Bill Amendment: AZ HB2026 | 2019 | Fifty-fourth Legislature 1st Regular
Bill Title: Public resources; influencing elections; penalties
Status: 2019-04-02 - Senate APPROP Committee action: do pass amended/strike-everything, voting: (8-1-0-0) [HB2026 Detail]
Download: Arizona-2019-HB2026-SENATE_-_Judiciary.html
Fifty-fourth Legislature Judiciary
First Regular Session H.B. 2026
PROPOSED
SENATE AMENDMENTS TO H.B. 2026
(Reference to House engrossed bill)
Page 1, line 26, strike "rental and" insert "paid or unpaid"
Line 28, strike "permitted" insert "allowed"
Line 33, strike ", or" insert "or"
Line 34, after "occurred" strike remainder of line
Strike line 35
Between lines 37 and 38, insert:
"F. A resident of the jurisdiction that is alleged to have committed a violation of this section may initiate a suit in the superior court in the county in which the city or town is located if all of the following conditions are met:
1. The resident has filed a written complaint with the attorney general or the county attorney of the county in which the alleged violation of this section occurred.
2. The attorney general or county attorney has not commenced an investigation of the resident's complaint or another complaint containing the same alleged violation within one hundred twenty days after receiving the written complaint or has issued a finding that the city or town did not violate this section in response to the resident's complaint or another complaint containing the same alleged violation.
3. The court has not previously ruled on a matter involving the alleged violation by the jurisdiction.
G. Notwithstanding section 12-348, if the court finds the city or town has not violated this section in a suit brought pursuant to subsection F of this section the court shall order the resident to reimburse the city or town for reasonable fees and costs incurred by the city or town to defend the action."
Reletter to conform
Page 3, line 12, strike "rental and" insert "paid or unpaid"
Line 14, strike "permitted" insert "allowed"
Line 19, strike ", or" insert "or"
Line 20, after "occurred" strike remainder of line
Strike line 21
Between lines 23 and 24, insert:
"F. A resident of the jurisdiction that is alleged to have committed a violation of this section may initiate a suit in the superior court in that county if all of the following conditions are met:
1. The resident has filed a written complaint with the attorney general or the county attorney of the county in which the alleged violation of this section occurred.
2. The attorney general or county attorney has not commenced an investigation of the resident's complaint or another complaint containing the same alleged violation within one hundred twenty days after receiving the written complaint or has issued a finding that the county did not violate this section in response to the resident's complaint or another complaint containing the same alleged violation.
3. The court has not previously ruled on a matter involving the alleged violation by the jurisdiction.
G. Notwithstanding section 12-348, if the court finds the county has not violated this section in a suit brought pursuant to subsection F of this section the court shall order the resident to reimburse the county for reasonable fees and costs incurred by the county to defend the action."
Reletter to conform
Page 5, line 5, strike "rental and" insert "paid or unpaid"
Line 7, strike "permitted" insert "allowed"
Line 26, strike ", or" insert "or"
Line 27, after "occurred" strike remainder of line
Page 5, strike line 28
Between lines 31 and 32, insert:
"J. A resident of the jurisdiction in which an alleged violation of this section occurred may initiate a suit in the superior court in that county if all of the following conditions are met:
1. The resident has filed a written complaint with the attorney general or the county attorney of the county in which the alleged violation of this section occurred.
2. The attorney general or county attorney has not commenced an investigation of the resident's complaint or another complaint containing the same alleged violation within one hundred twenty days after receiving the written complaint or has issued a finding that the school district or charter school did not violate this section in response to the resident's complaint or another complaint containing the same alleged violation that the school district or charter school did not violate this section.
3. The court has not previously ruled on a matter involving the alleged violation by the jurisdiction.
K. Notwithstanding section 12-348, if the court finds the school district or charter school has not violated this section in a suit brought pursuant to subsection J of this section the court shall order the resident to reimburse the school district or charter school for reasonable fees and costs incurred by the school district or charter school to defend the action."
Reletter to conform
Amend title to conform
