read:
16-192. Use of state, special district resources to influence elections; prohibition; civil penalties; definition
A. Notwithstanding any other law, this state and special taxing districts and any public agency, department, board, commission, committee, council or authority shall not spend or use public resources to influence an election, including the use or expenditure of monies, accounts, credit, materials, equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages and personnel and any other thing of value of the public entity.
B. This section does not prohibit:
1. The use of public resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.
2. The presentation of factual information in a neutral manner for the purposes of educating and informing voters as otherwise provided by law, including information on a bond, budget, override, candidate or other type of election and including publications and activities otherwise prescribed by chapter 6, article 2 of this title for the citizens clean elections commission.
C. The attorney general, the county attorney for the county in which an alleged violation of this section occurs or any resident of the jurisdiction that is alleged to have committed a violation of this section may file an action in the superior court to enforce this section.
D. Any person or public entity that knowingly violates this section or that knowingly aids another person or public entity in violating this section is liable for a civil penalty of not more than five thousand DOLLARS for each violation. The court also may order the person or public entity in violation to pay an additional penalty in an amount that equals the value of the public resources unlawfully used. The civil penalties shall be paid as follows:
1. For civil penalties ordered in an action filed by the attorney general, to the office of the attorney general to defray the costs of ENFORCEMENT.
2. For civil penalties ordered in an action filed by the county attorney, to the office of the county treasurer for deposit into the general fund of the county.
3. For civil penalties ordered in an action filed by a resident of the jurisdiction in violation, to the resident.
E. This section does not deny the civil and POLITICAL liberties of any person as guaranteed by the United States and Arizona Constitutions.
F. With respect to special taxing districts, this section applies only to those special taxing districts that are organized pursuant to title 48, chapters 5, 6, 8, 10, 13, 14, 15 and 16.
G. For the purposes of this section:
1. "government-sponsored forum or debate" MEANS any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "influence an election" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
APPROVED BY THE GOVERNOR APRIL 11, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 11, 2013.
