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:

Attorney's Note

Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 6 monthsup to $2,500
For details, see § 13-707

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Terms Used In Arizona Laws 41-5701.02

  • Board: means the school facilities oversight board. See Arizona Laws 41-5701
  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the division of school facilities within the department of administration. See Arizona Laws 41-5701
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Quorum: The number of legislators that must be present to do business.

1. One member who represents a statewide organization of taxpayers.

2. One member who is a registered professional architect.

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.

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.