Bill Text: AZ SB1002 | 2017 | Fifty-third Legislature 1st Regular | Engrossed


Bill Title: Mall commission; transfer; Assyrian monument

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-03-09 - House GOV Committee action: Failed To Pass, voting: (3-4-0-1-0-0) [SB1002 Detail]

Download: Arizona-2017-SB1002-Engrossed.html

 

 

 

Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SENATE BILL 1002

 

 

 

AN ACT

 

amending sections 34‑225, 41‑608, 41‑791.02 and 41‑806, Arizona Revised Statutes; amending sections 41‑811, 41‑812, 41‑813, 41‑814 and 41‑815, Arizona Revised Statutes, as transferred and renumbered; providing for transferring and renumbering; amending section 41‑1713, 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; private and public development; construction contracts; limitations

A political subdivision of the 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 41-812 without a request for permission from, and written approval by, the legislative arizona governmental mall commission.

Sec. 2.  Section 41-608, Arizona Revised Statutes, is amended to read:

START_STATUTE41-608.  Veterans' donations fund; grants

A.  The veterans' donations fund is established consisting of monies, gifts and contributions donated to the department and monies deposited pursuant to sections 28‑2414, 28‑2428, 28‑2431, 28‑2447, 28‑2454, 28‑2473, 28‑2474, 28‑2475 and 43‑620.  The department shall administer the fund.  Monies in the fund are continuously appropriated.  The monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.  The department shall adopt rules or policies for grants of less than five thousand dollars that encourage as much competition as practicable.

B.  The director or the director's designee may solicit and receive donations, including in‑kind donations, from the public for veterans.  The director shall deposit, pursuant to sections 35‑146 and 35‑147, the monetary donations in the veterans' donations fund.  Monies in the fund are subject to state auditing procedures.  Except for monies deposited pursuant to sections 28‑2431 and 28‑2447, the donations may be used for the benefit of the veterans within this state as grants, subject to chapter 24 of this title, if applicable.

C.  The director shall establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2431, subsection C.  The monies in the subaccount shall be used for the construction and maintenance of the enduring freedom memorial authorized pursuant to section 41‑1363 41-813 for placement in Wesley Bolin Plaza.

D.  The director shall establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2447, subsection C.  The monies in the subaccount shall be used for the benefit of women veterans in this state, including providing shelter to homeless women veterans as grants, subject to chapter 24 of this title, if applicable.

E.  The director shall establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2454, subsection C.  The first thirty‑two thousand dollars in the subaccount shall be reimbursed to the person that provides the thirty‑two thousand dollars pursuant to section 28‑2454, subsection A.  The director shall annually allocate monies from the subaccount to a foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that is the nation's oldest and largest provider of need-based scholarships to children of United States military members.  The foundation must:

1.  Have been in existence for at least fifty‑two years.

2.  Have provided more than thirty-three thousand scholarships that are valued at almost ninety million dollars.

3.  Have a mission that includes honoring marines and educating their children.

4.  Award scholarship monies to children of marines and navy corpsmen who were killed or wounded in combat or who have demonstrated financial need.

F.  The director shall inventory and account for the use of any tangible personal property donated to the fund.

G.  On notice from the director, 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. END_STATUTE

Sec. 3.  Section 41-791.02, Arizona Revised Statutes, is amended to read:

END_STATUTE41-791.02.  Powers and duties relating to acquiring property; lease purchase agreements; eminent domain

A.  The director may acquire, in the name of this state, by gift, grant, purchase, lease purchase, condemnation or any other lawful manner, real property, buildings, energy systems or energy management systems which are necessary, useful or convenient for the use of this state, but no land or building may be acquired by purchase or condemnation without prior approval of the joint committee on capital review and an appropriation of monies by the legislature for such acquisition.

B.  Any lease purchase agreement relating to land acquisition, capital projects, energy systems or energy management systems under this section shall provide that:

1.  The obligation of this state to make any payment under the agreement is a current expense of the department, payable exclusively from appropriated monies, and is not a general obligation indebtedness of this state or the department.

2.  If the legislature fails to appropriate monies or the department fails to allocate such monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement.

3.  The agreement shall be reviewed and approved by the attorney general before the agreement may take effect.

4.  The agreement shall be reviewed and approved by the joint committee on capital review before the agreement takes effect.

