SB1538 - 551R

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

Section 1. Title 41, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 41-1361, to read:

START_STATUTE41-1361. Legislative governmental mall commission; members; terms; compensation; commission termination; definition

A. The legislative governmental mall commission is established consisting of:

1. Two members who are appointed by the governor, one of whom must have experience in land planning or architecture.

2. The president of the senate or the president's designee as an advisory member.

3. The speaker of the house of representatives or the speaker's designee as an advisory member.

4. One member of the public who is appointed by the president of the senate.

5. One member of the public who is appointed by the speaker of the house of representatives.

6. The director of the department of administration or the director's designee.

7. The chairperson of the historical advisory commission or the chairman's designee.

8. Two members who are appointed by the chairperson of the Maricopa county board of supervisors, one of whom must have experience in county planning.

9. Two members who are appointed by the mayor of the city of Phoenix, one of whom must have experience in urban planning.

B. The term of office of the public members is three years.

C. Members of the commission are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. A member of the commission who is more than one hundred years of age may vote by proxy as determined by the person who appointed the member, or by any other method that is agreeable to both the member and the person who appointed the member. If a member of the commission is more than one hundred years of age, five other members of the commission constitute a quorum.

E. The commission established by this section ends on July 1, 2029 pursuant to section 41-3103.

F. For the purposes of this section, "advisory member" means a member who gives advice to the other members of the legislative governmental mall commission at meetings of the commission but who is not eligible to vote, is not a member for purposes of determining whether a quorum is present and is not eligible to receive any compensation or reimbursement of expenses by the commission. END_STATUTE

Sec. 2. Section 41-1362, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1362. Powers and duties; governmental mall description; duty of city of Phoenix; general plan application

A. The department of administration commission may:

1. Accept gifts or grants of monies or other property from any person, including the United States or any agencies, departments or officers of the state.

2. Appoint and employ officers and employees as it deems necessary.

2. 3. Prescribe rules as necessary to carry out this article.

B. The department of administration commission shall:

1. Elect a chairperson from among its members.

1. 2. Develop and maintain and amend as necessary a comprehensive long-range general plan for the development of the governmental mall composed of the area described in subsection C of this section.

2. 3. Encourage public agencies as defined in section 11-951 to enter into intergovernmental agreements or contracts pursuant to title 11, chapter 7, article 3 as necessary to implement the general plan for the development of the governmental mall.

3. 4. Review and approve or disapprove in writing requests for permission to develop structures or sites or award construction contracts for new buildings or improvements within the governmental mall. The department commission shall review requests submitted by this state or a political subdivision of this state in which this state or political subdivision has a contractual interest to ensure consistency with the approved general plan.

4. 5. Review all planning activities within governmental mall boundaries.

5. 6. Publish an annual report on the issues brought before the department commission and its recommendations.

C. The governmental mall is composed of the area with a western boundary of nineteenth avenue, a northern boundary of all lots abutting Van Buren street, an eastern boundary of seventh avenue and a southern boundary of the Harrison street alignment.

D. The city of Phoenix annually shall inform the department of administration commission of new major development projects and new major infrastructure improvements, including parks, streets and street-scaping streetscaping within the downtown area redevelopment plan as defined in section 36-1471.

E. If the general plan of the city, county or state agency for land development does not conform with the general plan developed by the department of administration commission for the development of the governmental mall, the general plan developed by the department commission for the development of the governmental mall applies and shall be enforced. END_STATUTE

Sec. 3. Section 41-1363, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1363. Monuments and memorials within governmental mall; legislative authorization; approval; procedure

A. Notwithstanding section 34-225 or any other law, a monument or memorial recognizing or honoring a person, group, entity or event shall be located in the governmental mall only if a prior legislative act authorizes the monument or memorial.

B. After legislative authorization, a monument or memorial may be established by the following procedures:

1. The proponents shall submit a concept to the department of administration for the design, dimensions and location of the monument or memorial.

2. The department of administration shall review the concept and determine the most appropriate location that highlights the monument or memorial and preserves the integrity of the governmental mall.

3. The department of administration shall submit its review and recommendations to the legislative governmental mall commission, including recommendations regarding its ability to maintain the monument or memorial.

3. 4. After recommendations from the historical advisory commission regarding the historical integrity of the monument or memorial and after any necessary negotiations with the proponents, the legislative governmental mall commission, in consultation with the department of administration, shall approve the final design, dimensions, location and maintenance requirements of the monument or memorial, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41-1365 and any statement, declaration, writing or inscription that will be imprinted or stamped on the monument or memorial.

