Bill Text: AZ HCR2047 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: State parks heritage fund; restoration
Spectrum: Slight Partisan Bill (Republican 11-7)
Status: (Introduced - Dead) 2012-02-09 - Referred to House APPROP Committee [HCR2047 Detail]
Download: Arizona-2012-HCR2047-Introduced.html
|
REFERENCE TITLE: state parks heritage fund; restoration |
|
State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
|
|
HCR 2047 |
|
|
|
Introduced by Representatives Jones, Farley, Judd, Pancrazi, Vogt: Ableser, Alston, Barton, Brophy McGee, Campbell, Crandell, Fann, Goodale, Heinz, McLain, Pratt, Tovar, Urie
|
A CONCURRENT RESOLUTION
Enacting and ordering the submission to the people of a measure relating to the arizona state parks board heritage fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the Arizona state parks board heritage fund, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending section 5‑572, Arizona Revised Statutes; amending Title 41, chapter 3, Arizona Revised Statutes, by adding article 1; relating to the arizona state parks board heritage fund.
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, three million five hundred thousand dollars shall be deposited in the Arizona competes fund established by section 41‑1545.01.
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, ten million dollars shall be deposited in the Arizona state parks board heritage fund established by section 41‑502 and ten million dollars shall be deposited in the Arizona game and fish commission heritage fund established by section 17‑297.
D. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A, B and C of this section, five million dollars shall be allocated to the department of economic security for the healthy families program established by section 8‑701, four million dollars shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15‑1643, three million dollars 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 shall be allocated to the department of health services for the health start program established by section 36‑697, two million dollars shall be deposited in the disease control research fund established by section 36‑274 and one million dollars 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.
E. If the state lottery director determines that monies available to the state general fund may not equal eighty million six hundred fifty thousand dollars in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B C of this section until the deposits to the state general fund equal eighty million six hundred fifty thousand dollars in a fiscal year.
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, one million dollars 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.
G. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through F of this section, and after a total of at least ninety‑six million one hundred forty thousand dollars has been deposited in the state general fund, the remaining balance in the state lottery 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 per cent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.
H. 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.
I. Except for monies expended for prizes as provided in section 5‑554, subsection G and section 41‑1545.01 and 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.
Sec. 2. Title 41, chapter 3, Arizona Revised Statutes, is amended by adding article 1, to read:
ARTICLE 1. ARIZONA STATE PARKS BOARD HERITAGE FUND
41-501. Definitions
In this article, unless the context otherwise requires that:
1. "Environmental education" means educational processes, programs and activities that are specifically designed to enhance student acquisition of knowledge of scientific and economic principles, concepts and facts as they relate to environmental topics and issues and that are taught in an unbiased, fair and balanced manner.
2. "Historic preservation" means archaeological or historic properties listed on or eligible for listing on the Arizona register of historic places that require funding for easements, stabilization, rehabilitation, education and preservation program development, reconstruction, restoration, interpretive development, acquisition and maintenance.
3. "Natural areas" means parcels of land or water that contain examples of unique natural terrestrial or aquatic ecosystems, rare species of plants and animals or unusual or outstanding geologic or hydrologic features.
4. "Trails" means those trails for nonmotorized use nominated for inclusion in the state trails system, including urban, cross-state, recreation, interpretive or historic trails.
41-502. Establishment of fund
A. The Arizona state parks board heritage fund is established consisting of monies deposited from the state lottery fund pursuant to section 5‑572 and interest earned on those monies.
B. The fund shall be administered by the Arizona state parks board and is not subject to appropriation. Expenditures from the fund are not subject to additional approval notwithstanding any provision of section 41‑511.05 or 41‑511.11 or any other statutory provision to the contrary. Monies received pursuant to section 5‑572 shall be deposited directly with the Arizona state parks board heritage fund. 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.
C. The board shall not use its power of eminent domain under section 41‑511.06 to acquire property to be paid for with monies from the Arizona state parks board heritage fund.
D. All monies in the Arizona state parks board heritage fund shall be spent by the Arizona state parks board only for the purposes and in the percentages set forth in this article. In no event shall any monies in the fund revert to the state general fund and monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
41-503. Expenditures from fund; purpose and amounts
A. Monies in the fund for local, regional and state trails, parks, outdoor recreation and open space shall consist of:
1. Five per cent of monies received pursuant to section 5‑572 shall be spent on local, regional and state trails.
2. Thirty-five per cent of monies received pursuant to section 5‑572 shall be spent on local, regional or state parks, for outdoor recreation and open space.
B. Arizona state parks board heritage fund monies allocated pursuant to subsection A, paragraphs 1 and 2 of this section shall be spent in accordance with section 41‑511.25 and shall be available as matching funds.
C. No entity receiving monies under subsections A and B of this section shall receive more than twenty per cent of the monies available in any fiscal year.
D. Monies received pursuant to section 5‑572 shall be spent as follows:
1. Seventeen per cent on acquisition of natural areas.
2. Four per cent on maintenance, operation and management of natural areas administered by the Arizona state parks board.
3. Seventeen per cent on local, regional and state historic preservation projects. Monies provided under this paragraph shall be administered by the Arizona state parks board through the state historic preservation officer.
4. Seventeen per cent on state park acquisition or development.
5. Five per cent on environmental education.
E. 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 subsections A through D of this section or for costs of administering the Arizona state parks board heritage fund in such amounts as determined by the Arizona state parks board.
F. On or before December 31 each year the board shall submit its annual report to the president of the senate, the speaker of the house of representatives and the chairperson of the senate and house of representatives committees on natural resources and agriculture, or their successor committees. The annual 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 and state trails.
(b) Local, regional or state parks for outdoor recreation and open space.
(c) Natural areas, including acquisition and maintenance, operation and management of natural areas.
(d) Local, regional and state historic preservation projects.
(e) State park acquisition and development.
2. The number and location of parcels of property acquired during the preceding fiscal year.
3. For personal and real properties acquired with fund monies during the preceding fiscal year, the amount of property tax revenue paid to each taxing jurisdiction during the last full tax year prior to acquisition.
4. The amount of money spent from the fund during the preceding fiscal year for employee personal services.
5. The number of full-time employees employed in the preceding fiscal year in connection with property acquisition, including survey, appraisal and other related activities.
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 Arizona state parks board heritage fund pursuant to this article at the same time any 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 commerce, agriculture and natural resources and the house of representatives committee on natural resources and agriculture, or their successor committees.
Sec. 3. Conforming legislation
A. The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty‑first legislature, first regular session.
B. Notwithstanding subsection A of this section, the executive director of legislative council may blend nonconflicting changes made by the legislature with the changes in the act.
C. The legislature may make technical and conforming changes to any section of this act, subject to article IV, part 1, section 1, Constitution of Arizona.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
