Assigned to NRRA                                                                                                                          FOR COMMITTEE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FACT SHEET FOR H.B. 2728

state land for cemeteries

Purpose

            Authorizes the State Land Department (SLD) Commissioner to sell or convey title to state sovereign land for a nonprofit cemetery, if specific conditions apply.

Background

            In 1915, the SLD was created and given authority over all state trust lands and the natural products derived from the land. The mission of SLD is to manage state lands and maximize revenues for the beneficiaries in accordance with the Arizona Constitution and the Enabling Act of 1910.

            Sovereign land is land owned by the state but is not part of the trust land granted to Arizona at statehood. The trust obligations contained in the Arizona Constitution have no direct relationship to the management of sovereign lands. The Arizona Constitution requires that all lands, except for Federal Emergency Management Administration (FEMA) lands, managed by the state be conveyed in accordance with the Enabling Act, which includes posting and advertising sale or conveyance for ten weeks in appropriate publications.

            The Land Conservation and Transfer Section (LCTS) of SLD administers the Arizona Preserve Initiative Program, the Sovereign Lands Management Program and State-Federal Land Management Programs, including congressionally approved land condemnations. LCTS is responsible for three of the four types of sovereign lands: 169 acres of FEMA lands, 24 acres of land from other state agencies and 82 acres of escheat (deeded) lands. 

            The land being conveyed by this bill is located in Skull Valley, Arizona. According to the SLD, the land is Arizona Department of Transportation sovereign land, but not land managed by the SLD.

            There is no anticipated impact to the state General Fund associated with this measure.

Provisions

1. Authorizes the SLD Commissioner to sell or convey title to state land not held in trust to a nonprofit cemetery adjacent to state land.

2. Requires that the land be conveyed as a single contiguous parcel of at least five acres.

3. Requires the conveyance to permanently restrict the use of the land for a public cemetery or for veterans of the United States military services or both and to establish permanent, reasonable public access to the land.

4. Allows the state land to be conveyed for no or nominal consideration.

5. Becomes effective on the general effective date.

House Action

NRA               2/20/06     DP     9-0-0-1

3^rd Read           3/8/06                 56-0-4-0

Prepared by Senate Research

March 20, 2006

FB/DA/jas