Bill Text: AZ SB1525 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: State budget procedures; 2012-2013.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-05-07 - Governor Signed [SB1525 Detail]
Download: Arizona-2012-SB1525-Introduced.html
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REFERENCE TITLE: state budget procedures; 2012-2013. |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1525 |
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Introduced by Senators Shooter, Biggs, Pierce S (with permission of Committee on Rules)
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AN ACT
Amending section 41-791, Arizona Revised Statutes, as amended by Laws 2011, chapter 27, section 29; amending section 41-791, Arizona Revised Statutes, as amended by Laws 2011, chapter 27, section 29 and chapter 157, section 17; amending section 41-792.01, Arizona Revised Statutes; repealing Laws 2011, chapter 26, section 13; relating to state budget procedures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-791, Arizona Revised Statutes, as amended by Laws 2011, chapter 27, section 29, is amended to read:
41-791. Powers and duties relating to public buildings maintenance; compensation of personnel
A. The department is responsible for the direction and control of public buildings maintenance as prescribed in this article.
B. The department is responsible for the allocation of space, operation, alteration, renovation and security of the following buildings:
1. The state capitol executive tower of the state capitol building.
2. The state office buildings in Tucson.
3. The state office buildings located at:
(a) 519 East Beale Street in Kingman.
(b) 2910 North 44th Street in Phoenix.
(c) 417 West Roosevelt Street in Phoenix.
(d) 9535 East Doubletree Ranch Road in Scottsdale.
(e) 9545 East Doubletree Ranch Road in Scottsdale.
3. 4. All other buildings owned or leased by the state and located near the state capitol building and the state office buildings in Tucson, except for:
(a) Buildings occupied, operated and maintained by the following state agencies:
(i) The department of transportation.
(ii) The Arizona power authority.
(iii) The state compensation fund.
(b) The state capitol museum, the legislative services wing and the house of representatives and senate wings of the state capitol building.
(c) The department of economic security facilities purchased with federal funding assistance and exclusively and continuously operated and maintained for its own occupancy.
(d) The Arizona courts building.
C. The department is responsible for the maintenance of the following buildings and grounds:
1. The entire state capitol building and the grounds adjacent to it.
2. The state office buildings in Tucson and the grounds adjacent to them.
3. Other buildings and grounds owned or leased by the state if the function is not otherwise assigned, except for the interior of the Arizona courts building.
D. The director may establish rules for the operation, maintenance and security of buildings and grounds under the director's jurisdiction.
E. The department shall:
1. Employ engineers and maintenance and operations personnel as required, including a buildings manager for the state office buildings in Tucson.
2. Determine the hours of duty and assignment of personnel.
F. All personnel employed under this article are eligible to receive compensation as determined under section 38‑611.
Sec. 2. Section 41-791, Arizona Revised Statutes, as amended by Laws 2011, chapter 27, section 29 and chapter 157, section 17, is amended to read:
41-791. Powers and duties relating to public buildings maintenance; compensation of personnel
A. The department is responsible for the direction and control of public buildings maintenance as prescribed in this article.
B. The department is responsible for the allocation of space, operation, alteration, renovation and security of the following buildings:
1. The state capitol executive tower of the state capitol building.
2. The state office buildings in Tucson.
3. The state office buildings located at:
(a) 519 East Beale Street in Kingman.
(b) 2910 North 44th Street in Phoenix.
(c) 417 West Roosevelt Street in Phoenix.
(d) 9535 East Doubletree Ranch Road in Scottsdale.
(e) 9545 East Doubletree Ranch Road in Scottsdale.
3. 4. All other buildings owned or leased by the state and located near the state capitol building and the state office buildings in Tucson, except for:
(a) Buildings occupied, operated and maintained by the following state agencies:
(i) The department of transportation.
(ii) The Arizona power authority.
(b) The state capitol museum, the legislative services wing and the house of representatives and senate wings of the state capitol building.
(c) The department of economic security facilities purchased with federal funding assistance and exclusively and continuously operated and maintained for its own occupancy.
(d) The Arizona courts building.
C. The department is responsible for the maintenance of the following buildings and grounds:
1. The entire state capitol building and the grounds adjacent to it.
2. The state office buildings in Tucson and the grounds adjacent to them.
3. Other buildings and grounds owned or leased by the state if the function is not otherwise assigned, except for the interior of the Arizona courts building.
D. The director may establish rules for the operation, maintenance and security of buildings and grounds under the director's jurisdiction.
E. The department shall:
1. Employ engineers and maintenance and operations personnel as required, including a buildings manager for the state office buildings in Tucson.
2. Determine the hours of duty and assignment of personnel.
F. All personnel employed under this article are eligible to receive compensation as determined under section 38‑611.
Sec. 3. Section 41-792.01, Arizona Revised Statutes, is amended to read:
41-792.01. Capital outlay stabilization fund; authorization for collection of rental; basis of payment; distribution of monies collected; transfer of payment; lease‑purchase building operating and maintenance fund; definition
A. The capital outlay stabilization fund is established which shall consist of monies paid into it in accordance with subsections D and F of this section and legislative appropriations to the account. All monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. The director shall make a recommendation for the allocation of a varying sum to the capital outlay stabilization fund each year. No part of the fund may be expended without specific appropriation from the legislature.
