HB 2017 — public officers; residency requirements

HOUSEHouse FLOOREngrossed AMENDMENTpublic EXPLANATIONofficers; Bill Number:

HB2017residency Dunnrequirements FloorState Amendmentof 1.Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2017 AN ACT AMENDING SECTION 38-201, ARIZONA REVISED STATUTES;

ClarifiesRELATING theTO definitionPUBLIC ofOFFICER PublicQUALIFICATIONS. Officer to include the incumbent of any office, member of any board or commission, or his deputy or assistant exercising the powers and duties of the officer, other than clerks or mere employees of the officer.

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.

2017 Be it enacted by the Legislature of the State of Arizona:

Section 1.

Section 38-201, Arizona Revised Statutes, is amended to read:

38-201.

General qualifications A.

Every officer shall be not less than AT LEAST eighteen years of age, a citizen of the United States and a resident of this state, EXCEPT THAT THE DEPUTY OR ASSISTANT OF AN ELECTED OFFICER, AS DEFINED IN SECTION 38-101, IS NOT REQUIRED TO BE A RESIDENT OF THIS STATE.

A DEPUTY OR ASSISTANT OF AN ELECTED OFFICER, PURSUANT TO THIS SECTION, RESIDING OUT OF ARIZONA MUST GAIN RESIDENCY WITHIN ARIZONA WITHIN ONE YEAR OF EMPLOYMENT, BUT MAY WORK FOR UP TO ONE YEAR WITHOUT TERMINATION.

B.

No A person is NOT eligible to any office, employment or service in any public institution in the THIS state, or in any of the several counties thereof, OF THIS STATE of any kind or character, whether by election, appointment or contract, unless he THE PERSON is a citizen of the United States, but the provisions of this subsection shall DOES not apply to the employment of any teacher, instructor or professor authorized to teach in the United States under the teacher exchange program as provided by federal statutes or the employment of university or college faculty members.

C.

A person who is unable to speak, write and read the English language is not eligible to hold a state, county, city, town or precinct office in the state, whether elective or appointive, and no A certificate of election or commission shall NOT issue to a person so disqualified.

D.

Except as provided in subsection E OF THIS SECTION, a person is not eligible for employment by or service for the THIS state or a political subdivision of the THIS state, including all boards and commissions of the THIS state or A political subdivision, OF THIS STATE AND all multimember governing bodies of departments, agencies, institutions and instrumentalities of the THIS state or political subdivisions OF THIS STATE unless the person has registered with the selective service system if required by the federal military selective service act (62 Stat.

604;

50 United States Code App.

section 453).

E.

A person may not be denied a right, privilege or benefit by reason of subsection D OF THIS SECTION if either of the following applies:

1.

The requirement for the person to so register has terminated or become inapplicable to the person.

StipulatesThe thatperson ashows deputyby ora assistantpreponderance of anthe electedevidence officerthat mustthe gainfailure residencyof insidethe Arizonaperson withinto oneregister yearwith ofthe employmentselective butservice maysystem workwas fornot upa toknowing oneand yearwillful withoutWILFUL termination.failure to register.

Amendment- explanation1 prepared- by FrankKomadina Phone Number 6-3040 2/21/2023