PROPOSED
HOUSE OF REPRESENTATIVES
AMENDMENTS TO S.B. 1172
(Reference to Senate
engrossed bill)
"Section 1. 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, web pages, personnel, equipment, materials,
buildings or any other thing of value of the school district or charter school, 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 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.
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.
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.
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.
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.
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.
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.
I. 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 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.
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.
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.
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 this section."
Renumber to conform
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