C. Each state department and each state agency when using space under the jurisdiction of the department as prescribed in section 41‑791 or when using space in a building owned by or leased to the state shall pay rental and tenant improvement labor costs as prescribed in subsection D, E or F of this section.
D. The rental rates authorized for agencies occupying state-owned buildings shall be determined by the joint committee on capital review after recommendation by the director before July 1 of each even‑numbered year. The rental is payable whether the state department or state agency is funded in whole or in part by state monies. The department of administration shall transfer the entire amount of the rental fee assessed on a state agency from the agency account into the capital outlay stabilization fund promptly at the start of each fiscal year. During the remainder of the fiscal year, the department of administration shall calculate pro rata adjustments to the rental fee on a monthly basis to reflect any changes in the occupancy of state-owned buildings. The department of administration shall transfer the amount of the rental fee adjustment assessed on a state agency from the agency account into the capital outlay stabilization fund. The rental fee authorized for state agencies occupying state-owned buildings is the greater of the amount included in each agency's annual operating budget as reported by the staff of the joint legislative budget committee or the pro rata adjusted amount based on actual occupancy. The director of the department of administration may authorize an exemption for periods of one year or more at a time for a state agency from the full payment account transfer requirements of this subsection if the agency can demonstrate a practice of making full payment of rent on a different basis necessitated by its cash flow. If a state agency does not have the financial resources for state-owned space, or does not occupy or vacates state-owned space after the beginning of the fiscal year, the director of the department of administration, on recommendation of the joint committee on capital review, may authorize a whole or partial exemption from payment of the rental fee.
E. The rental authorized for state agencies occupying state leased buildings shall be the greater of the amount included in each agency's annual operating budget as reported by the staff of the joint legislative budget committee or the pro rata adjusted amount based on actual occupancy. The rental amount shall include the amount necessary to pay the lease or lease‑purchase obligation and may include the amount necessary to pay operating costs associated with the lease‑purchase buildings. The rental is payable whether the state department or state agency is funded in whole or in part by state monies. At the start of each fiscal year, the department of administration shall transfer the entire amount of the rental fee assessed on a state agency from the agency account into the department of administration's funds established for the purposes of this subsection. The department shall transfer from the applicable state agency budgets to the lease‑purchase building operating and maintenance fund established in subsection I of this section amounts necessary to pay all operating costs associated with a lease‑purchase building in the amounts reported by the staff of the joint legislative budget committee. During the remainder of the fiscal year, the department of administration shall calculate pro rata adjustments to the rental fee on a monthly basis to reflect any changes in the occupancy of state leased buildings. The director of the department of administration may authorize an exemption for a state agency from the full payment account transfer requirements of this subsection for one year periods or longer periods if the agency can demonstrate a practice of making full payment of rent on a different basis necessitated by its cash flow. If a state agency does not have the financial resources for state leased space, or does not occupy or vacates state leased space after the beginning of the fiscal year, the director of the department of administration, on recommendation of the joint committee on capital review, may authorize a whole or partial exemption from payment of the rental fee.
F. The department shall charge state agencies for the full costs of labor services it provides to accomplish tenant improvement projects within a building owned by or leased to the state. Charges for this labor shall be deposited in the capital outlay stabilization fund.
G. State universities, community colleges and the department of transportation are exempt from the provisions of this section, except when these state agencies are using space under the jurisdiction of the department of administration.
H. The department shall not begin to charge rental or tenant improvement labor costs as prescribed in subsection D, E or F of this section until July 1, 2012 for any buildings operated by the secretary of state primarily for the purpose of storing, managing or preserving a large amount of public records or archival material.
I. The lease‑purchase building operating and maintenance fund is established consisting of monies transferred into it in accordance with subsection E of this section. All monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. Monies in the fund are subject to legislative appropriation.
J. For the purposes of this section, buildings leased by this state through the sale and lease‑back deficit financing mechanism are considered state-owned buildings.
J. K. For the purposes of this section, "state department" or "state agency" means any department or agency of the executive or judicial branch of state government.
Sec. 4. Repeal; retroactivity
A. Laws 2011, chapter 26, section 13 is repealed.
B. This section is effective retroactively to from and after June 28, 2012.
Sec. 5. Unrestricted federal monies
Any unrestricted federal monies received by this state from July 1, 2012 through June 30, 2013 shall be deposited in the state general fund. The monies shall be used for the payment of essential governmental services.
Sec. 6. Rental rates; state-owned buildings; fiscal year 2012‑2013; intent
Notwithstanding section 41‑792.01, subsection D, Arizona Revised Statutes, as amended by this act, the capital outlay stabilization fund rental rates for state‑owned buildings in fiscal year 2012‑2013 shall decrease from $15.08 per square foot for office space to $13.82 per square foot and from $5.47 per square foot for storage space to $5.01 per square foot. It is the intent of the legislature that the square footage calculations be based on the methodology currently used by the department of administration.
Sec. 7. Annual budgets
Notwithstanding section 35‑121, Arizona Revised Statutes, for fiscal year 2012‑2013, appropriations for all budget units may be limited to one fiscal year.
Sec. 8. Effective date
Section 41-791, Arizona Revised Statutes, as amended by Laws 2011, chapter 27, section 29 and chapter 157, section 17 and this act, is effective from and after December 31, 2012.
