ARIZONA STATE SENATE
RESEARCH STAFF
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BILL BOYD LEGISLATIVE RESEARCH ANALYST GOVERNMENT INSTITUTIONS COMMITTEE VETERANS & MILITARY AFFAIRS COMMITTEE Telephone: (602) 926 -3171 Facsimile: (602) 926 -3833 |
APPROPRIATIONS COMMITTEE
DATE: May 20, 2009
SUBJECT: Strike everything amendment to S.B. 1035, relating to general government
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Purpose
Makes necessary statutory and session law changes relating to general government to implement the FY 2009-2010 budget.
Background
The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted.
The strike everything amendment to S.B. 1035 contains the budget reconciliation provisions for changes relating to general government.
Provisions
Establishing Lawful Presence
1. Requires a recipient of federal and state public benefits (benefit) to present one of the following demonstrating lawful presence to the entity that administers the benefit:
a) an Arizona driver’s license issued after 1996 or an Arizona nonoperating identification license;
b) a birth certificate, delayed birth certificate or United States certificate of birth abroad;
c) a United States passport or foreign passport with a United States visa;
d) an I-94 travel authorization with a photograph;
e) a United States Citizenship and Immigration Services employment authorization document or refugee travel document;
f) a United States certificate of naturalization or certificate of citizenship; or
g) a tribal certificate of Indian blood or Bureau of Indian Affairs affidavit of birth.
2. Requires applicants for benefits to sign a sworn affidavit attesting to the validity of the presented document.
3. Establishes the failure to report violations of federal immigration law by an employee of the state that administers any federal or state public benefit as a class 2 misdemeanor.
4. States that a resident of Arizona has standing in any court of record to bring suit against agents or agencies of the state who fail to require that a public benefit recipient demonstrate their lawful presence in the United States.
Miscellaneous
5. Establishes, in FY 2009-2010, Public Safety Personnel Retirement System (PSPRS) employee contribution rates at the lesser of 9.58 percent or one-half of the employer and employee contribution rate percentage combined unless the employer contribution rate is less than or equal to 7.65 percent.
6. Establishes, in FY 2009-2010, Corrections Officer Retirement Plan (CORP) employee contribution rates at the lesser of 10.34 percent or one-half of the employer and employee contribution rate percentage combined unless the employer contribution rate is actuarially determined to be less than or equal to 8.41 percent.
7. Establishes, in FY 2009-2010, CORP employee contribution rates for dispatchers at the lesser of 9.89 percent or one half of the employer and employee contribution rate percentage combined unless the employer contribution rate is actuarially determined to be less than or equal to 8.41 percent.
8. Establishes, in FY 2009-2010, Elected Officials’ Retirement Plan (EORP) employee contribution rates at the lesser of 8.93 percent or one half of the employer and employee contribution rate percentage combined.
9. Reduces, in FY 2009-20010, PSPRS, CORP and EORP employer contribution rates by an amount that is equal to the revised employee contribution rate minus the employee’s statutorily fixed contribution rate.
10. Eliminates a FY 2009-2010 appropriation of $25 million to the Arizona Twenty-First Century Competitive Initiative Fund.
11. Eliminates the Department of Administration’s ability to enter into a lease purchase agreement for the design and construction of a state emergency operations center.
12. Allows appropriations for all budget units in FY 2009-2010 to be limited to one fiscal year.
13. Reduces the appropriation to the Department of Commerce for the Military Installation Fund by $4.8 million in FY 2009-2010.
14. Limits the aggregate amounts of liabilities incurred by the state during a declaration of emergency in FY 2009-2010 to $3.5 million.
15. Limits the allowable transfer of monies to the Tourism Fund to $10.6 million in FY 2009-2010.
16. Requires nonlapsing, unexpended and unencumbered monies that remain at the close of FY 2009-2010 to be included in the state General Fund balance.
17. Requires unrestricted federal monies received from July 1, 2009, through June 30, 2010, to be deposited in the state General Fund.
