SB 1429 — board of directors; commerce authority.

19-102.

Initiative petition;

circulators A.

The form of petition for a law or amendment to the constitution of this state or county legislative measure, or city or town ordinance, or amendment to a city or town charter proposed by the initiative to be - 2 - S.B.

1429 submitted directly to the electors, shall be substantially in the form prescribed in section 19-101, except that the title and body of such petition shall read:

Initiative description (Insert a description of not more than two hundred words of the principal provisions of the proposed measure or constitutional amendment.) Notice:

This is only a description of the proposed measure (or constitutional amendment) prepared by the sponsor of the measure.

It may not include every provision contained in the measure.

Before signing, make sure the title and text of the measure are attached.

You have the right to read or examine the title and text before signing.

Initiative Measure to be Submitted Directly to Electors We, the undersigned, citizens and qualified electors of the state of Arizona, respectfully demand that the following proposed law (or amendment to the constitution, or other initiative measure), shall be submitted to the qualified electors of the state of Arizona (county, city or town of ____________) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says:

(terminate form same as a referendum petition.) B.

Each petition sheet shall have printed on the top of each sheet the following:

"It is unlawful to sign this petition before it has a serial number." C.

Each petition sheet shall have printed in capital letters in not less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet and below the statement prescribed in subsection B of this section the following:

"__________ paid circulator" " _________ volunteer" ___________ OUT-OF-STATE RESIDENT.

D.

A circulator of an initiative petition shall state whether the circulator is a paid circulator or, volunteer OR OUT-OF-STATE RESIDENT by checking the appropriate line ALL APPLICABLE LINES REGARDING THE STATUS OF THE CIRCULATOR on the petition form before circulating the petition for signatures.

E.

Signatures obtained on initiative petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition.

The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.

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1429 Sec.

3.

Section 19-102.01, Arizona Revised Statutes, is amended to read:

19-102.01.

Initiative petitions;

standard of review A.

Constitutional and statutory requirements for statewide initiative measures must be strictly construed and persons using the initiative process must strictly comply with those constitutional and statutory requirements.

The secretaryauthority ofis stategoverned shallby make available a sampleboard initiative petition that strictly complies with the requirements of sectiondirectors 19-121.consisting of:

Any committee that uses the sample initiative petition provided by the secretary of state shall be presumed to have strictly complied with the requirements of section 19-121.

Sec.

4.

Section 19-118, Arizona Revised Statutes, is amended to read:

19-118.

Registered circulators;

requirements;

violation;

classification;

definition A.

For statewide initiative and referendum measures only, INCLUDING MEASURES GOVERNED BY SECTIONS 19-141, 19-142 AND 19-143, all circulators who are not residents of this state and all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this title.

The committee that is circulating the petition shall collect and submit the completed registration applications to the secretary of state.

The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators, including circulator registration applications, and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section.

The secretary of state OR OTHER FILING OFFICER, AS APPLICABLE, shall disqualify all signatures collected by a circulator who fails to register pursuant to this subsection as provided for in section 19-121.01, subsection A.

B.

The circulator registration application required by subsection A of this section shall require the following:

The circulator'sgovernor, fullwho name,serves residenceas address,chairperson. telephone number and email address.

The initiativechief orexecutive referendumofficer. petition on which the circulator will gather signatures.

ASeventeen statementprivate thatsector thebusiness circulatorleaders consentswho toare thechief jurisdictionexecutive ofofficers the courts of thisprivate, statefor-profit inenterprises. resolving any disputes concerning the circulation of petitions by that circulator.

None of these members may be an elected official of any government entity.

These members must be appointed from geographically diverse areas of this state and not all from the same county.

These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January.

These members shall be appointed as follows:

(a) Nine members who are appointed by the governor.

(b) Four members who are appointed by the president of the senate.

(c) Four members who are appointed by the speaker of the house of representatives.

The addressfollowing ofas theex committeeofficio inmembers thiswithout state for which the circulatorpower is gathering signatures and at which the circulator will accept service of process related to disputesvote: concerning circulation of that circulator's petitions.

Service(a) ofThe processpresident is effected under this section by delivering a copy of the subpoenasenate toOR thatTHE personPRESIDENT'S individually,DESIGNEE. by - 4 - S.B.

1429(b) leavingThe aspeaker copy of the subpoenahouse with a person of suitablerepresentatives ageOR orTHE bySPEAKER'S mailingDESIGNEE. a copy of the subpoena to the committee by certified mail to the address provided.

5.(c) The president of the Arizona board of regents.

An(d) affidavitThe frompresident theof registeredeach circulatorstate thatuniversity isunder signed by the circulatorjurisdiction beforeof athe notaryArizona publicboard andof thatregents. includes the following declaration:

I,(e) (printOne name)president , under penalty of a classcommunity 1college misdemeanor,who acknowledge that I am eligible to register as a circulator in the state of Arizona, that all of the information provided is correctappointed toby the best of my knowledge and that I have read and understand Arizona election laws applicable to the collection of signatures for a statewide ANorganization initiativeof orcommunity referendum.college presidents.

