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       Senate Engrossed
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  State of Arizona
  Senate
  Forty-sixth
  Legislature
  First Regular Session
  2003
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      CHAPTER 101
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    SENATE BILL 1257
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AN ACT

AMENDING SECTION 38-231, ARIZONA REVISED STATUTES; RELATING TO THE LOYALTY OATH.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 38-231, Arizona Revised Statutes, is amended to read:

38-231. Officers and employees required to take loyalty oath; form; classification; definition

A. In order to insure ENSURE the statewide application of this section on a uniform basis, each board, commission, agency, and independent office of the THIS state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district, and public educational institution, shall immediately upon the effective date of this act completely reproduce THIS section 38-231 as set forth herein, to the end SO that the form of written oath or affirmation required herein shall contain IN THIS SECTION CONTAINS all of the provisions of said THIS section for use by all officers and employees of all boards, commissions, agencies and independent offices.

C. Any officer or employee elected, appointed, or employed prior to the effective date of this act shall not later than ninety days after the effective date of this act take and subscribe the form of oath or affirmation set forth in this section.

D. B. Any officer or employee within the meaning of this section who fails to take and subscribe TO the oath or affirmation provided by this section within the time limits prescribed by this section shall IS not be entitled to any compensation unless and until such THE officer or employee does so take and subscribe to the form of oath or affirmation set forth in PRESCRIBED BY this section.

E. C. Any officer or employee as defined in this section having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing TO the oath or affirmation, or at any time thereafter during his THE OFFICER'S OR EMPLOYEE'S term of office or employment, does commit or aid in the commission of any act to overthrow by force, or violence OR TERRORISM AS DEFINED IN SECTION 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, or violence OR TERRORISM AS DEFINED IN SECTION 13-2301 of the government of this state or of any of its political subdivisions, or during such term of office or employment knowingly becomes or remains a member of the communist party of the United States or its successors or any of its subordinate organizations or any other organization having for one of its purposes the overthrow by force or violence of the government of the state of Arizona or any of its political subdivisions, and said officer or employee as defined in this section prior to becoming or remaining a member of such organization or organizations had knowledge of said unlawful purpose of said organization or organizations, shall be IS guilty of a class 4 felony and, upon ON conviction under this section, the officer or employee shall be IS deemed discharged from said THE office or employment and shall IS not be entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to said THE office or employment.

F. D. Any of the persons referred to in article XVIII, section 10, of the Arizona Constitution OF ARIZONA, as amended, related RELATING to the employment of aliens, shall be ARE exempted from any compliance with the provisions of this section.

G. E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of his THE office or employment, he THE OFFICER OR EMPLOYEE shall take and subscribe the following oath or affirmation:

State of Arizona, County of ______________ I, _____________________

(type or print name)

do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, ; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).

______________________________________

(signature of officer or employee)

B. F. For the purposes of this section, the term "officer or employee" means any person elected, appointed, or employed, either on a part-time or full-time basis, by the THIS state, or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution, or any board, commission or agency of any of the foregoing COUNTY, CITY, TOWN, MUNICIPAL CORPORATION, SCHOOL DISTRICT OR PUBLIC EDUCATIONAL INSTITUTION.

APPROVED BY THE GOVERNOR APRIL 25, 2003.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2003.