Bill Text: AZ SB1008 | 2013 | Fifty-first Legislature 1st Special | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 2013-2014; government; budget reconciliation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-12 - Senate read second time [SB1008 Detail]

Download: Arizona-2013-SB1008-Introduced.html

 

 

 

REFERENCE TITLE: 2013-2014; government; budget reconciliation

 

 

 

State of Arizona

Senate

Fifty-first Legislature

First Special Session

2013

 

 

SB 1008

 

Introduced by

Senator Pierce

 

 

AN ACT

 

Amending section 3‑1005, Arizona Revised Statutes; repealing section 9‑626, Arizona Revised Statutes; amending section 10-122, Arizona Revised Statutes; amending section 10-122, Arizona Revised Statutes, as amended by Laws 2013, chapter 165, section 1; amending section 29-851, Arizona Revised Statutes; amending title 41, chapter 1, article 2.1, Arizona Revised Statutes, by adding section 41-151.24; Amending title 41, chapter 3, article 7, Arizona Revised Statutes, by adding section 41‑610; amending section 41‑3953, Arizona Revised Statutes; repealing section 41‑3954, Arizona Revised Statutes; amending Laws 2008, chapter 291, section 9, as amended by Laws 2010, chapter 313, section 16 and Laws 2011, chapter 343, section 25; relating to general government budget reconciliation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 3-1005, Arizona Revised Statutes, is amended to read:

START_STATUTE3-1005.  Arizona exposition and state fair fund

A.  Monies received by the board, other than those referred to in section 3‑1003, subsection A, paragraph 9 and other than those received by the board as ticket sales pursuant to a valid lease of the coliseum, shall be deposited, pursuant to sections 35‑146 and 35‑147, in the Arizona exposition and state fair fund and are subject to legislative appropriation.  Ticket sale monies received pursuant to a valid lease of the coliseum may be deposited with a bank qualified to receive public deposits under title 35, chapter 2, article 2.1, in which case the signature of the executive director or a bonded an employee designated by the executive director and the lessee shall be required on any instrument withdrawing such a deposit.  Vouchers for authorized expenditures shall be signed by the executive director or by an employee who is bonded as prescribed by the terms of this article and is designated by the executive director.   The receipt and expenditure of funds shall be as prescribed by law and the rules of the director of the department of administration.  Balances remaining in the fund at the end of a fiscal year shall not revert to the general fund.

B.  On notice from the executive director, the state treasurer shall invest and divest monies in the Arizona exposition and state fair fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities, and monies earned from investment shall be credited to the Arizona exposition and state fair fund.

C.  Disbursements from an account of ticket sales received pursuant to a valid lease of the coliseum as described in subsection A of this section shall be limited to payments of amounts due to the lessor or lessee pursuant to the lease.  No disbursements from this account shall be made for state wages, salaries or expenses.  Upon the completion or termination of any lease pursuant to subsection A of this section, all monies accruing to the board shall be deposited, pursuant to sections 35‑146 and 35‑147.

D.  There is established an exposition and state fair board permanent revolving fund for use in making change at fairs and for purchases and activities requiring immediate cash outlay for events sponsored by the Arizona exposition and state fair board that are proper as ultimate claims for payment from the exposition and state fair fund.  The amount of the fund shall not exceed twenty sixty thousand dollars, except for a period beginning October 1 and ending November 30 each year when the amount of the fund shall not exceed fifty four hundred thousand dollars for use during the annual state fair.  Expenditures from this fund and reimbursement to the fund shall be as prescribed by rules of the director of the department of administration.  All monies deposited in the revolving fund are appropriated to the board for the purposes provided in this subsection and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.  The exposition and state fair board permanent revolving fund shall be established as a separate account on the books of the exposition and state fair board and a full accounting of its use shall be made to the director of the department of administration annually or as required by the director of the department of administration.

Sec. 2.  Repeal

Section 9‑626, Arizona Revised Statutes, is repealed.