C.(f) The chairperson of the governor's council on small business, or its successor.

Within(g) fiveThe businesschairperson days after submission and review of a complete and correct circulator registration application that complies with this section, the secretaryworkforce ofArizona statecouncil shallestablished registerby andexecutive assignorder apursuant circulator registration number to thesection circulator.41-5401.

(h) One member of the rural business development advisory council established by section 41-1505 who is appointed by the governor.

(i) The president of a statewide organization of incorporated cities and towns who is appointed by the governor.

(j) The president of a statewide organization of county boards of supervisors who is appointed by the governor.

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1429 C.

For members who are appointed by the governor pursuant to subsection B of this section, before appointment by the governor, a prospective member of the board of directors shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

AThe personfollowing mayshall notserve register as atechnical circulatoradvisors pursuantto the board to thisenhance sectioncollaboration ifamong thestate person:agencies to meet infrastructure needs and facilitate growth opportunities throughout this state:

HasThe haddirector a civil or criminal penalty imposed for a violation of titleenvironmental 16quality. or this title within the immediately preceding five years.

HasThe beenstate convictedland ofcommissioner. treason or a felony and has not been restored to civil rights as described in section 16-101, subsection A, paragraph 5.

HasThe beendirector convicted of anythe criminaldepartment offenseof involvingrevenue. fraud, forgery or identity theft.

4.

The director of the office of tourism.

5.

The director of the department of transportation.

6.

The director of water resources.

7.

The director of the department of insurance and financial institutions.

8.

The director of the Arizona-Mexico commission in the governor's office.

9.

The director of the office of economic opportunity.

10.

An attorney who is appointed jointly by the president of the senate and the speaker of the house of representatives and who has experience litigating constitutional cases involving article IX, section 7 of the Arizona Constitution.

IfThe agovernor registeredshall circulatorappoint is properly served with a subpoenacochairperson toof providethe evidenceboard in an action regarding circulation of petitionsdirectors andfrom failsamong to appear or produce documents as provided for in the subpoena,voting allmembers. signatures collected by that circulator are deemed invalid.

The partyboard serving the subpoena may requestestablish an orderexecutive fromcommittee theconsisting courtof directing the secretarychairperson, ofthe statecochairperson, tothe removechief anyexecutive signaturesofficer collectedand byadditional thevoting circulatormembers asof providedthe forboard inelected sectionby 19-121.01,the subsectionboard. A.

The chairperson may appoint subcommittees as necessary.

AnyThe personboard may challengerequest theassistance lawfulfrom registrationrepresentatives of circulatorsother instate theagencies superiorto courtmaximize ofeconomic thedevelopment countyopportunities inby whichleveraging thetheir circulatoraccess isto registered.strategic assets and planning processes.

A challenge may not be commenced more than ten business days after the date that the secretary of state's office has received, processed and made available all final petition sheets individually numbered.

The person challenging signatures may amend that complaint after the secretary of state has removed signatures and signature sheets as prescribed in section 19-121.01.

An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible.

Either party may appeal to the supreme court within five calendar days after entry of judgment.

The prevailing party in an action to challenge the registration - 5 - S.B.

1429 of a circulator under this section is entitled to reasonable attorney fees.

TheBoard removalmembers orserve disqualificationwithout ofcompensation anybut oneare oreligible morefor circulatorsreimbursement does not invalidate the random sample of signaturesexpenses made pursuant to section 19-121.01,41-1504, andsubsection theE, secretaryparagraph of1. state shall not be required to conduct any additional random sampling of signatures.

A personmajority whoof knowinglythe omitsvoting ormembers, misrepresentswhich informationmust orinclude providesthe falsechairperson informationand onthe achief circulatorexecutive registrationofficer, applicationconstitute ora whoquorum registersfor inthe violationpurpose of thisan sectionofficial ismeeting guiltyfor ofconducting abusiness. class 1 misdemeanor.

An affirmative vote of a majority of the members present at an official meeting is sufficient for any action to be taken.

ForThe theboard purposesshall keep and maintain a complete and accurate record of thisall title,of "paidits circulator":proceedings.

Public access to the board's records is subject to section 41-1504, subsection M.

The public portion of board meetings shall be recorded.

These recordings shall be posted on the - 2 - S.B.

1429 authority's website within three business days after the meeting and shall remain on the website pursuant to section 38-431.01, subsection K.

J.

The board of directors, executive committee, subcommittees and advisory councils are subject to title 38, chapter 3, article 3.1, relating to public meetings, except as follows:

MeansIn aaddition naturalto personsection who38-431.03, receivesthe monetaryboard, orexecutive othercommittee compensationand subcommittees may meet in executive session for obtainingdiscussion signaturesabout onpotential abusiness statewidedevelopment ANopportunities initiativeand orstrategies referendumthat, petitionif ormade forpublic, circulatingcould statewidepotentially initiativeharm the applicant's, the potential applicant's or referendumthis petitionsstate's forcompetitive signatures.position.

