House of Representatives

HB 2378

school resources; influence of elections

Sponsors: Representative Gray

DPA/SE	Committee on Education
x	Caucus and COW
	As Passed the House

HB 2378 creates a $3,000 civil penalty for school districts or school district employees that violate the prohibition against using school district resources or employees to influence an election.

History

Current law prohibits school districts from using the district’s personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcome of elections. Furthermore, school district employees are prohibited from giving pupils written materials that are designed to influence the outcome of an election and from using the authority of their positions to influence the vote or political activities of subordinate employees. HB 2378 creates a civil penalty of $3,000 for persons who violate these prohibitions.

The procedure for appealing a violation order under HB 2378 is similar to the procedure in place for appealing election campaign finance reporting violations.

Provisions

· Creates a $3,000 civil penalty for each incident that a person violates the prohibition against school district resources or personnel being used to influence an election and for school district employees distributing written campaign material to pupils or using the employees position to influence the vote or political activities of subordinate employees.

· Provides that the Attorney General’s Office will be the enforcing agent for these prohibitions.

· Provides that a person accused of violating these prohibitions has 30 days from the date of the Attorney General’s order to request a hearing. Any party aggrieved by an order or decision by the Attorney General may appeal the decision to Superior Court.

The Education Committee adopted a same subject strike-everything amendment:

· The county attorney’s office may commence a suit in superior court against persons alleged of violating the prohibition against using school district resources and personnel to influence an election ('15-511, ARS).

· The court may impose a civil penalty not to exceed $500 against a person that has violated '15-511.

· Any civil penalty collected will be deposited in the county general fund.

· The attorney general may enforce '15-511 if the county attorney has a conflict.

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45th Legislature

First Regular Session 2 February 13, 2001

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