PREFILED    JAN 11 2021

REFERENCE TITLE: state lake improvement fund; appropriations

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

HB 2077

 

Introduced by

Representatives Biasiucci: Cobb, Senator Borrelli

 

 

AN ACT

 

amending sections 5-382 and 41-511.21, Arizona Revised Statutes; appropriating monies; relating to state parks.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 5-382, Arizona Revised Statutes, is amended to read:

START_STATUTE5-382.  State lake improvement fund; use of monies; report

A.   The state lake improvement fund is established.  Monies deposited in the fund shall be used only as provided in this section.

B.  All monies in the state lake improvement fund are appropriated to the Arizona state parks board solely for the purposes provided in this section.  Interest earned on monies in the fund shall be credited to the fund.  Monies in the state lake improvement fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

C.  The Arizona state parks board shall administer use the monies in the fund as follows:

1.  not more than ten percent of monies deposited in the fund annually to fund staff support to plan and administer the state lake improvement fund in conjunction with other administrative tasks and recreation plans of the board.

2.  For water search and rescue operations.

2.  3.  To fund projects on waters where gasoline powered boats are permitted and shall be allowed, limited to the following:

(a)  Public launching ramps.

(b)  Public piers, marinas or marina stadia.

(c)  Public toilets, sanitation facilities and domestic waters.

(d)  Public picnic tables and facilities.

(e)  Public parking areas.

(f)  Lake construction or improvement.

(g)  Marking buoys and other safety facilities.

(h)  Watercraft.

(i)  Public campgrounds.

(j)  Acquisition of real and personal property through purchase, lease, agreement or otherwise for the purpose of providing access to waters where boating is permitted allowed.

(k)  Design and engineering projects.

D.  Projects involving expenditure of monies from such the state lake improvement fund may be accomplished by the Arizona state parks board, by the Arizona game and fish commission, by the board of supervisors of any county or by the governing body of a city or town, provided such projects do not interfere with any vested water rights or the operation or maintenance of water projects, including domestic, municipal, irrigation district, drainage district, flood control district or reclamation projects.  The Arizona outdoor recreation coordinating commission, established by section 41‑511.25, shall examine applications for eligible projects, determine the amount of funding, if any, for each project and submit a list of projects, subject to prior review by the joint committee on capital review, to the Arizona state parks board for allocation from the fund.  The board shall annually report to the legislature the expenditures made for such projects in conjunction with the report required by section 41‑511.12.

E.  State lake improvement funds fund monies may be used on projects where if matching funds monies are made available. END_STATUTE

Sec. 2.  Section 41-511.21, Arizona Revised Statutes, is amended to read:

START_STATUTE41-511.21.  State parks revenue fund; purpose; exemption

A.  The state parks revenue fund is established consisting of:

1.  Monies received from the sale of park posters, park postcards, books, souvenirs and sundry items pursuant to section 41‑511.05, paragraph 4.

2.  Monies appropriated by the legislature for the purpose of enhancing state parks.

3.  Unconditional gifts and donations specifically designated to the state parks revenue fund, except for unconditional gifts, donations, bequests and endowments deposited in the state parks donations fund pursuant to section 41‑511.11.

4.  All monies derived from state park user fees, concession fees and other revenue generating activities.

5.  Surcharges on park reservations.  

6.  Monies from the sale of park assets.

B.  The monies in the state parks revenue fund are subject to legislative appropriation:

1.  For the operation To operate, administer and maintenance of maintain the state park system.

2.  For use by the board to acquire and develop real property and improvements as state parks consistent with the purposes and objectives prescribed in section 41‑511.03, subject to review by the joint committee on capital review.

C.  Monies in the state parks revenue fund shall not be appropriated in a manner that is inconsistent with restrictions in the lease or deed to the property.

D.  The board may collect monies as a surcharge on park reservations and shall determine the surcharge rate as provided in section 41‑511.05, paragraph 8 after considering the costs to plan and administer the reservation system.

E.  On notice from the board, the state treasurer shall invest and divest the monies in the state parks revenue fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

F.  Monies in the state parks revenue fund are exempt from section 35‑190, relating to lapsing of appropriations.  The purposes for which monies were expended during the preceding fiscal year shall be delineated in the agency's annual report pursuant to section 41‑511.12. END_STATUTE

Sec. 3.  Appropriations; Arizona state parks board; operating costs

A.  The sum of $3,000,000 is appropriated onetime from the state general fund in fiscal year 2021-2022 to the Arizona state parks board for operating costs.

B.  The sum of $2,000,000 is appropriated from the state parks revenue fund established by section 41-511.21, Arizona Revised Statutes, as amended by this act, in fiscal year 2021-2022 to the Arizona state parks board for operating costs.