REFERENCE TITLE: state parks; lottery; heritage fund

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SB 1350

 

Introduced by

Senators Brophy McGee: Bowie

 

 

AN ACT

 

amending sections 5‑572 and 41‑502, Arizona Revised Statutes; relating to the arizona state parks heritage fund.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 5-572, Arizona Revised Statutes, is amended to read:

START_STATUTE5-572.  Use of monies in state lottery fund; report

A.  If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5‑555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents.  Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund.  After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery.

B.  Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17‑297.

C.  Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $10,000,000 shall be deposited in the Arizona state parks board heritage fund established by section 41-502, $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8‑481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15‑1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36‑697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36‑274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program.  The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41‑563 and the allocations are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.  If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis.

D.  If the state lottery director determines that monies available to the state general fund may not equal eighty‑four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund or the Arizona state parks heritage fund pursuant to subsection B or C of this section until the deposits to the state general fund equal eighty‑four million one hundred fifty thousand dollars $84,150,000 in a fiscal year.

E.  Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based organizations, for homeless emergency and transitional shelters and related support services.  The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state.

F.  Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety‑nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41‑1545.01.  The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease‑to-own and bond fund established by section 15‑1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.

G.  All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund.

H.  Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation.

I.  The commission shall transfer monies prescribed in this section on a quarterly basis. END_STATUTE

Sec. 2.  Section 41-502, Arizona Revised Statutes, is amended to read:

START_STATUTE41-502.  Arizona state parks heritage fund; exemption

A.  The Arizona state parks heritage fund is established consisting of monies deposited from the state lottery fund pursuant to section 5‑572 and interest earned on those monies, legislative appropriations, grants and donations.

B.  The Arizona state parks board shall administer the fund.  Monies in the fund are continuously appropriated.  On notice from the Arizona state parks board, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 3.  Exemption from rulemaking

For the purposes of this act, the Arizona state parks board is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.