C.  The department may covenant to use its best efforts to budget, obtain, allocate and maintain sufficient appropriated monies to make payments under a lease purchase agreement, but the agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or of any other party to the agreement.

D.  A lease purchase agreement under this section shall be submitted to the attorney general to review for compliance with the constitution and laws of this state.  If in his opinion the agreement so complies, he shall append his certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review.  On request by the director the attorney general may give other opinions relating to the agreement.

E.  A lease purchase agreement under this section shall be reviewed and approved by the joint committee on capital review before the agreement takes effect.

F.  The director may lease any property owned by this state at fair rental value, or on other terms and conditions if the lessee is a political subdivision of this state.  If the property was purchased through the capital outlay stabilization fund as set forth in section 41‑792.01, subsection A, the net income received from any such lease shall be credited to the capital outlay stabilization fund.  All other lease net incomes shall be credited to the state general fund.

G.  The director, with the consent of the governor, may lease property which is acquired under this article for public purposes and convey in the name of this state easements for roadways, walkways and utility purposes on any of the real property acquired under this article.

H.  If the power of eminent domain is exercised, it shall be exercised as provided in sections 12‑1111 through 12‑1128.

I.  The amount paid for any property purchased by the department, except such property as may be acquired by condemnation and property acquired in any manner within the governmental mall comprised of the area described in section 41‑1362 41-812, shall not exceed the appraised value as fixed by an appraiser to be appointed by the director who shall be a well qualified appraiser and a designated member of a nationally recognized real estate appraisal association, institute or society.  If the department orders only one appraisal of the property, the property owner may request, and the department shall provide, a second appraisal. Each appraisal ordered by the department for a property shall be conducted by a different firm.  If more than one appraisal is conducted, the director may use either appraisal in determining the appraised value affixed by the appraiser.  A contract for appraisal services shall be awarded in accordance with chapter 23 of this title.  Before the property within the governmental mall is acquired as provided in this subsection, the joint committee on capital review shall review and approve the purchase of the property.

J.  The director may dispose of real property acquired by the department or any right, title or other interest in such property if the director determines that it is no longer needed or used for state purposes.  The director, after the establishment, laying out or substantial completion of an improvement to such real property, may convey the real property or any interest in the real property which the director determines is not necessary, useful or convenient for the use of such improvement by this state.  The conveyance shall be made to the highest and most responsible bidder at a public sale held for that purpose.

Sec. 4.  Section 41-806, Arizona Revised Statutes, is amended to read:

START_STATUTE41-806.  Use of renewable energy; department of administration facilities; definitions

A.  If the cost of renewable energy is not more than five per cent percent higher than the cost of traditional power, the department of administration shall meet the following minimum requirements for use of renewable energy to provide power to the department's facilities in the governmental mall:

1.  On or before January 1, 2003, one per cent percent.

2.  On or before January 1, 2004, two per cent percent.

3.  On or before January 1, 2005, three per cent percent.

4.  On or before January 1, 2010, ten per cent percent.

B.  For the purposes of this section:

1.  "Governmental mall" means the governmental mall described in section 41‑1362 41-812.

2.  "Renewable energy" includes solar energy, geothermal energy, wind energy and biomass energy.

Sec. 5.  Section 41-811, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE41-811.  Governmental mall commission; members; terms; compensation; definition

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

1.  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 who is responsible for administering the commission. The director or director's designee is an ex officio member and chairperson of the commission.

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.  Six members of the board shall constitute a quorum, except that if the chairman appoints a subcommittee of the board a majority of the members of the subcommittee shall constitute a quorum.

E.  The commission shall elect a vice-chairperson to serve as chairperson in the chairperson's absence.

F.  For the purposes of this section, "advisory member" means a member who gives advice to the other members of the legislative Arizona 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. 6.  Section 41-812, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

END_STATUTE41-812.  Powers and duties; governmental mall description; duty of city of Phoenix; general plan application

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.  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 C 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 requests for permission to develop structures or sites or award construction contracts for new buildings or improvements within the governmental mall.  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.

6.  Provide a copy of all legal action scheduled to be heard by the commission to the president of the senate and the speaker of the house of representatives within five working days before the commission meeting.

C.  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.  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.

Sec. 7.  Section 41-813, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE41-813.  Monuments and memorials within governmental mall; legislative authorization; approval; procedure

A.  Notwithstanding section 34‑225 or any other law, a monument or memorial in recognition of or honoring a person, group, entity or event shall be located in the governmental mall only if a prior legislative act authorizes the monument or memorial.

B.  After legislative authorization, a monument or memorial may be established by the following procedures:

1.  The proponents shall submit a concept to the department of administration for the design, dimensions and location of the monument or memorial.

2.  The department of administration shall review the concept and determine the most appropriate location that highlights the monument or memorial and preserves the integrity of the governmental mall.

3.  The department of administration shall submit its review and recommendations to the legislative arizona governmental mall commission, including recommendations regarding its ability to maintain the monument or memorial.

4.  After recommendations from the historical advisory commission regarding the historical integrity of the monument or memorial and after any necessary negotiations with the proponents, the legislative arizona governmental mall commission, in consultation with the department of administration, shall approve the final design, dimensions, location and maintenance requirements of the monument or memorial, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41‑1365 41-815 and any statement, declaration, writing or inscription that will be imprinted or stamped on the monument or memorial.

5.  Before the beginning of construction of the monument or memorial, the proponents shall enter into a contract with the department of administration specifying the conditions of the design, dimensions and location of the monument or memorial, a list of the artists, contractors and subcontractors that will be employed, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41‑1365 41-815 and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction.

6.  An approved monument or memorial shall be completed and dedicated to this state within two years after the effective date of the legislative act authorizing the monument or memorial.

C.  Except as otherwise provided in this section or section 41‑1365 41-815, all fund‑raising, establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the monument or memorial are the sole responsibility of the proponents.

D.  If the completed monument or memorial deviates from the final design or dimension that was approved by the legislative arizona governmental mall commission or any statement, declaration, writing or inscription that is imprinted or stamped on the monument or memorial deviates from that which was approved by the legislative arizona governmental mall commission, the proponents are responsible for any costs incurred to conform the monument or memorial to the approved form.

E.  The proponents shall collect an amount equal to at least ten per cent percent of the artistic design and construction costs of the monument or memorial or the amount approved by the legislative arizona governmental mall commission as provided in subsection B of this section.  The department of administration shall deposit these monies in the state monument and memorial repair fund established by section 41‑1365 41-815 for the maintenance, repair, reconditioning or relocation of that monument or memorial.  The monies must be deposited in the fund before the beginning of construction of the monument or memorial.

F.  On review and approval by the legislative arizona governmental mall commission, the department of administration may relocate monuments or memorials that are located in the governmental mall.

G.  This section does not apply to monuments or memorials in which a political subdivision has a contractual interest and that are located in the governmental mall but that are outside Wesley Bolin plaza. END_STATUTE

Sec. 8.  Section 41-814, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE41-814.  Alteration or modification to monuments and memorials within governmental mall; procedures; approval

A.  Any alteration or modification to an existing monument or memorial that was completed pursuant to section 41‑1363 41-813 must abide by the following procedures:

1.  The proponents of the monument or memorial that submitted the concept pursuant to section 41‑1363 41-813 shall submit the proposed alteration or modification to the legislative arizona governmental mall commission.

2.  After recommendations from the historical advisory commission regarding what impact the proposed alteration or modification would have on the historical integrity of the existing monument or memorial and after any necessary negotiations with the proponents, the legislative arizona governmental mall commission shall approve or reject the proposed alteration or modification.

3.  If the proposed  alteration or modification is approved and before the beginning of construction involved in implementing the alteration or modification to the monument or memorial, the proponents shall enter into a contract with the department of administration specifying the scope of the alteration or modification to the monument or memorial, a list of the artists, contractors and subcontractors that will be employed and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction involved in implementing the alteration or modification to the monument or memorial.

4.  The alteration or modification to an existing monument or memorial shall be completed and dedicated to this state within two years after the effective date of the approval of the alteration or modification by the legislative Arizona governmental mall commission.

