Bill Text: AZ SB1003 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Veterans' services; military installation fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-01-25 - Transmit to Senate [SB1003 Detail]
Download: Arizona-2010-SB1003-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1003 |
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AN ACT
amending sections 37‑102, 41‑603 and 41‑1512.01, Arizona Revised Statutes; relating to the military installation fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-102, Arizona Revised Statutes, is amended to read:
37-102. State land department; powers and duties
A. The state land department shall administer all laws relating to lands owned by, belonging to and under the control of the state.
B. The department shall have charge and control of all lands owned by the state, and timber, stone, gravel and other products of such lands, except lands under the specific use and control of state institutions and the products of such lands.
C. The department, in the name of the state, may commence, prosecute and defend all actions and proceedings to protect the interest of the state in lands within the state or the proceeds thereof. Actions shall be commenced and prosecuted at the request of the department by the attorney general, a county attorney or a special counsel under the direction of the attorney general.
D. The department shall be the official representative of the state in any communication between the state and the United States government in all matters respecting state lands or any interest of the state in or to the public lands within the state.
E. The summons in any action against the state respecting any lands of the state or the products of such lands and all notices concerning such lands or products shall be served upon on the commissioner. Summonses, warrants or legal notices served on behalf of the department may be served by the commissioner or the commissioner's deputy, or by the sheriff or a constable of any county of the state.
F. The department shall maintain as a public record in each of its offices a public docket and index of all matters before the department which that may be subject to appeal to the board of appeals or to the courts and all sale, exchange and lease transactions subject to bidding by the public. The department shall list a matter on the public docket immediately after an application or other request for department action is received by the department. The department shall include in the public docket every formal action and decision affecting each matter in question. The department shall establish by rule a means by which any person may obtain a copy of the public docket at the current copying cost.
G. The department shall reappraise or update its original appraisal of property to be leased, exchanged or sold if the board of appeals' approval of the lease or sale occurred more than one hundred eighty days before the auction.
H. The state land department shall:
1. Prepare maps of the ancillary military facilities described in section 28‑8461, paragraph 7, subdivisions (b) and (c).
2. Make a map of the ancillary military facility described in section 28‑8461, paragraph 7, subdivision (a) available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department.
3. Within ninety days after the effective date of this amendment to this section On or before December 25, 2008 and on receipt of proper information from the military installation commander with responsibility for the military electronics range, prepare a map of the military electronics range as defined in section 9-500.28 and make that map available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department. Within ninety days of receipt of notice of any change in the boundaries of the military electronics range from the military installation commander, the state land department shall revise its map and provide the map to the public and to the state real estate department.
I. The state land department shall provide each map and the legal description of the boundaries of each ancillary military facility described in section 28‑8461, paragraph 7 in electronic format to the state real estate department. Each map prepared by the state land department pursuant to this section shall:
1. Describe the ancillary military facility, the territory in the vicinity of the ancillary military facility and the high noise and accident potential zone, accident potential zone one and accident potential zone two associated with the ancillary military facility.
2. Be submitted to the county in which the ancillary military facility is located.
3. Be made available in printed or electronic format to the public at the state land department and at the state real estate department.
J. The state land department shall prepare a military training route map. The map shall contain military training route numbers in this state that are used by various United States armed forces. The map shall be dated.
K. When preparing the military training route map, the state land department shall use information contained in the most current department of defense publication that is entitled "area planning military training routes for North and South America".
L. The military training route map shall be made available in printed or electronic format to the public at the state land department and at the state real estate department.
M. Within ninety days after the department is notified of a change of a military training route in this state, the department shall prepare a revised military training route map. The map shall be dated and contain a statement that the map supersedes all previously dated maps. The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military training route changes. The state land department shall send the revised map and an accompanying letter specifying the military training route changes to the municipalities affected by the changes and to all counties.
N. The department shall submit the military training route map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county.
O. The state land department shall provide the legal description of the boundaries of the military training routes as delineated in the military training route map to the state real estate department in electronic format.
P. The state land department shall prepare a military restricted airspace map. The map shall contain military restricted airspace in this state that is used by various United States armed forces. The map shall be dated.
Q. When preparing the military restricted airspace map, the state land department shall use information contained in the most current department of transportation publication that is entitled "aeronautical chart".
R. The military restricted airspace map shall be made available in printed or electronic format to the public at the state land department and at the state real estate department.
S. Within ninety days after the department is notified of a change of military restricted airspace in this state, the department shall prepare a revised military restricted airspace map. The map shall be dated and contain a statement that the map supersedes all previously dated maps. The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military restricted airspace changes. The state land department shall send the revised map and an accompanying letter specifying the military restricted airspace changes to the municipalities affected by the changes and to all counties.
T. The department shall submit the military restricted airspace map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county.
U. The state land department shall provide the legal description of the boundaries of the military restricted airspace as delineated in the military restricted airspace map to the state real estate department in electronic format.
V. The department may accept title to and manage real estate, property rights and related infrastructure acquired pursuant to section 41-603, subsection C, paragraph 3 41‑1512.01, subsection K for preserving or enhancing military installations in this state.
Sec. 2. Section 41-603, Arizona Revised Statutes, is amended to read:
41-603. Powers and duties
A. The department may act as guardian of an incapacitated veteran, the incapacitated spouse of a veteran or minor children of a veteran, or as conservator of the estate of a protected veteran or of the veteran's incapacitated or surviving spouse or of the minor children of a veteran. The department may act in all fiduciary matters, including as power of attorney, trustee, custodian or representative payee of a veteran, spouse of a veteran or minor child of a veteran. The department may act as the personal representative of the estate of a deceased veteran, deceased spouse of a veteran or deceased child of a veteran.
