HB 2139 — candidate signs; prohibition; primary

HB2139 - 541R - S-AppropriationsH -Ver Strike  Everything-Adopted    Fifty-fourthHouse Legislature                                          Engrossed Appropriations        State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session                                                  Session H.B.      HOUSE BILL 2139       AN ACT   amending section 16-1019, Arizona Revised Statutes;

 relating COMMITTEEto ONpolitical APPROPRIATIONSsigns. SENATE AMENDMENTS TO H.B.

2139  (Reference  to(TEXT HouseOF engrossedBILL bill)BEGINS ON NEXT PAGE)   StrikeBe everythingit afterenacted by the enactingLegislature clauseof andthe insert:State of Arizona:

"Section 1.  TitleSection 1.  Section 15,16-1019, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 15-446, to read:

START_STATUTE15-446.  SchoolSTART_STATUTE16-1019.  Political districts;signs;

unificationprinted requiredmaterials; Notwithstanding any other law, each school district in this state shall be a unified school district on or before July 1, 2024.END_STATUTE Sec. 2.  Title 15, chapter 9, article 1, Arizona Revised Statutes, is amended by adding section 15-908.01, to read:

START_STATUTE15-908.01.  Savingstampering; from consolidation or unification;

useviolation; of monies A.  Each school district governing board shall annually determine the cost savings that result from any consolidation with other school districts.

B.  Eachclassification schoolA.  It districtis governinga boardclass shall2 annuallymisdemeanor determinefor theany costperson savingsto thatknowingly resultremove, fromalter, deface or cover any unificationpolitical withsign of any candidate for public office or knowingly remove, alter or deface any political mailers, handouts, flyers or other schoolprinted districts.materials of a candidate that are delivered by hand to a residence for the period commencing forty‑five seventy-five days before a  the date of the primary election and ending seven days after the date of the general election.

C.  TheB.  This resultingsection costdoes savingsnot determinedapply pursuant to subsectionthe Aremoval, alteration, defacing or Bcovering of thisa sectionpolitical shallsign beor retainedother printed materials by the schoolcandidate districtor andthe usedauthorized foragent classroomof expendituresthe ascandidate determinedin support of whose election the sign or materials were placed, by the schoolowner districtor governingauthorized board,agent of the owner of private property on which such signs or printed materials are placed with ator leastwithout twenty‑fivepermission percentof the owner or placed in violation of thesestate monieslaw toor becounty, usedcity foror teachertown salaries.ordinance or regulation.

END_STATUTEC.  Notwithstanding Sec. 3.  Delayedany repealother Sectionstatute, 15-949,ordinance Arizonaor Revisedregulation, Statutes,a iscity, repealedtown fromor andcounty afterof Junethis 30,state 2027.shall not remove, alter, deface or cover any political sign if the following conditions are met:

Sec. 4.  Unification1.  The andsign consolidationis ofplaced schoolin districts;a public right-of-way that is owned or controlled by that jurisdiction.

feasibility2.  The studysign Onsupports or beforeopposes September 15, 2019, each county school superintendent shall commence a feasibilitycandidate studyfor onpublic theoffice unification, consolidation or unificationit andsupports consolidation of the school districts within that county.  The county school superintendent may contract with another person or entityopposes to conduct the feasibility study.  The feasibility study shall be completed on or before September 15, 2020.  On or before September 30, 2020, each county school superintendent shall provide a copyballot ofmeasure. its feasibility study to the governing board of each school district within that county.  The county school superintendent is responsible for ensuring that the feasibility study includes all of the following components:

1.  Relevant3.  The academicsign andis scientificnot researchplaced regardingin schoola size,location schoolthat districtis size,hazardous fiscalto implicationspublic andsafety, legalobstructs issuesclear thatvision mayin includethe area or interferes with the following:requirements of the Americans with disabilities act (42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611).

(a)  Use4.  The bysign anyhas a maximum area of sixteen square feet, if the affectedsign districtsis oflocated sectionin 15-910an area zoned for residential use, or 15‑910.01,a Arizonamaximum Revisedarea Statutes.of thirty-two square feet if the sign is located in any other area.

