Chapter 0246 - 571R - S Ver of SB1748

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

Section 1. Title 35, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 35-149.01, to read:

START_STATUTE35-149.01. Private monies; state officers; employees; prohibition; exceptions; definitions

A. An agency may not allow any person to serve in any capacity as a state officer or employee if that person's salary, wages or other compensation for performing official state duties is paid in whole or in part by private monies.

B. This section does not apply to the department of public safety, the department of environmental quality or any public university under the jurisdiction of the Arizona board of regents.

C. For the purposes of this section:

1. "Agency" has the same meaning prescribed in section 41-1001.

2. "private monies" means monies from a source other than this state, a political subdivision of this state or the federal government, including monies from a nonprofit organization, charitable foundation, university, private donor, or advocacy group. END_STATUTE

Sec. 2. Heading change

The article heading of title 41, chapter 3, article 3, Arizona Revised Statutes, is changed from "ARIZONA COMMISSION OF AFRICAN-AMERICAN AFFAIRS" to "ARIZONA OFFICE OF AFRICAN-AMERICAN AFFAIRS".

Sec. 3. Section 41-531, Arizona Revised Statutes, is amended to read:

START_STATUTE41-531. Arizona office of African-American affairs

A. The Arizona commission office of African-American affairs is established and consists of the governor, the superintendent of public instruction, the director of the department of health services, the director of the department of transportation, the attorney general, the director of the department of economic security, the director of the office of tourism and the chief executive officer of the Arizona commerce authority, or their representatives, who shall be ex officio members, and nine members who are appointed by the governor, seven of whom are African-American and two of whom are not African-American.

B. The term of office of each appointed member is three years. Each member shall hold office until the member's successor is appointed and qualifies. Appointment to fill a vacancy caused other than by expiration of a term shall be for the unexpired portion of the term.

C. Members of the commission office shall serve without compensation.

D. The commission office shall elect a chairperson and a vice-chairperson vice chairperson from among its appointed members and adopt rules for the conduct of meetings. A record shall be kept of all proceedings and transactions.

E. Section 41-2955, subsection D does not apply to the commission office.

F. The commission office shall meet at least quarterly on the second Thursday of the first month of each quarter and may hold additional meetings on the call of the chairperson. A majority of the appointed members of the commission office constitute a quorum for the transaction of business, but ex officio members may vote. Members who fail to attend three consecutive meetings are deemed to have resigned.

G. The appointed members of the commission office shall employ, subject to chapter 4, article 4 of this title, an executive director of the commission office who shall not be a member of the commission office. The director is eligible to receive compensation as determined by the commission office from monies available in the Arizona commission office of African-American affairs fund established by section 41-533. The commission office may employ clerical, professional and technical personnel subject to chapter 4, article 4 of this title and monies available in the Arizona commission office of African-American affairs fund and shall prescribe their duties and determine their compensation. END_STATUTE

Sec. 4. Section 41-532, Arizona Revised Statutes, is amended to read:

START_STATUTE41-532. Powers and duties; information; report

A. The commission office shall assist and support state and federal agencies in assisting African-Americans in this state to develop mutual goals, to design projects for achieving goals and to implement their plans projects. The commission office shall also:

1. Advise the governor on policies, procedures, legislation and rules that affect the African-American community and that will enable this state to be responsive to the needs of the African-American community.

2. Assist local African-American community groups in developing strategies and programs that will expand and enhance the social, cultural and economic status of the African-American community.

3. Develop, review and recommend to the governor policies in the areas of health and human services, housing, education, employment, business formation and development, public accommodations and contracting and procedures.

4. Serve as a liaison to federal, state and local agencies to ensure that programs affecting African-Americans are effectively used and that benefits accrue equitably to members of the African-American community.

5. Work for greater understanding and improved relationships between African-Americans and non-African-Americans by creating an awareness of the legal, social and economic needs of African-Americans in this state.

6. Where appropriate, conduct periodic conferences throughout this state to inform African-Americans of the opportunities available to them through state and private sources, to encourage them to share their history and culture with other Arizonans, to participate in the social and political processes of their communities and to learn from conference participants about their needs and problems.

B. State and local public officers and employees, on request, shall furnish the commission office with information that it may require for its purposes except information that is not subject to disclosure pursuant to a provision of law.

C. The commission office shall make a written annual report giving an account of its proceedings, transactions, findings and recommendations to the governor and the legislature and may submit the recommendations to the legislature in the form of proposed legislation.

D. The commission office may apply for, accept, receive and spend public and private gifts or grants of money or property on those terms and conditions as imposed by the donor and for implementation of the commission's office's internal operations.

E. The commission office may accept, receive and spend fees collected at the Arizona African-American town hall to defer expenses for the Arizona African-American town hall. END_STATUTE

Sec. 5. Section 41-533, Arizona Revised Statutes, is amended to read:

START_STATUTE41-533. Arizona office of African-American affairs fund; exemption

The Arizona commission office of African-American affairs fund is established. The monies in the Arizona commission office of African-American affairs fund are continuously appropriated to the Arizona commission office of African-American affairs. The fund consists of monies received pursuant to section 41-532. The state treasurer shall invest and divest all monies in the Arizona commission office of African-American affairs fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. The Arizona commission office of African-American affairs shall administer the fund. The monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE

Sec. 6. Section 41-534, Arizona Revised Statutes, is amended to read:

START_STATUTE41-534. African-American legislative day

A. The Arizona commission office of African-American affairs shall annually facilitate an African-American legislative day on the second Thursday and Friday of February. The commission office shall invite the legislature, the governor and other elected officials to pay tribute to the history and culture of African-Americans and their contributions to the prosperity and cultural diversity of the United States. The commission office shall schedule activities and discussions between state and community leaders on issues affecting African-American communities.

B. African-American legislative day is not a legal holiday. END_STATUTE

Sec. 7. Department of administration; personnel and financial data management system; legislative budget units; accommodation

During fiscal year 2025-2026, the director of the department of administration shall consult with and accommodate the policies of the budget units of the legislative branch of government in implementing the department's personnel and financial data management system and applications.

Sec. 8. Unrestricted federal monies; essential government services; retroactivity

A. Any unrestricted federal monies received by this state beginning July 1, 2025 through June 30, 2026 shall be deposited in the state general fund. The monies shall be used to pay essential government services.

B. This section applies retroactively to from and after June 30, 2025.

Sec. 9. Budget stabilization fund; exceptions

Notwithstanding section 35-144, Arizona Revised Statutes:

1. For fiscal years 2025-2026, 2026-2027 and 2027-2028, the legislature is not required to appropriate monies to or transfer monies from the budget stabilization fund.

2. For fiscal year 2025-2026, the budget stabilization fund is not limited to ten percent of the state general fund revenue for the fiscal year, and the state treasurer may not transfer any surplus monies from the budget stabilization fund to the state general fund.