4. 5. Before the beginning of construction of the monument or memorial begins, the proponents shall enter into a contract with the department of administration specifying the conditions of the design, dimensions and location of the monument or memorial, a list of the artists, contractors and subcontractors that will be employed, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41-1365 and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction.

5. 6. An approved monument or memorial shall be completed and dedicated to this state within two years after the effective date of the legislative act authorizing the monument or memorial.

C. Except as otherwise provided in this section or section 41-1365, all fund-raising, and the establishment and administration of a fund for deposit of monies and all contracts for artistic design and construction of the monument or memorial are the sole responsibility of the proponents.

D. If the completed monument or memorial deviates from the final design or dimension that was approved by the department of administration legislative governmental mall commission or any statement, declaration, writing or inscription that is imprinted or stamped on the monument or memorial deviates from that which was approved by the department legislative governmental mall commission, the proponents are responsible for any costs incurred to conform the monument or memorial to the approved form.

E. The proponents shall collect an amount equal to at least ten percent of the artistic design and construction costs of the monument or memorial or the amount approved by the department of administration legislative governmental mall commission as provided in subsection B of this section. The department of administration shall deposit these monies in the state monument and memorial repair fund established by section 41-1365 for the maintenance, repair, reconditioning or relocation of that monument or memorial. The monies must be deposited in the fund before the beginning of construction of the monument or memorial.

F. On review and approval by the legislative governmental mall commission, the department of administration may relocate monuments or memorials that are located in the governmental mall.

G. This section does not apply to monuments or memorials in which a political subdivision has a contractual interest and that are located in the governmental mall but that are outside Wesley Bolin plaza. END_STATUTE

Sec. 4. Section 41-1364, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1364. Alteration or modification to monuments and memorials within governmental mall; procedures; approval

A. Any alteration or modification to an existing monument or memorial that was completed pursuant to section 41-1363 must abide by the following procedures:

1. The proponents of the monument or memorial that submitted the concept pursuant to section 41-1363 shall submit the proposed alteration or modification to the department of administration legislative governmental mall commission.

2. After recommendations from the historical advisory commission regarding what impact the proposed alteration or modification would have on the historical integrity of the existing monument or memorial and after any necessary negotiations with the proponents, the department of administration legislative governmental mall commission shall approve or reject the proposed alteration or modification.

3. If the proposed alteration or modification is approved and before the beginning of construction involved in implementing the alteration or modification to the monument or memorial, the proponents shall enter into a contract with the department of administration specifying the scope of the alteration or modification to the monument or memorial, a list of the artists, contractors and subcontractors that will be employed and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction involved in implementing the alteration or modification to the monument or memorial.

4. The alteration or modification to an existing monument or memorial shall be completed and dedicated to this state within two years after the effective date of the approval of the alteration or modification by the department of administration legislative governmental mall commission.

B. All fund-raising, and the establishment and administration of a fund for deposit of monies and all contracts for artistic design and construction of the alteration or modification to the existing monument or memorial are the sole responsibility of the proponents. END_STATUTE

Sec. 5. Section 41-1365, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1365. State monument and memorial repair fund; purpose; report; exemption

A. The state monument and memorial repair fund is established consisting of:

1. Donations.

2. Monies from fund-raising activities.

3. Monies that are collected by the proponents of a monument or memorial and that are deposited pursuant to section 41-1363.

4. Grants received for monuments or memorials, except for otherwise specifically dedicated grants.

5. Legislative appropriations.

B. The department of administration shall administer the fund. All monies in the fund are subject to legislative appropriation. Subject to this section, the department shall use monies appropriated from the fund for the maintenance, repair maintaining, repairing, reconditioning or relocation of relocating monuments or memorials and for supporting mechanical equipment in the governmental mall.

C. The department of administration shall separately account for monies to a specific monument or memorial that is dedicated to this state for maintenance, repair maintaining, repairing, reconditioning or relocation of relocating that monument or memorial as follows:

1. Monies that are donated for the benefit of the specific monument or memorial.

2. Monies that are derived from fund-raising activities and that are collected for the benefit of a specific monument or memorial.

3. Monies that are collected and deposited pursuant to subsection A, paragraph 3 of this section.

D. On or before November 1 of each year, the department of administration shall submit to the joint legislative budget committee legislative governmental mall commission a report that accounts for all monies deposited in the fund. The report shall include the sources of the monies received for deposit, by category, and the purposes for which the monies were used during the preceding fiscal year.

E. The department of administration shall hold the monies in the fund in trust for the citizens of this state until spent on an authorized monument or memorial, and monies in the fund shall not be spent or appropriated for any other purpose.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE