Bill Text: AZ SCR1013 | 2014 | Fifty-first Legislature 2nd Regular | Introduced


Bill Title: Superintendent of public instruction; appointment

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-02-06 - Referred to Senate GE Committee [SCR1013 Detail]

Download: Arizona-2014-SCR1013-Introduced.html

 

 

 

REFERENCE TITLE: superintendent of public instruction; appointment

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SCR 1013

 

Introduced by

Senators Bradley: Ableser, Dalessandro; Representative Mach

 

 

A CONCURRENT RESOLUTION

 

proposing amendments to the constitution of arizona; repealing article V, section 1, constitution of arizona, as amended by proposition 100, election of November 3, 1992; amending article V, section 1, constitution of arizona, as amended by proposition 107, election of November 3, 1992; amending article V, sections 6 and 9, constitution of arizona; amending article Xi, section 4, constitution of arizona; blending multiple enactments; relating to the superintendent of public instruction.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1.  Article V, section 1, Constitution of Arizona, as amended by Proposition 100, election of November 3, 1992, is proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:

Article V, section 1, Constitution of Arizona, as amended by Proposition 100, election of November 3, 1992, is repealed.

2.  Article V, section 1, Constitution of Arizona, as amended by Proposition 107, election of November 3, 1992, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE1.  Term limits on executive department and state officers; term lengths; election; residence and office at seat of government; duties

Section 1.  A.  The executive department shall consist of the governor, secretary of state, state treasurer and attorney general, and superintendent of public instruction, each of whom shall hold office for a term of four years beginning on the first Monday of January, 1971 next after the regular general election in 1970.  No member of the executive department shall hold that office for more than two consecutive terms.  This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993.  No member of the executive department after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until out of office for no less than one full term.

B.  The person having a majority the highest number of the votes cast for the office voted for shall be elected.  If no person receives a majority of the votes cast for the office, a second election shall be held as prescribed by law between the persons receiving the highest and second highest number of votes cast for the office.  The person receiving the highest number of votes at the second election for the office is elected, but if the two or more persons have an equal and the highest number of votes for the office, the two houses of the legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.

C.  The officers of the executive department during their terms of office shall reside at the seat of government where they shall keep their offices and the public records, books and papers.  They shall perform such duties as are prescribed by the constitution and as may be provided by law. END_STATUTE

3.  Article V, section 6, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE6.  Death, resignation, removal or disability of governor; succession to office; impeachment, absence from state or temporary disability

Section 6.  In the event of the death of the governor, or his resignation, removal from office, or permanent disability to discharge the duties of the office, the secretary of state, if holding by election, shall succeed to the office of governor until his successor shall be elected and shall qualify.  If the secretary of state be holding otherwise than by election, or shall fail to qualify as governor, the attorney general or the state treasurer, or the superintendent of public instruction, if holding by election, shall, in the order named, succeed to the office of governor. The taking of the oath of office as governor by any person specified in this section shall constitute resignation from the office by virtue of the holding of which he qualifies as governor.  Any successor to the office shall become governor in fact and entitled to all of the emoluments, powers and duties of governor upon taking the oath of office.

In the event of the impeachment of the governor, his absence from the state, or other temporary disability to discharge the duties of the office, the powers and duties of the office of governor shall devolve upon the same person as in case of vacancy, but only until the disability ceases. END_STATUTE

4.  Article V, section 9, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE9.  Powers and duties of state officers

Section 9.  The powers and duties of secretary of state, state treasurer and attorney-general, and superintendent of public instruction shall be as prescribed by law. END_STATUTE

5.  Article XI, section 4, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE4.  State superintendent of public instruction; board membership; powers and duties

Section 4.  The state superintendent of public instruction shall be a member, and secretary, of the state board of education, and, ex-officio, a member of any other board having control of public instruction in any state institution.  His The governor shall appoint the superintendent of public instruction with the advice and consent of the senate.  The superintendent of public instruction serves at the pleasure of the governor.  The powers and duties of the superintendent of public instruction shall be prescribed by law. END_STATUTE

6.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.

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