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HB2378 - 572R - H Ver
House Engrossed
school facilities
oversight board; members
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2378
AN
ACT
amending section 41-5701.02,
Arizona Revised Statutes; relating to school facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 41-5701.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-5701.02.
School facilities oversight board; members; conflict of interest;
violation; classification; change orders; notification
A. The school facilities oversight board is
established within the division consisting of the following members who are
appointed by the governor pursuant to section 38-211 in such a manner as
to provide for approximate geographic balance and approximate balance between
public and private members:
1. One member who represents a statewide
organization of taxpayers.
2. One member who is a registered professional
architect
and whose business does not include school
construction
.
3. One member with knowledge and experience in
school facilities management in a public school system.
4. One member who is a registered professional
engineer
and whose business does not include school construction
.
5. Two members who are owners or officers of a
private construction company, who have knowledge of and experience in
constructing large commercial or government buildings and whose businesses do
not include school construction.
6. One person who represents the business community.
B. In addition to the members appointed pursuant to
subsection A of this section:
1. The superintendent of public instruction or the
superintendent's designee shall serve as an advisory nonvoting member of the
school facilities oversight board.
2. The director of the department of administration
or the director's designee shall serve as an advisory nonvoting member of the
school facilities oversight board.
C. Members of the school facilities oversight board
serve four-year terms. The school facilities oversight board
shall meet as often as the members deem necessary. A majority of the
members constitutes a quorum for the transaction of business.
D. The unexcused absence of a member for more than
three consecutive meetings is justification for removal by a majority vote of
the board. If the member is removed, notice shall be given of the
removal pursuant to section 38-292.
E. The governor shall fill a vacancy by appointment
of a qualified person as provided in subsection A of this section.
F. Members of the board who are employed by
government entities are not eligible to receive
compensation. Members of the board who are not employed by
government entities are entitled to payment of $150 for each meeting attended,
prorated for partial days spent for each meeting, up to $2,500 each
year. All members are eligible for reimbursement of expenses
pursuant to title 38, chapter 4, article 2. These expenses and the
payment of compensation are payable to a member from monies appropriated to the
board from the new school facilities fund.
G. Members and employees of the school facilities
oversight board are subject to title 38, chapter 3, article 8.
H. In addition to the requirements prescribed in
subsection G of this section, employees of the school facilities oversight
board may not have a direct or indirect financial interest in any property
purchased, facility constructed or contract financed with monies made available
by the board or any other public monies. A person who knowingly
violates this subsection is guilty of a class 1 misdemeanor.
I. The division shall establish policies and
procedures relating to building renewal grant change orders that include the
following:
1. The division shall approve or reject a change
order within two business days.
2. If a school district approves work referenced in
a change order before the division approves the change order, the school
district is responsible for the cost and construction of the project.
J. The division shall establish policies and
procedures to ensure that it notifies school districts in a uniform manner and
at least annually of the services and funding that are available from the board
and the division for facility construction, renovation and repair projects.�
The division shall update and post this information on its website on or before
July 1 of each year.
K. The division shall establish and maintain a list
of the persons who are responsible for facilities management at each school
district in this state.� A school district shall promptly notify the division
of any change to persons who are responsible for facilities management at that
school district.� The division shall update and post this information on its
website on or before July 1 of each year.
L. Members of the school facilities oversight board
may not solicit, accept or provide gifts that are prohibited by state law.
END_STATUTE
Sec. 2.
Retention of members
Notwithstanding section 41-5701.02,
Arizona Revised Statutes, as amended by this act, all persons serving as
members of the school facilities oversight board on the effective date of this
act may continue to serve until the expiration of their normal
terms. All subsequent appointments shall be as prescribed by
statute.