Bill Text: AZ HB2284 | 2017 | Fifty-third Legislature 1st Regular | Engrossed


Bill Title: Mall commission; Assyrian monument

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2017-05-10 - House final reading FAILED, voting: (24-31-5-0) [HB2284 Detail]

Download: Arizona-2017-HB2284-Engrossed.html

 

 

 

Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HOUSE BILL 2284

 

 

 

AN ACT

 

Amending sections 34-225, 41-1361 and 41-1362, Arizona Revised Statutes; relating to the governmental mall.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 34-225, Arizona Revised Statutes, is amended to read:

START_STATUTE34-225.  Governmental mall; public development; construction contracts; limitations

A political subdivision of the this state may not authorize pursuant to its planning and zoning or other powers the private or public development of structures or sites or award a construction contract for new buildings or improvements within the governmental mall comprised composed of the area described in section 41‑1362 without a request for permission from, and written approval review by the legislative governmental mall commission. END_STATUTE

Sec. 2.  Section 41-1361, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1361.  Legislative governmental mall commission; members; terms; compensation; definition

A.   The legislative governmental mall commission is established consisting of the following members:

1.  Three members of the senate who are appointed by the president of the senate as advisory members, not more than two of whom are members of the same political party.  The president of the senate shall designate one of these members to serve as chairperson from the first day of the first regular session to the first day of the second regular session of each legislature.

2.  Three members of the house of representatives who are appointed by the speaker of the house of representatives as advisory members, not more than two of whom are members of the same political party.  The speaker of the house of representatives shall designate one of these members to serve as chairperson from the first day of the second regular session to the first day of the next first regular session of each legislature.

1.  3.  Two members appointed by the governor, one of whom shall have experience in land planning or architecture.

2.  The president of the senate or the president's designee as an advisory member.

3.  The speaker of the house of representatives or the speaker's designee as an advisory member.

4.  One member of the public appointed by the president of the senate.

5.  One member of the public appointed by the speaker of the house of representatives.

6.  The director of the department of administration or the director's designee.

7.  The chairman of the historical advisory commission established by section 41‑151.20 or the chairman's designee.

8.  Two members appointed by the chairman of the Maricopa county board of supervisors.  One of these members shall have experience in county planning.

9.  Two members appointed by the mayor of the city of Phoenix.  One of these members shall have experience in urban planning.

B.  The term of office of the public members is three years.

C.  Members of the commission are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D.  A member of the commission who is more than one hundred years of age may vote by proxy as determined by the person who appointed the member, or by any other method that is agreeable to both the member and the person who appointed the member.  If a member of the commission is more than one hundred years of age, five other members of the commission constitute a quorum.

E.  The commission established by this section ends on July 1, 2025 pursuant to section 41‑3103.

D.  Five members of the commission shall constitute a quorum, except that if the chairperson appoints a subcommittee of the commission a majority of the members of the subcommittee shall constitute a quorum.

F.  E.  For the purposes of this section, "advisory member" means a member who gives advice to the other members of the legislative governmental mall commission at meetings of the commission but who is not eligible to vote, is not a member for purposes of determining whether a quorum is present and is not eligible to receive any compensation or reimbursement of expenses by the commission. END_STATUTE

Sec. 3.  Section 41-1362, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1362.  Powers; governmental mall description; duty of city of Phoenix

A.  The commission may:

1.  Accept gifts or grants of monies or other property from any person, including the United States or any agencies, departments or officers of the state.

2.  Appoint and employ officers and employees as it deems necessary.

3.  Prescribe rules as necessary to carry out the provisions of this article.

B.  The commission shall:

1.  Elect a chairman from among its members.

2.  1.  Direct the department of administration to develop and maintain and amend as necessary a comprehensive long‑range general plan for the development of the governmental mall comprised composed of the area described in subsection B of this section.

3.  2.  Encourage public agencies as defined in section 11‑951 to enter into intergovernmental agreements or contracts pursuant to title 11, chapter 7, article 3 as necessary to implement the general plan for the development of the governmental mall.

4.  3.  Review and approve or disapprove in writing make recommendations to this state or the city or county, as appropriate, regarding requests for permission to develop structures or sites or award construction contracts for new buildings or improvements within the governmental mall on public property.  The commission shall review requests submitted by the this state or a political subdivision of this state in which the this state or political subdivision has a contractual interest to ensure consistency with the approved general plan.

5.  4.  Review all planning activities within governmental mall boundaries.

6.  5.  Publish an annual report on the issues brought before the commission and its recommendations on or before december 1.

C.  B.  The governmental mall is comprised composed of the area with a western boundary of nineteenth avenue, a northern boundary of all lots abutting Van Buren street, an eastern boundary of seventh avenue and a southern boundary of the Harrison street alignment.

D.  C.  The city of Phoenix annually shall inform the commission of new major development projects and new major infrastructure improvements, including but not limited to parks, streets and street‑scaping within the downtown area redevelopment plan as defined pursuant to in section 36‑1471.

E.  If the general plan of the city, county or state agency for land development does not conform with the general plan developed by the commission for the development of the governmental mall, the general plan developed by the commission for the development of the governmental mall applies and shall be enforced. END_STATUTE

Sec. 4.  Assyrian genocide commemoration monument; procedures; delayed repeal

A.  Pursuant to section 41-1363, subsection A, Arizona Revised Statutes, this act authorizes the department of administration to provide for the placement in the governmental mall of a monument dedicated to the commemoration of Assyrian Christians who were killed as a result of the Assyrian genocide.  The monument will serve as a place for Arizona's Assyrian Community to gather and remember the lives of their relatives and the suffering that they endured, a reminder of the reoccurrence of genocide from ethnic and religious intolerance throughout history and as a symbol of Arizona's condemnation of past and future genocide.

B.  The procedures prescribed in section 41-1363, Arizona Revised Statutes, apply to the establishment of the monument.

C.  Public monies are not authorized for the costs of the monument. All fund-raising and contracts for artistic design and construction of the monument are the sole responsibility of the proponents.  This state may not facilitate fund-raising or establish a state fund for the deposit of the monies.

D.  This section is repealed from and after September 30, 2020.

Sec. 5.  Applicability

This act does not apply to any development or project that was approved on or before the effective date of this act.

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