18. Prohibits a state agency from conducting rulemaking that would result in increased monetary or regulatory costs on other state agencies, political subdivisions, businesses or individuals in FY 2009-2010.
19. Allows a state agency to conduct rulemaking to avoid a violation of a court order or federal law that would result in sanctions to a state agency in FY 2009-2010 or to prevent an imminent threat to the public health or safety.
20. Prohibits all state agencies, including universities and community colleges, from purchasing or renewing wireless communication devices and services during FY 2009-2010.
21. Requires agencies receiving monies from the American Recovery and Reinvestment Act of 2009 to provide a report on the agency’s use of those monies to the Joint Legislative Budget Committee.
22. Excludes classified civil service employees of a county furloughed to address budget shortfalls from the suspension or reduction in rank appeals process.
23. Modifies the cap for Aviation Fund grants from ten percent of the fund balance to ten percent of the average revenues for the previous three years.
24. Eliminates, for applicants for initial nursing assistant certification, state funding for federal criminal background checks.
25. Allows the Secretary of State to publish the Landlord and Tenant Act online.
26. Requires all new employees of the Secretary of State’s office to be classified as exempt from the state personnel system.
27. States that the Legislature reserves the exclusive power, authority and jurisdiction to set forth statewide policy except where the Legislature has delegated authority to other agencies and utility rate setting to the extent delegated by the Arizona Constitution to other agencies, departments or political subdivisions of the state.
28. Allows a state agency to require employees to work reduced hours in FY 2009-2010.
29. Changes, for FY 2009-2010, the timing of mutual fund notice filing fee deposits to the state General Fund from continuously deposited to February 1, 2010, and June 30, 2010.
30. Establishes the Tax Policy Advisory Committee (TPAC) consisting of the following members:
a) four members of the Senate, appointed by the President of the Senate;
b) four members of the House of Representatives, appointed by the Speaker of the House of Representatives;
c) one person who represents incorporated cities or towns, appointed by the President of the Senate;
d) one person who represents counties, appointed by the Speaker of the House of Representatives;
e) one person who represents school districts, appointed by the President of the Senate;
f) one person who represents a statewide taxpayer organization, appointed by the President of the Senate;
g) one person who represents the general public, appointed by the Speaker of the House of Representatives; and
h) two people who represent the business community, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives.
31. Stipulates that of the four members appointed by the President of the Senate and the Speaker of the House of Representative, no more than three may be from the same political party, and one must be the chairman of the House of Representatives Ways and Means Committee and one must be the chairman of the Senate Finance Committee.
32. Requires the TPAC to study and make recommendations on state fiscal policy, including specific consideration of expansion of state resources and economic development strategies.
33. Requires the TPAC to report its findings and recommendations to the President of the Senate, the Speaker of the House of Representatives and the Governor by September 15, 2010.
34. Establishes the Arizona Budget Policy Advisory Committee (BPAC) consisting of the following members:
a) four members of the Senate, appointed by the President of the Senate;
b) four members of the House of Representatives, appointed by the Speaker of the House of Representatives;
c) one person who represents school districts, appointed by the President of the Senate;
d) one person who represents community colleges, appointed by the Speaker of the House of Representatives;
e) one person who represents a major state agency, appointed by the President of the Senate;
f) one person who represents a statewide taxpayer organization, appointed by the President of the Senate;
g) one person who represents the general public, appointed by the Speaker of the House of Representatives; and
h) two people who represent the business community, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives.
35. Stipulates that of the four members appointed by the President of the Senate and the Speaker of the House of Representative, no more than three may be from the same political party, and one must be the chairman of the House of Representatives Appropriations Committee and one must be the chairman of the Senate Appropriations Committee.
36. Requires the BPAC to study and make recommendations on the expenditure policies of Arizona, including specific consideration to integrating services and eliminating duplicative programs.
37. Requires the BPAC to report its findings and recommendations to the President of the Senate, the Speaker of the House of Representatives and the Governor by September 15, 2010.
38. Makes technical and conforming changes.
39. Becomes effective on the general effective date.
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