SB1529 - 522R

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

Section 1. Section 35-191, Arizona Revised Statutes, is amended to read:

START_STATUTE35-191. Administrative adjustment; refunds; presentation and disposition of claims; report; exemption

A. A claim against this state arising out of contractual relations which that has not been paid because of failure to file within the time prescribed by law, or because of any other technical defect not affecting the validity or the contractual liability of this state, is subject to administrative adjustment as provided in this section. A claim against this state arising from orders for goods or services made in one fiscal year and received in the next fiscal year is subject to administrative adjustment as provided in this section if written documentation is provided by the ordering budget unit and written approval is granted by the director of the department of administration. The budget unit shall keep on file the written documentation and authorization by the director.

B. If a claim from the prior fiscal year is presented within one year and if sufficient funds remain in the reverted appropriation to pay the claim, the department of administration, upon on approval of the claim, shall draw a warrant in payment of the claim and the warrant shall be paid out of the fund to which the unused appropriation reverted.

C. If a claim is presented which that is more than one fiscal year and less than four fiscal years old and if sufficient funds remain in the reverted appropriation to pay the claim, the department of administration shall present the claim to the legislature requesting an appropriation of monies sufficient for payment of the claim.

D. Claims A claim of three hundred dollars or less from a prior fiscal year presented for payment by June 30 of the fourth subsequent fiscal year may be paid out of an available current year appropriation of the requesting agency budget unit if it the claim is determined to be in the best interest of this state and is approved by the director of the department of administration.

E. A claim for refund on any fee, license, permit or erroneous payment, the revenue having been placed in any separate fund, or the state general fund, is subject to this section if no specific provision for refund is prescribed by law. If a claim for refund is approved, payment shall be made out of any unexpended or unappropriated balance in the separate fund or the state general fund.

F. If this state's liability cannot be determined until a subsequent fiscal year but is resolved administratively after one fiscal year, the claim shall be paid from the appropriation for the year in which the liability is determined in accordance with the procedures established by the department of administration.

G. All claims filed under the provisions of this section shall be presented to the department of administration in the manner prescribed by law and procedures established by the department of administration for presentation and audit of claims.

H. On or before November 1 of each year, the director of the department of administration shall submit a report to the director of the joint legislative budget committee listing the written approvals granted by the director of the department of administration for administrative adjustment of orders for goods or services made in one fiscal year and received on or after August 31 of the next fiscal year.

H. I. The provisions of This section do does not apply to a claim for damages for injury to a person or property and or to any claim if the goods or services were received four fiscal years prior to the presentation of the claim. END_STATUTE

Sec. 2. Section 41-1304, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1304. Powers and duties

A. The legislative council shall:

1. Provide bill drafting, research and other services to the legislature deemed necessary or advisable by the council to improve the quality of legislation and to ensure full participation by the legislative branch in determining and reviewing policy and the administration of state affairs.

2. Adopt rules and formulate policies for the administration of this article and for the conduct of the affairs of the council.

3. Appoint clerical, stenographic, technical and professional assistants deemed necessary or advisable to carry out the provisions of this article, fix their compensation and prescribe their powers and duties.

4. Consult with state departments or officers engaged in carrying out construction programs authorized by law, and investigate the conduct of the programs, with particular reference to the plans for and type of construction.

5. 4. Maintain a legislative reference library~~, containing legal, statistical and descriptive data and authoritative philosophical and scientific treatises on current and potential legislative subjects~~.

6. 5. Procure information at the request of members of the legislature ~~or state officers~~ on any legislative subject.

7. 6. Prepare or revise bills and other legislative measures for members or committees of the legislature and, on request of a member of the legislature, for state officers and agencies.

8. 7. Prepare and issue styles and forms for drafting bills, amendments and other legislative measures for the use of the legislature, state officers and persons interested in drafting amendments and bills or measures for introduction in the legislature. The styles and forms for drafting amendments shall be developed and adopted in consultation and cooperation with the senate and the house of representatives.

9. 8. Prepare and file with the secretary of state, not later than sixty days preceding the regular primary election, an analysis of the provisions of each ballot proposal of a measure or proposed amendment.

B. The legislative council may purchase, lease and otherwise acquire land and buildings and make improvements to land and buildings it acquires or uses for the purpose of providing suitable facilities for the use of the legislative department. The council may obtain operational and maintenance assistance for any legislative facilities without charge from the department of administration, may obtain security assistance from the department of public safety, may employ personnel to discharge operational, maintenance and security functions or may contract for outside services payable from council appropriations.

C. the legislative council shall pay legal fees incurred jointly by the house of representatives and the senate on the authorization of the speaker of the house of representatives and the president of the senate. END_STATUTE

Sec. 3. Section 41-3504, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3504. Powers and duties of the department; violation; classification

A. The department shall:

1. Develop, implement and maintain a coordinated statewide plan for information technology. This includes:

(a) Adopting statewide technical, coordination and security standards for information technology.

(b) Serving as statewide coordinator for information technology resources.

(d) Developing a list of approved department projects by priority category.

(e) Developing a detailed list of information technology assets that are owned, leased or employed by this state.

(f) Evaluating and either approving or disapproving budget unit information technology plans. Budget units shall submit information technology plans that include quality assurance plans and disaster recovery plans to the department each year on or before September 1. The legislative and judicial departments of state government shall submit information technology plans for information purposes.

(g) Evaluating specific information technology projects relating to the approved budget unit and statewide information technology plans. The department shall approve or reject projects with total costs of at least twenty‑five thousand dollars but not more than one million dollars and may establish conditional approval criteria, including procurement purchase authority. If the total project costs exceed one million dollars, the department shall evaluate the project and make recommendations to the information technology authorization committee. If the total project costs exceed five million dollars, the department shall require the budget unit to contract with an independent third party for review of and guidance on the technology approach, scope, estimated cost, timeline for completion and overall feasibility of the project before making recommendations to the information technology authorization committee. On or before the thirtieth day following the last day of each calendar quarter, the budget unit shall submit a report from the independent third party to the information technology authorization committee and the joint legislative budget committee REGARDING the progress of each ongoing project. As part of a budget request for an information technology project that has total costs of at least twenty‑five thousand dollars, a budget unit shall indicate the status of review by the department. Projects shall not be artificially divided to avoid review by the department.

2. Require that budget units incorporate a life cycle life‑cycle analysis into the information technology planning, budgeting and procurement processes.

3. Require that budget units demonstrate expertise to carry out information technology plans, either by employing staff or contracting for outside services.

4. Monitor information technology projects that the department considers to be major or critical, including expenditure and activity reports and periodic review.

5. Temporarily suspend the expenditure of monies if the department determines that the information technology project is at risk of failing to achieve its intended results or does not comply with the requirements of this section.

6. Continuously study emergent technology and evaluate its impact on this state's system.

7. Advise each budget unit as necessary and report to the committee on an annual basis.

8. Provide to budget units information technology consulting services it deems necessary, either directly or by procuring outside consulting services.

9. Maintain all otherwise confidential information received from a budget unit pursuant to this section as confidential.

10. Provide staff support to the committee.

11. Subject to section 35‑149, accept, spend and account for grants, monies and direct payments from public or private sources and other grants of monies or property for the conduct of programs that it deems consistent with the government information technology purposes and objectives of the department.

12. Adopt rules it deems necessary or desirable to further the government information technology objectives and programs of the department.

13. Formulate policies, plans and programs to effectuate the government information technology purposes of the department.

14. Advise and make recommendations to the governor and the legislature on all matters concerning its objectives.

15. Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any public or private party.

16. Have an official seal that shall be judicially noticed.

17. On or before December 31, 2015, establish an interactive online directory of codes, rules, ordinances, if available electronically, and statutes to assist individuals and businesses with regulatory requirements and obligations. As provided in this paragraph, counties, municipalities and budget units shall submit information in a manner and format prescribed by the agency.

B. The department shall advise the judicial and legislative branches of state government concerning information technology.

C. The department may examine all books, papers, records and documents in the office of any budget unit and may require any state officer of the budget unit to furnish information or statements necessary to carry out this chapter.

D. The director, any member of the director's staff or any employee who knowingly divulges or makes known in any manner not permitted by law any particulars of any confidential record, document or information is guilty of a class 5 felony. END_STATUTE

Sec. 4. State lottery fund; use

Lottery ticket sales commissions in the amount of $27,227,600 earned beginning January 1, 2015 through June 30, 2015 shall be paid only from the fiscal year 2014-2015 ending balance of the state lottery fund established by section 5-571, Arizona Revised Statutes.

Sec. 5. Unrestricted federal monies; essential government services

Any unrestricted federal monies received by this state beginning July 1, 2016 through June 30, 2017 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 2016‑2017

Notwithstanding section 41‑792.01, subsection D, Arizona Revised Statutes, the capital outlay stabilization fund rental rates for state‑owned buildings in fiscal year 2016‑2017 are $13.08 per square foot for office space and $4.74 per square foot for storage space.

Sec. 7. Department of administration; sale of certain state property; report

If the department of administration disposes of the property located on East Doubletree Ranch Road in Scottsdale, or any right, title or other interest in the property, the department shall report the terms and conditions of the transaction, including the sale price, if any, to the joint legislative budget committee within thirty days after the transaction.

Sec. 8. Annual budgets

A. Notwithstanding section 35‑121, Arizona Revised Statutes, for fiscal year 2018‑2019, appropriations for all budget units may be limited to one fiscal year.

B. Notwithstanding section 35-111, Arizona Revised Statutes, the governor shall submit a budget only for the next fiscal year not later than five days after the regular session of the legislature convenes in 2017.

C. Notwithstanding section 35-113, Arizona Revised Statutes, the head of each budget unit shall submit a budget estimate only for the next fiscal year in calendar year 2016.

Sec. 9. Budget stabilization fund; exceptions

Notwithstanding section 35‑144, Arizona Revised Statutes, for fiscal years 2016‑2017, 2017‑2018 and 2018‑2019, the legislature is not required to appropriate monies to or transfer monies from the budget stabilization fund.