DoesSocial notand includetravel aevents paidrelated employee of any political committee organized pursuant to titlethe 16,expansion, chapterattraction 6,and unlessretention thatof employeebusinesses hasare ornot willpublic obtainmeetings twoif hundredno orlegal moreaction signaturesinvolving ona anfinal initiative,vote referendum or recalldecision petitionis intaken. an election cycle.

Sec.3.

5.Activities and events held in public for the purpose of announcing the expansion, attraction and retention of projects are not public meetings.

SectionK. 19-118.01, Arizona Revised Statutes, is amended to read:

19-118.01.The board and the officers and employees of the authority are subject to title 38, chapter 3, article 8, relating to conflicts of interest.

SignatureL. collection;

prohibitedThe payments;board of directors shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the authority.

violation;M.

classificationThe A.compensation of all officers and employees is considered a public record pursuant to title 39, chapter 1.

AN. person shall not pay or receive money or any other thing of value based on the number of signatures collected on a statewide AN initiative or referendum petition.

SignaturesThe thatauthority are obtained by a paid circulator who violates this section are void and shall notoperate beon counted in determining the legalstate sufficiencyfiscal ofyear. the petition.

B.The board shall cause an annual audit to be conducted on or before October 31 of each of the authority's public funds established by this chapter by an independent certified public accountant.

AThe violationboard ofshall thisimmediately sectionfile is a classcertified 1copy misdemeanor.of the audit with the auditor general.

Sec.The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title.

6.If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.

SectionO. 19-141, Arizona Revised Statutes, is amended to read:

19-141.All state agencies shall cooperate with the authority and make available data pertaining to the functions of the authority as requested by the authority.

InitiativeP. and referendum in counties, cities and towns A.

ThisThe chapterauthority appliesmay tonot thehave legislationmore ofthan cities,one townshundred andfull-time counties,employees, exceptexcluding asany specificallyfull-time providedemployees tothat theare contraryfunded inwith thismonies article.other than state monies.

The- duties3 required- of the secretary of state as to state legislation shall be performed in connection with such legislation by the city or town clerk, county officer in charge of elections or person performing the duties as such OF THAT OFFICE.

The duties required of the governor shall be performed by the mayor or the chairman of the board of supervisors, the duties required of the attorney general shall be performed by the city, town or county attorney, and the printing and binding of measures and arguments shall be paid for by the city, town or county in like manner as payment is provided for by the state with respect to state legislation.

The provisions of section 19-124 with respect to the legislative council analysis do not apply in connection with - 6 - S.B.

1429 initiatives and referenda in cities, towns and counties.

The printing shall be done in the same manner as other municipal or county printing is done.

B.

Distribution of pamphlets shall be made to every household containing a registered voter in the city, town or county by the city or town clerk or by the county officer in charge of elections by mail before the earliest date for receipt by registered voters of any requested early ballot for the election at which the measures are to be voted on.

If the pamphlet is not mailed before the earliest date for receipt of a requested early ballot, the officer in charge of elections shall provide a notice with the early ballots stating when the pamphlets will be mailed and where and when the pamphlets may be accessed or viewed.

Any contract for pamphlet publication or mailing, or both, shall provide for the contractor to pay a penalty for each day of mailing that occurs on or after the earliest date for receipt of requested early ballots.

The penalty shall be one cent $.01 for each household with a registered voter for each day of late mailing, and the monies shall be paid to the office of the officer in charge of elections.

Pamphlets shall not be mailed or carried less than ten days before the election at which the measures are to be voted upon ON.

C.

Arguments supporting or opposing municipal or county initiative and referendum measures shall be filed with the city or town clerk or the county officer in charge of elections not less than ninety days before the election at which they are to be voted upon ON.

D.

The procedure with respect to municipal and county legislation shall be as nearly as practicable the same as the procedure relating to initiative and referendum provided for the state at large, except the procedure for verifying signatures on initiative or referendum petitions may be established by a city or town by charter or ordinance.

ANY MUNICIPAL OR COUNTY INITIATIVE OR REFERENDUM MEASURE THAT PROPOSES A MANDATORY EXPENDITURE, ESTABLISHES A FUND FOR ANY SPECIFIC PURPOSE OR ALLOCATES FUNDING FOR ANY SPECIFIC PURPOSE MUST PROVIDE A DISCLOSURE OF THE EXPENDITURE, FUND OR ALLOCATION AND THE SOURCE OF INCREASED REVENUES SUFFICIENT TO COVER THE ENTIRE IMMEDIATE AND FUTURE COSTS OF THE PROPOSAL.

THIS DISCLOSURE SHALL BE PROVIDED IN THE INITIATIVE OR REFERENDUM DESCRIPTION PRESCRIBED BY SECTION 19-101 OR 19-102.

E.

References in this section to duties to be performed by city or town officers apply only with respect to municipal legislation, and references to duties to be performed by county officers apply only with respect to county legislation.

F.

The duties required of the county recorder with respect to state legislation shall also be performed by the county recorder with respect to municipal or county legislation.

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