Sec. 3.  Section 10-122, Arizona Revised Statutes, is amended to read:

START_STATUTE10-122.  Filing, service and copying fees; expedited report filing and access; same day and next day services; posted wait times; advance monies; definition

A.  The commission shall collect and deposit, pursuant to sections 35‑146 and 35‑147, the following nonrefundable fees when the documents described in this subsection are delivered to the commission:

        Document                                         Fee

1.  Articles of incorporation                            $50

2.  Application for use of indistinguishable name        10

3.  Application for reserved name                        10

4.  Notice of transfer of reserved name                  10

5.  Application for registered name                      10

6.  Application for renewal of registered name           10

7.  Agent's statement of resignation                     10

8.  Amendment of articles of incorporation               25

9.  Restatement of articles of incorporation with

      amendment of articles                              25

10.  Articles of merger or share exchange                 100

11.  Articles of dissolution                              25

12.  Articles of domestication                            100

13.  Articles of revocation of dissolution                25

14.  Application for reinstatement following

      administrative dissolution, in addition

      to other fees and penalties due                    100

15.  Application for authority                            150

16.  Application for withdrawal                           25

17.  Annual report                                        45

18.  Articles of correction                               25

19.  Application for certificate of good standing         10

20.  Any other document required or permitted

      to be filed by chapters 1 through  17

      of this title                                      25

B.  The commission shall collect a nonrefundable fee of twenty‑five dollars each time process is served on it under chapters 1 through 17 of this title.  The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding.

C.  The commission shall charge and collect a reasonable fee for copying documents on request, provided the fee does not exceed the cost of providing the service as determined by the commission.  The commission shall also charge a reasonable fee for certifying the copy of a filed document, provided the fee does not exceed the cost of providing the service as determined by the commission.

D.  A penalty of one hundred dollars payable in addition to other fees accrues and is payable if a foreign corporation fails to file an amendment, restated articles that include an amendment, or articles of merger within sixty days of the time of filing in the jurisdiction in which the corporation is domiciled.  The penalty collected pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.

E.  One‑third of the fees for the annual report of domestic and foreign corporations paid pursuant to subsection A, paragraph 17 of this section shall be deposited in the Arizona arts trust fund established by section 41‑983.01 and two-thirds of these fees shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund established by section 10‑122.01.

F.  The commission shall provide for and establish an expedited service for the filing of all documents and services provided pursuant to this title as follows:

1.  The expedited filing shall be a priority service to be completed as soon as possible after the documents are delivered to the commission.

2.  In addition to any other fees required by this section or any other law, the commission shall charge a nonrefundable fee for expedited services, including those requested by fax.  The fee shall be determined by a supermajority vote of the commissioners.

3.  The commission may provide for and establish same day and next day services for the filing of any documents and services provided pursuant to this title as follows:

(a)  The same day and next day services shall not be offered unless all expedited services filed pursuant to this title are processed within a maximum of five business days and all other documents and services filed pursuant to this title are processed within a maximum of thirty business days.

(b)  (a)  The commission shall suspend same day or next day service if the commission determines that it does not have the necessary resources to perform the service within the established time period.

(c)  (b)  In addition to any other fees required by this section or any other law, the commissioners may charge a nonrefundable fee for the same day or next day service or both.  The fee shall be determined by a supermajority vote of the commissioners.

4.  The commission shall publicly post the current wait times for processing regular, expedited and same day and next day services.

G.  The commission may charge persons who access the commission's data processing system that is maintained pursuant to section 10‑122.01 from remote locations and persons requesting special computer generated printouts, reports and tapes a reasonable fee that does not exceed the cost of the time, equipment and personnel necessary to provide this service or product as determined by the commission.

H.  Except as provided in section 10‑122.01, subsection B, paragraph 3, in addition to any fee charged pursuant to this section, the commission may charge and collect the following nonrefundable fees to help defray the cost of the improved data processing system that is maintained pursuant to section 10‑122.01:

1.  Filing articles of incorporation of a domestic corporation, ten dollars.

2.  Filing an application of a foreign corporation for authority to transact business in this state, twenty‑five dollars.

I.  All monies received pursuant to subsections F, G and H of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the public access fund established by section 10‑122.01.

J.  Fees charged pursuant to this section are exempt from section 39‑121.03, subsection A, paragraph 3.

K.  Any person may advance monies to the commission to pay fees required pursuant to this section for future filings and services.  All monies received pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the money on deposit account in the public access fund established by section 10‑122.01.

L.  For the purposes of this section, "supermajority" means an affirmative vote of at least four commissioners. END_STATUTE

Sec. 4.  Section 10-122, Arizona Revised Statutes, as amended by Laws 2013, chapter 165, section 1, is amended to read:

START_STATUTE10-122.  Filing, service and copying fees; expedited report filing and access; same day and next day services; posted wait times; advance monies; definition

A.  The commission shall collect and deposit, pursuant to sections 35‑146 and 35‑147, the following nonrefundable fees when the documents described in this subsection are delivered to the commission:

        Document                                         Fee

1.  Articles of incorporation                            $50

2.  Application for use of indistinguishable name        10

3.  Application for reserved name                        10

4.  Notice of transfer of reserved name                  10

5.  Application for registered name                      10

6.  Application for renewal of registered name           10

7.  Agent's statement of resignation                     10

8.  Amendment of articles of incorporation               25

9.  Restatement of articles of incorporation with

      amendment of articles                              25

10.  Articles of merger or share exchange                 100

11.  Articles of dissolution                              25

12.  Articles of domestication                            100

13.  Articles of revocation of dissolution                25

14.  Application for reinstatement following

      administrative dissolution, in addition

      to other fees and penalties due                    100

15.  Application for authority                            150

16.  Application for withdrawal                           25

17.  Annual report                                        45

18.  Articles of correction                               25

19.  Application for certificate of good standing         10

20.  Any other document required or permitted

      to be filed by chapters 1 through  17

      of this title                                      25

B.  The commission shall collect a nonrefundable fee of twenty‑five dollars each time process is served on it under chapters 1 through 17 of this title.  The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding.

C.  The commission shall charge and collect a reasonable fee for copying documents on request, provided the fee does not exceed the cost of providing the service as determined by the commission.  The commission shall also charge a reasonable fee for certifying the copy of a filed document, provided the fee does not exceed the cost of providing the service as determined by the commission.

D.  A penalty of one hundred dollars payable in addition to other fees accrues and is payable if a foreign corporation fails to file an amendment, restated articles that include an amendment, or articles of merger within sixty days of the time of filing in the jurisdiction in which the corporation is domiciled.  The penalty collected pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.

E.  One‑third of the fees for the annual report of domestic and foreign corporations paid pursuant to subsection A, paragraph 17 of this section shall be deposited in the Arizona arts trust fund established by section 41‑983.01 and two-thirds of these fees shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund established by section 10‑122.01.

F.  The commission shall provide for and establish an expedited service for the filing of all documents and services provided pursuant to this title as follows:

1.  The expedited filing shall be a priority service to be completed as soon as possible after the documents are delivered to the commission.

2.  In addition to any other fees required by this section or any other law, the commission shall charge a nonrefundable fee for expedited services, including those requested by fax.  The fee shall be determined by a supermajority vote of the commissioners.

3.  The commission may provide for and establish same day and next day services for the filing of any documents and services provided pursuant to this title as follows:

(a)  The same day and next day services shall not be offered unless all expedited services filed pursuant to this title are processed within a maximum of five business days and all other documents and services filed pursuant to this title are processed within a maximum of thirty business days.

(b)  (a)  The commission shall suspend same day or next day service if the commission determines that it does not have the necessary resources to perform the service within the established time period.

(c)  (b)  In addition to any other fees required by this section or any other law, the commissioners may charge a nonrefundable fee for the same day or next day service or both.  The fee shall be determined by a supermajority vote of the commissioners.

4.  The commission shall publicly post the current wait times for processing regular, expedited and same day and next day services.

G.  The commission may charge persons who access the commission's data processing system that is maintained pursuant to section 10‑122.01 from remote locations and persons requesting special computer generated printouts, reports and tapes a reasonable fee that does not exceed the cost of the time, equipment and personnel necessary to provide this service or product as determined by the commission.

H.  Except as provided in section 10‑122.01, subsection B, paragraph 3, in addition to any fee charged pursuant to this section, the commission may charge and collect the following nonrefundable fees to help defray the cost of the improved data processing system that is maintained pursuant to section 10‑122.01:

1.  Filing articles of incorporation of a domestic corporation, ten dollars.

2.  Filing an application of a foreign corporation for authority to transact business in this state, twenty‑five dollars.

I.  All monies received pursuant to subsections F, G and H of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the public access fund established by section 10‑122.01.

J.  Fees charged pursuant to this section are exempt from section 39‑121.03, subsection A, paragraph 3.

K.  Any person may advance monies to the commission to pay fees required pursuant to this section for future filings and services.  All monies received pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the money on deposit account in the public access fund established by section 10‑122.01.

L.  In addition to any other fees prescribed by law, the commission may establish a fee for the filing of an annual benefit report delivered to the commission pursuant to section 10‑2442.  The fee shall be determined by a majority vote of the commissioners.

M.  For the purposes of this section, "supermajority" means an affirmative vote of at least four commissioners. END_STATUTE

Sec. 5.  Section 29-851, Arizona Revised Statutes, is amended to read:

START_STATUTE29-851.  Filing, service and copying fees; expedited filing and services; same day and next day services; posted wait times; advance monies; definition

A.  The commission shall collect and deposit, pursuant to sections 35‑146 and 35‑147, the following nonrefundable fees when the following documents are delivered to the commission:

1.  The initial articles of organization, fifty dollars.

2.  An application for registration of a foreign limited liability company, one hundred fifty dollars.

3.   An amendment to the articles of organization, twenty‑five dollars.

4.  Articles of termination and a certificate of termination, thirty‑five dollars.

5.  A certificate for any purpose not otherwise provided for, ten dollars.

6.  Articles of merger, fifty dollars.

7.  Written information on any limited liability company, ten dollars.

8.  A copy of any document or instrument, five dollars plus fifty cents per page.

9.  An application for reservation of a name or for filing a notice of the transfer or cancellation of any name reservation, ten dollars.

10.  Five dollars for a statement of change of address of one or more of the following:

(a)  Known place of business.

(b)  Statutory agent.

(c)  Manager.

(d)  Member.

11.  Any service of notice, demand or process on the commission as resident agent of a limited liability company, twenty‑five dollars.  This amount may be recovered as taxable costs by the party to the suit, action or proceeding causing the service to be made if the party prevails in the suit, action or proceeding.

12.  Articles of correction, the fee prescribed in section 10‑122, subsection A, paragraph 18.

13.  Application for reinstatement following administrative dissolution, in addition to other fees and penalties due, the fee prescribed in section 10‑122, subsection A, paragraph 14.

B.  The commission shall provide for and establish an expedited service for the filing of all documents and services provided pursuant to this chapter as follows:

1.  The expedited filing shall be a priority service to be completed as soon as possible after the documents are delivered to the commission.

2.  In addition to any other fees required by this section or any other law, the commission shall charge a nonrefundable fee for expedited services, including those requested by fax.  The fee shall be determined by a supermajority vote of the commissioners.

C.  The commission may provide for and establish same day and next day services for the filing of any documents and services provided pursuant to this chapter as follows:

1.  The same day and next day services shall not be offered unless all expedited services filed pursuant to this chapter are processed within a maximum of five business days and all other documents and services filed pursuant to this chapter are processed within a maximum of thirty business days.

2.  1.  The commission shall suspend same day or next day service if the commission determines that it does not have the necessary resources to perform the service within the established time period.

3.  2.  In addition to any other fees required by this section or any other law, the commissioners may charge a nonrefundable fee for the same day or next day service or both.  The fee shall be determined by a supermajority vote of the commissioners.

D.  The commission shall publicly post the current wait times for processing regular, expedited and same day and next day services.

E.  All monies received pursuant to subsections B and C of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the public access fund established by section 10‑122.01.

F.  Any person may advance monies to the commission to pay fees required pursuant to this section for future filings and services.  All monies received pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the money on deposit account in the public access fund established by section 10‑122.01.

G.  For the purposes of this section, "supermajority" means an affirmative vote of at least four commissioners. END_STATUTE

Sec. 6.  Title 41, chapter 1, article 2.1, Arizona Revised Statutes, is amended by adding section 41-151.24, to read:

START_STATUTE41-151.24.  Museum gift shop revolving fund; exemption

A.  The museum gift shop revolving fund is established consisting of gift shop proceeds received from the sale of goods, gifts, nonfederal grants and donations.  The director shall administer the fund.  Monies in the fund are continuously appropriated.  The director shall use the monies in the fund to provide to the public goods for sale that are reflective of the themes of the state capitol museum and this state.

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

Sec. 7.  Title 41, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 41-610, to read:

START_STATUTE41-610.  Capital projects; federal monies; annual report

On or before November 1 of each year, the department shall submit a report to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting on capital projects for which the department has requested federal monies in the last twelve months. For each project, the report shall include:

1.  The status of the request for and receipt of the federal monies.

2.  The estimated construction start date.

3.  The estimated construction end date.

4.  The fund sources and estimated cost for construction.

5.  The fund sources and estimated ongoing operational cost.END_STATUTE

Sec. 8.  Section 41-3953, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3953.  Department powers and duties

A.  The department is responsible for establishing policies, procedures and programs that the department is authorized to conduct to address the affordable housing issues confronting this state, including housing issues of low income families, moderate income families, housing affordability, special needs populations and decaying housing stock.  Among other things, the department shall provide to qualified housing participants and political subdivisions of this state financial, advisory, consultative, planning, training and educational assistance for the development of safe, decent and affordable housing, including housing for low and moderate income households.

B.  Under the direction of the director, the department shall:

1.  Establish guidelines applicable to the programs and activities of the department for the construction and financing of affordable housing and housing for low and moderate income households in this state.  These guidelines shall meet or exceed all applicable state or local building and health and safety code requirements and, if applicable, the national manufactured home construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P.L. 93‑383, as amended by P.L. 95‑128, 96‑153 and 96‑339).  Guidelines established pursuant to this paragraph do not apply to the department's activities prescribed in section 35‑726, subsection E.

2.  Provide staff support to the Arizona housing commission and coordinate its activities.

3.  2.  Accept and allocate any monies as from time to time may be appropriated by the legislature for the purposes set forth in this article.

4.  3.  Perform other duties necessary to administer this chapter.

5.  4.  Perform the duties prescribed in sections 35‑726, 35‑728 and 35‑913 and chapter 4.3 of this title.

6.  5.  Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with the agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.

7.  6.  Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives.

8.  7.  Provide information and advice on request of any local, state or federal agencies, private persons and business enterprises on matters within the scope of department activities.

9.  8.  Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.

10.  9.  Make annual reports to the governor and the legislature on its activities, including the geographic location of its activities, its finances and the scope of its operations.

C.  Under the direction of the director, the department may:

1.  Assist in securing construction and mortgage financing from public and private sector sources.

2.  Assist mortgage financing programs established by industrial development authorities and political subdivisions of this state.

3.  Assist in the acquisition and use of federal housing assistance programs pertinent to enhance the economic feasibility of a proposed residential development.

4.  Assist in the compliance of a proposed residential development with applicable federal, state and local codes and ordinances.

5.  Prepare and publish planning and development guidelines for the establishment and delivery of housing assistance programs.

6.  Contract with a federal agency to carry out financial work on the federal agency's behalf and accept payment for the work.

7.  Subcontract for the financial work prescribed in paragraph 6 of this subsection and make payments for that subcontracted work based on the expectation that the federal agency will pay for that work.

8.  Accept payment from a federal agency for work prescribed in paragraph 6 of this subsection and deposit those payments in the Arizona department of housing program fund established by section 41‑3957.

9.  Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties.

10.  Contract for and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties.

11.  Use any media of communication, publication and exhibition in the dissemination of information, advertising and publicity in any field of its purposes, objectives or duties.

12.  Adopt rules deemed necessary or desirable to govern its procedures and business.

13.  Contract with other agencies in furtherance of any department program.

14.  Use monies, facilities or services to provide contributions under federal or other programs that further the objectives and programs of the department.

15.  Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of this article and deposit these monies in the Arizona department of housing program fund established by section 41‑3957.

16.  Establish and collect fees and receive reimbursement of costs in connection with any programs or duties performed by the department and deposit the fees and cost reimbursements in the Arizona department of housing program fund established by section 41‑3957.

17.  Provide staff support to the Arizona housing finance authority and coordinate its activities.

D.  For the purposes of this section, the department is exempt from chapter 23 of this title.

E.  The department is the designated state public housing agency as defined in the United States housing act of 1937 (42 United States Code sections 1401 through 1440) for the purpose of accepting federal housing assistance monies and may participate in the housing assistance payments program.  Federal monies may be secured for all areas of this state subject only to the limitations prescribed in subsection F of this section.

F.  For areas of this state where an existing public housing authority has not been established pursuant to section 36‑1404, subsection A, the department acting as a public housing agency may undertake all activities under the section 8 tenant‑based rental housing assistance payment program, except that the department shall not undertake a section 8 tenant‑based rental housing assistance payment program within the boundaries of a city, town or county unless authorized by resolution of the governing body of the city, town or county.  If the department accepts monies for a section 8 tenant‑based rental housing assistance payment program for areas of this state where an existing public housing authority has been established pursuant to section 36‑1404, subsection A, the department shall only accept and secure federal monies to provide housing for the seriously mentally ill or other disabled populations.  The department may accept and secure federal monies for undertaking all contract administrator activities authorized under a section 8 project‑based rental housing assistance payment program in all areas of this state, and this participation does not require the authorization of any local governing body.

G.  The department shall not itself directly own, construct, operate or rehabilitate any housing units, except as may be necessary to protect the department's collateral or security interest arising out of any department programs.

H.  Notwithstanding any other provision of this section, the department may obligate monies as loans or grants applicable to programs and activities of the department for the purpose of providing housing opportunities for low or moderate income households or for housing affordability or to prevent or combat decaying housing stock.  Unless otherwise required by federal or state law, any loan repayments shall be deposited in the Arizona department of housing program fund established by section 41‑3957.