B. The department shall:
1. Assist veterans and their families and dependents in presenting, providing and establishing claims, privileges, rights and benefits they may have under federal, state or local law.
2. Inform veterans and their families and dependents and military and civilian authorities about federal, state and local laws enacted to benefit veterans and their families and dependents and members of the armed forces.
3. Collect information relating to services and facilities available to veterans.
4. Cooperate with all government and private agencies receiving services for or benefits to veterans and their families and dependents.
5. Conduct administrative reviews and, if possible, correct abuses or prevent exploitation of veterans and their families or dependents and recommend corrective legislation.
6. Adopt rules deemed necessary to administer this article.
7. Enter into agreements with veterans' organizations in this state holding a charter granted by the Congress of the United States for the beneficial interest of veterans.
8. Verify and provide written confirmation to the person of eligibility for special license plates issued pursuant to section 28‑2455 by determining that all of the following are true:
(a) The person was a member of the United States armed forces on December 7, 1941.
(b) The person received an honorable discharge from the United States armed forces.
(c) The person was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu or offshore, at a distance not exceeding three miles.
9. Evaluate, supervise, approve and disapprove programs offered by educational institutions and training establishments pursuant to United States Code titles 10 and 38 and state rules, so that veterans and their dependents may draw the educational allowance provided by federal law while pursuing approved programs.
10. Approve or disapprove veterans' organizations seeking to solicit money or other support in this state in the name of American veterans.
C. The department may:
1. Acquire property for and construct and operate a veterans' home facility in southern Arizona.
2. Acquire property for and establish and operate cemeteries for veterans in this state.
3. Acquire real estate, property rights and related infrastructure pursuant to section 41‑1512.01, subsection G. The department of veterans' services shall transfer any real estate, property rights and related infrastructure to the state land department for the purposes of preserving or enhancing military installations in this state.
4. 3. Establish a training center to provide training to current or potential employees and the veteran community. The department may establish a fee for this training.
5. 4. Award the Arizona gold star military medal, if appropriate and if funding is available.
Sec. 3. Section 41-1512.01, Arizona Revised Statutes, is amended to read:
41-1512.01. Military installation fund; report; definition
A. The military installation fund is established consisting of revenues made available to the fund from any lawful source. The department of commerce shall administer the fund. On notice from the department, 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. The fund is exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. Monies in the fund are continuously appropriated for the purposes of this section.
C. The department, in conjunction with the military affairs commission established by section 41‑1512, shall adopt by rule procedures for receiving and evaluating applications and using the monies as provided by subsection G of this section. If applications for monies exceed the amount available in the fund, the department may request applicants to reduce the amount of the applications or deny or award reduced amounts.
D. The department shall receive each application for fund monies and shall forward each application to the military affairs commission. The military affairs commission shall review each application and recommend to the department both of the following:
1. Each applicant that should be awarded monies from the fund.
2. The dollar amount that each applicant listed pursuant to paragraph 1 of this subsection should be awarded from the fund.
E. The department shall consider the military affairs commission's recommendations and shall decide how the monies in the fund shall be awarded among the applicants. The department, after reviewing the recommendations by the military affairs commission, shall make the monies in the fund available for the purpose of military installation preservation and enhancement projects. Except as provided in subsection F of this section, after the department makes an award decision the department shall award the monies.
F. If the department does not comply with the military affairs commission's recommendation for the awards, within five days after the department's decision the department shall report in writing to the president of the senate, the speaker of the house of representatives and the governor. The report shall include the award decision of the department and the recommendation of the military affairs commission. The department shall not distribute monies from the fund to the applicants for at least sixty days after the report is received.
G. The department of commerce shall award:
1. Use eighty per cent of the monies in the fund to the department of veterans' services for the following purposes, except that up to twenty per cent of this amount may be awarded to cities, towns and counties for the purpose of acquiring private land for the purposes prescribed in paragraph 2 of this subsection:
(a) Acquisition of private property for the purpose of preserving a military installation.
(b) Acquisition of real estate and rights to real estate and otherwise preserving real estate from development or mitigating impacts on development in high noise or accident potential zones as defined in section 28‑8461 and in areas as required to support a military installation.
(c) Acquisition of real estate, property rights and related infrastructure that is vital to the preservation or enhancement of a military installation.
2. Award twenty per cent of the monies in the fund to cities, towns and counties for military installation preservation and enhancement projects.
H. The legislature shall review the distribution formula prescribed in subsection G of this section at least once every four years.
I. Monies in the fund may be awarded for debt service on bonds issued by a political subdivision for the purpose of acquisition of private property for the purpose of preserving a military airport or ancillary military facility as defined in section 28‑8461 if the land acquisition occurs after December 31, 2004.
J. The department shall annually report the awards made pursuant to this section. The report shall be in writing and shall be sent to the president of the senate, the speaker of the house of representatives and the governor.
K. The department shall transfer any real estate, property rights and related infrastructure that is acquired pursuant to this section to the state land department for the purposes of preserving or enhancing military installations in this state.
K. L. For the purposes of this section, "military installation" has the same meaning prescribed in section 41‑1512.