(b)  Application5.  The ofsign overridescontains authorizedthe undername titleand 15,telephone chapternumber 4,or articlewebsite 4,address Arizonaof Revisedthe Statutes.candidate or campaign committee contact person.

(c)  EstimatedD.  If potentialthe savingscity, town or county deems that the placement of a political sign constitutes an emergency, the jurisdiction may immediately relocate the sign.  The jurisdiction shall notify the candidate or campaign committee that placed the sign within twenty-four hours after the relocation.  If a sign is placed in violation of subsection C of this section and efficienciesthe placement is not deemed to beconstitute achieved.an emergency, the city, town or county may notify the candidate or campaign committee that placed the sign of the violation.  If the sign remains in violation at least twenty-four hours after the jurisdiction notified the candidate or campaign committee, the jurisdiction may remove the sign.  The jurisdiction shall contact the candidate or campaign committee contact and shall retain the sign for at least ten business days to allow the candidate or campaign committee to retrieve the sign without penalty.

(d)  ApplicationE.  A city, town or county employee acting within the scope of teacherthe experienceemployee's indexesemployment andis existingnot salaryliable schedulesfor an injury caused by the failure to remove a sign pursuant to subsection D of affectedthis districts.section unless the employee intended to cause injury or was grossly negligent.

(e)  AF.  Subsection proposedC salaryof schedulethis forsection does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities.  The total area of those zones shall not be larger than three square miles, and each zone shall be identified as a specific contiguous area where, by resolution of the affectedmunicipal districtsgoverning body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the averagezone medianthe placement of existingpolitical teachersigns salaries.within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists.  Not more than two zones may be identified within a municipality.

(f)  PotentialG.  A impactcity, town or county may prohibit the installation of a sign on facilitiesany needs.structure owned by the jurisdiction.

(g)  CurriculumH.  Subsection alignment.C of this section applies only during the period commencing sixty seventy-five days before a  the date of the primary election and ending fifteen days after the date of the general election, except that for a sign for a candidate in a primary election who does not advance to the general election, the period ends fifteen days after the date of the primary election.

(h)  EvaluationsI.  This ofsection materialsdoes andnot textbooks.apply to state highways or routes, or overpasses over those state highways or routes.

(i)  ExaminationEND_STATUTE of special education programs.

(j)  Examination of English language learner programs.

(k)  Examination of school year and attendance policies.

(l)  Examination of personnel compensation systems.

2.  Consideration of geographic boundaries, communities of interest and travel time of pupils.  The county school superintendent may recommend enlarging or diminishing the size of affected school districts if all of the following requirements are met:

(a)  Any school districts that are combined must have contiguous boundaries or must be adjacent to each other, or both.

(b)  A county with three members on the county board of supervisors may not have more than three school districts.

(c)  A county with five members on the county board of supervisors and with a population of less than two million persons may not have more than seven school districts.

(d)  A county with five members on the county board of supervisors and with a population of two million persons or more may not have more than twenty school districts.

3.  The inclusion of unorganized territory where at least one percent of the population attends a public school within the boundaries of a unified school district.

4.  The provision of regional or statewide services for administration, instructional and noninstructional support services to rural or isolated schools and school districts or any other school district that wishes to participate in the service plans.

5.  Ensuring a smooth and efficient transition from the current number of school districts in the county to the proposed number of school districts, including an examination of the following:

(a)  Mechanisms to allow the elected members of existing school district governing boards to serve out the remainder of their terms.

(b)  Assimilation by the proposed unified school districts of the legal liabilities and other financial and contractual obligations of the school districts being combined into a unified school district.

6.  Preserving local control while maximizing an efficient and cost‑effective delivery of educational services.

7.  Specific mechanisms for paying legal liabilities, contractual obligations, capital debt and overrides previously accumulated by school districts before consolidation or unification, which remain the responsibility of the previously existing school districts.  Existing employment contracts remain in effect until the expiration of those contracts.

8.  Specific mechanisms for acquiring legal liabilities, contractual obligations, capital debt and overrides by school districts after consolidation or unification.

9.  Identifying costs attributable to consolidation or unification.