Bill Text: AZ HB2701 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: State parks; lottery; heritage fund.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Engrossed - Dead) 2019-03-11 - Senate read second time [HB2701 Detail]
Download: Arizona-2019-HB2701-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2701 |
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AN ACT
amending section 5-572, Arizona Revised Statutes; amending title 41, chapter 3, Arizona Revised Statutes, by adding article 1; relating to the state lottery.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-572, Arizona Revised Statutes, is amended to read:
5-572. Use of monies in state lottery fund; report
A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5‑555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery.
B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17‑297.
C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $10,000,000 shall be deposited in the Arizona state parks board heritage fund established by section 41-502, $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8‑481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15‑1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36‑697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36‑274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41‑563 and the allocations are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis.
D. If the state lottery director determines that monies available to the state general fund may not equal eighty‑four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund or the Arizona state parks heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty‑four million one hundred fifty thousand dollars $84,150,000 in a fiscal year.
E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state.
F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety‑nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41‑1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease‑to-own and bond fund established by section 15‑1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.
G. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund.
H. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation.
I. The commission shall transfer monies prescribed in this section on a quarterly basis.
Sec. 2. Title 41, chapter 3, Arizona Revised Statutes, is amended by adding article 1, to read:
ARTICLE 1. ARIZONA STATE PARKS HERITAGE FUND
41-501. Definitions
In this article, unless the context otherwise requires:
1. "Fund" means the Arizona state parks heritage fund established by section 41-502.
2. "Historic preservation project" means a project for the preservation of archaeological or historic properties, artifacts, archives and collections that require stabilization, rehabilitation, restoration and maintenance, interpretation, education and program development.
41-502. Arizona state parks heritage fund
A. The Arizona state parks heritage fund is established consisting of monies deposited from the state lottery fund pursuant to section 5-572 and interest earned on those monies, legislative appropriations, grants and donations.
B. The arizona state parks board shall administer the fund. MOnies in the fund are continuously appropriated. On notice from the Arizona state parks board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
41-503. Expenditures from fund; purpose; amounts
A. The Arizona state parks board, in consultation with the historical advisory commission, shall:
1. Establish criteria for the use of the monies in the fund.
2. Establish and revise as necessary the grant application process.
3. Review and evaluate grant applications.
B. The monies in the fund shall be used as follows:
1. Fifty percent on local, regional or state parks for outdoor recreation and open space development, restoration or renovation.
2. Thirty percent on local, regional and state historic preservation projects. The Arizona state parks board through the state historic preservation officer shall administer monies provided under this paragraph.
3. Ten percent on local, regional and state nonmotorized trails.
4. Ten percent on outdoor and environmental education.
C. an entity that receives monies under this section may not receive more than twenty percent of the monies available in each category in any fiscal year.
D. All monies earned as interest on monies received pursuant to section 5‑572 shall be spent only in the percentages and for the purposes described in subsection B of this section or for the costs of administering the fund in such amounts as determined by the Arizona state parks board, in consultation with the historical advisory commission.
E. Monies in the fund may not be used to acquire property.
F. On or before December 31 of each year, the Arizona state parks board, in consultation with the historical advisory commission, shall submit a report to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate committee on natural resources and energy and the house of representatives committee on natural resources, energy and water, or their successor committees. The board shall provide a copy of this report to the secretary of state. The report shall include information on:
1. The amount of monies spent or encumbered in the fund during the preceding fiscal year and a summary of the projects, activities and expenditures relating to:
(a) Local, regional or state parks for outdoor recreation and open space.
(b) Local, regional and state nonmotorized trails.
(c) Local, regional and state historic preservation projects.
(d) Outdoor and environmental education.
2. The amount of monies spent from the fund during the preceding fiscal year that is itemized.
41-504. Performance audit
The auditor general shall conduct a performance audit, as defined in section 41‑1278, of the programs and expenditures of the fund pursuant to this article at the same time an agency performance audit of the Arizona state parks board is conducted. The auditor general shall submit copies of the performance audit to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate committee on natural resources and energy and the house of representatives committee on natural resources, energy and water, or their successor committees.
Sec. 3. Legislative intent
The Arizona state parks heritage fund served this state well with its dedication to parks, outdoor recreation, open space and nonmotorized trails, outdoor and environmental education and historic preservation. It is the intent of the legislature to restore the Arizona state parks heritage fund after satisfying all other current encumbrances and to reestablish the fund in a responsible and deliberate manner.