B.  All fund‑raising, establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the alteration or modification to the existing monument or memorial are the sole responsibility of the proponents. END_STATUTE

Sec. 9.  Section 41-815, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE41-815.  State monument and memorial repair fund; purpose; report

A.  The state monument and memorial repair fund is established consisting of:

1.  Donations.

2.  Monies derived from fund-raising activities.

3.  Monies that are collected by the proponents of a monument or memorial and that are deposited pursuant to section 41‑1363 41-813.

4.  Grants received for monuments or memorials, except for otherwise specifically dedicated grants.

5.  Legislative appropriations.

B.  The department of administration shall administer the fund.  All monies in the fund are subject to legislative appropriation.  Subject to this section, the department shall use monies appropriated from the fund for the maintenance, repair, reconditioning or relocation of monuments or memorials and for supporting mechanical equipment in the governmental mall.

C.  The department shall separately account for monies to a specific monument or memorial that is dedicated to this state for maintenance, repair, reconditioning or relocation of that monument or memorial as follows:

1.  Monies that are donated for the benefit of the specific monument or memorial.

2.  Monies that are derived from fund‑raising activities and that are collected for the benefit of a specific monument or memorial.

3.  Monies that are collected and deposited pursuant to subsection A, paragraph 3 of this section.

D.  On or before November 1 of each year, the department of administration shall submit to the legislative arizona governmental mall commission a report that accounts for all monies deposited in the fund. The report shall include the sources of the monies received for deposit, by category, and the purposes for which the monies were used during the preceding fiscal year.

E.  The department of administration shall hold the monies in the fund in trust for the citizens of this state until spent on an authorized monument or memorial, and monies in the fund shall not be spent or appropriated for any other purpose.

F.  Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 10.  Heading change

The article heading of title 41, chapter 8, article 4, Arizona Revised Statutes, is changed from "LEGISLATIVE GOVERNMENTAL MALL" to "ARIZONA GOVERNMENTAL MALL".

Sec. 11.  Transfer and renumber

Title 41, chapter 8, article 4, Arizona Revised Statutes, is transferred and renumbered for placement in title 41, chapter 4, Arizona Revised Statutes, as article 8.  The following sections are transferred and renumbered for placement in title 41, chapter 4, article 8, Arizona Revised Statutes:

            Former Sections                     New Sections

            41‑1361.................................. 41‑811

            41‑1362.................................. 41‑812

            41‑1363.................................. 41‑813

            41‑1364.................................. 41‑814

            41‑1365.................................. 41‑815

Sec. 12.  Section 41-1713, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1713.  Powers and duties of director; authentication of records

A.  The director of the department shall:

1.  Be the administrative head of the department.

2.  Subject to the merit system rules, appoint, suspend, demote, promote or dismiss all other classified employees of the department on the recommendation of their respective division superintendent.  The director shall determine and furnish the law enforcement merit system council established by section 41‑1830.11 with a table of organization.  The superintendent of each division shall serve at the concurrent pleasure of the director and the governor.

3.  Except as provided in sections 12‑119, 41‑1304 and 41‑1304.05, employ officers and other personnel as the director deems necessary for the protection and security of the state buildings and grounds in the governmental mall described in section 41‑1362 41-812, state office buildings in Tucson and persons who are on any of those properties.  Department officers may make arrests and issue citations for crimes or traffic offenses and for any violation of a rule adopted under section 41‑796.  For the purposes of this paragraph, security does not mean security services related to building operation and maintenance functions provided by the department of administration.

4.  Make rules necessary for the operation of the department.

5.  Annually submit a report of the work of the department to the governor and the legislature, or more often if requested by the governor or the legislature.

6.  Appoint a deputy director with the approval of the governor.

7.  Adopt an official seal that contains the words "department of public safety" encircling the seal of this state as part of its design.

8.  Investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a license or registration certificate issued pursuant to title 32, chapter 26.

9.  Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

10.  Adopt and administer the breath, blood or other bodily substances test rules pursuant to title 28, chapter 4.

11.  Develop procedures to exchange information with the department of transportation for any purpose related to sections 28‑1324, 28‑1325, 28‑1326, 28‑1462 and 28‑3318.

12.  Collaborate with the state forester in presentations to legislative committees on issues associated with wildfire prevention, suppression and emergency management as provided by section 37‑1302, subsection B.

B.  The director may:

1.  Issue commissions to officers of the department.

2.  Request the cooperation of the utilities, communication media and public and private agencies and any sheriff or other peace officer in any county or municipality, within the limits of their respective jurisdictions when necessary, to aid and assist in the performance of any duty imposed by this chapter.

3.  Cooperate with any public or private agency or person to receive or give necessary assistance and may contract for such assistance subject to legislative appropriation controls.

4.  Utilize the advice of the board and cooperate with sheriffs, local police and peace officers within the state for the prevention and discovery of crimes, the apprehension of criminals and the promotion of public safety.

5.  Acquire in the name of the state, either in fee or lesser estate or interest, all real or any personal property that the director considers necessary for the department's use, by purchase, donation, dedication, exchange or other lawful means.  All acquisitions of personal property pursuant to this paragraph shall be made as prescribed in chapter 23 of this title unless otherwise provided by law.

6.  Dispose of any property, real or personal, or any right, title or interest in the property, when the director determines that the property is no longer needed or necessary for the department's use. Disposition of personal property shall be as prescribed in chapter 23 of this title.  The real property shall be sold by public auction or competitive bidding after notice published in a daily newspaper of general circulation, not less than three times, two weeks before the sale and subject to the approval of the director of the department of administration.  When real property is sold, it shall not be sold for less than the appraised value as established by a competent real estate appraiser.  Any monies derived from the disposal of real or personal property shall be deposited, pursuant to sections 35‑146 and 35‑147, in the Arizona highway patrol fund as authorized by section 41‑1752, subsection B, paragraph 6.

7.  Sell, lend or lease personal property directly to any state, county or local law enforcement agency.  Personal property may be sold or leased at a predetermined price without competitive bidding.  Any state, county or local law enforcement agency receiving personal property may not resell or lease the property to any person or organization except for educational purposes.

8.  Dispose of surplus property by transferring the property to the department of administration for disposition to another state budget unit or political subdivision if the state budget unit or political subdivision is not a law enforcement agency.

9.  Lease or rent personal property directly to any state law enforcement officer for the purpose of traffic safety, traffic control or other law enforcement related activity.

10.  Sell for one dollar, without public bidding, the department issued handgun or shotgun to a department officer on duty related retirement pursuant to title 38, chapter 5, article 4.  Any monies derived from the sale of the handgun or shotgun to the retiring department officer shall be deposited, pursuant to sections 35‑146 and 35‑147, in the Arizona highway patrol fund as authorized by section 41‑1752, subsection B, paragraph 6.

11.  Conduct state criminal history records checks for the purpose of updating and verifying the status of current licensees or registrants who have a license or certificate issued pursuant to title 32, chapter 26.  The director shall investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a registration certificate issued pursuant to title 32, chapter 26.

12.  Grant a maximum of two thousand eighty hours of industrial injury leave to any sworn department employee who is injured in the course of the employee's duty, any civilian department employee who is injured in the course of performing or assisting in law enforcement or hazardous duties or any civilian department employee who was injured as a sworn department employee rehired after August 9, 2001 and would have been eligible pursuant to this paragraph and whose work‑related injury prevents the employee from performing the normal duties of that employee's classification.  This industrial injury leave is in addition to any vacation or sick leave earned or granted to the employee and does not affect the employee's eligibility for any other benefits, including workers' compensation.  The employee is not eligible for payment pursuant to section 38‑615 of industrial injury leave that is granted pursuant to this paragraph.  Subject to approval by the law enforcement merit system council, the director shall adopt rules and procedures regarding industrial injury leave hours granted pursuant to this paragraph.

13.  Sell at current replacement cost, without public bidding, the department issued badge of authority to an officer of the department on the officer's promotion or separation from the department.  Any monies derived from the sale of the badge to an officer shall be deposited, pursuant to sections 35‑146 and 35‑147, in the department of public safety administration fund to offset replacement costs.

C.  The director and any employees of the department that the director designates in writing may use the seal adopted pursuant to subsection A, paragraph 7 of this section to fully authenticate any department records and copies of these records.  These authenticated records or authenticated copies of records shall be judicially noticed and shall be received in evidence by the courts of this state without any further proof of their authenticity.

Sec. 13.  Assyrian genocide commemoration monument; procedures; delayed repeal

A.  Pursuant to section 41-813, 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.

B.  The procedures prescribed in section 41-813, 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.

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