I.  For any construction project financed by the department pursuant to subsection C of this section, except for contract administration activities in connection with the project‑based section 8 program, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government.  The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations. END_STATUTE

Sec. 9.  Repeal; housing commission

Section 41-3954, Arizona Revised Statutes, is repealed.

Sec. 10.  Laws 2008, chapter 291, section 9, as amended by Laws 2010, chapter 313, section 16 and Laws 2011, chapter 343, section 25, is amended to read:

Sec. 9.  Delayed implementation; professional employer organization registration; retroactivity

A.  Notwithstanding any other law, the secretary of state shall not implement title 23, chapter 3, article 4, Arizona Revised Statutes, relating to professional employer organization registration, or any rules adopted pursuant to title 23, chapter 3, article 4, Arizona Revised Statutes, until July 1, 2013 June 30, 2023.

B.  This section, is effective as amended by this act, applies retroactively to from and after February 29, 2008 June 30, 2013.

Sec. 11.  Arizona centennial special plate fund; allocation; secretary of state; fund use; reversion; retroactivity

A.  Notwithstanding section 28‑2448, Arizona Revised Statutes, any monies transferred to the Arizona historical society in fiscal year 2012‑2013 pursuant to section 28‑2448, subsection E, Arizona Revised Statutes, shall revert to the Arizona centennial special plate fund established by section 28‑2448, Arizona Revised Statutes, on the effective date of this section.

B.  Notwithstanding section 28‑2448, Arizona Revised Statutes, before allocating any monies pursuant to section 28‑2448, subsection E, Arizona Revised Statutes, in fiscal year 2013‑2014, the department of transportation shall allocate the first $135,000 from the Arizona centennial special plate fund established by section 28‑2448, Arizona Revised Statutes, including fund balances and new revenues, to the Arizona historical advisory commission for the purpose of completing and transporting the statue authorized by house joint resolution 2001, forty‑eighth legislature, second regular session.

C.  Notwithstanding any other law, the secretary of state may authorize the Arizona historical advisory commission to use up to $65,000 of in‑kind gifts, donations, devises or fee‑based monies generated by either the Arizona state library, archives and public records or the secretary of state's office from fiscal year 2012‑2013 or 2013‑2014 for the purposes of completing and transporting the statue authorized by house joint resolution 2001, forty‑eighth legislature, second regular session.

D.  The monies allocated pursuant to subsection B of this section and authorized pursuant to subsection C of this section shall not be used for more than fifty per cent of the total cost of completing and transporting the statue authorized by house joint resolution 2001, forty‑eighth legislature, second regular session.

E.  Any monies allocated pursuant to subsection B of this section that are unencumbered and unexpended as of June 30, 2014 shall revert to the Arizona centennial special plate fund established by section 28‑2448, Arizona Revised Statutes.

F.  This section is effective retroactively to July 1, 2013.

Sec. 12.  Board of massage therapy; transfer of monies; retroactivity

A.  All monies remaining in the separate account established for the board of massage therapy in the naturopathic physicians medical board fund pursuant to section 32‑1505, Arizona Revised Statutes, on July 1, 2013 are transferred to the board of massage therapy fund established by section 32‑4205, Arizona Revised Statutes, as added by Laws 2013, chapter 108, section 5.

B.  This section is effective retroactively to July 1, 2013.

Sec. 13.  Alarm business certificates and alarm agent certificates; retroactivity

A.  Notwithstanding sections 32-122.05 and 32-122.06, Arizona Revised Statutes, on or before June 30, 2014, the state board of technical registration may issue alarm business certificates and alarm agent certificates that are valid for either one year or two years from the date of issuance at the executive director's discretion.

B.  This section is effective retroactively to from and after May 1, 2013.

Sec. 14.  Department of economic security; drug testing; TANF cash benefits recipients

During fiscal year 2013‑2014, the department of economic security shall screen and test each adult recipient who is otherwise eligible for temporary assistance for needy families cash benefits and who the department has reasonable cause to believe engages in the illegal use of controlled substances.  Any recipient who is found to have tested positive for the use of a controlled substance that was not prescribed for the recipient by a licensed health care provider is ineligible to receive benefits for a period of one year.

Sec. 15.  Delayed effective date

Section 10‑122, Arizona Revised Statutes, as amended by Laws 2013, chapter 165, section 1 and this act, is effective from and after December 31, 2014.

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