House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HOUSE CONCURRENT RESOLUTION 2057

 

 

 

A CONCURRENT RESOLUTION

 

Proposing an amendment to the Constitution of Arizona; amending article IV, part 2, Constitution of Arizona, by adding section 20.1; relating to the legislature.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Article IV, part 2, Constitution of Arizona, is proposed to be amended by adding section 20.1 as follows if approved by the voters and on proclamation of the Governor:

20.1. Appropriation of federal monies; legislative powers and duties

Section 20.1.  A.  All noncustodial federal monies received by any budget unit shall be accounted for in separate accounts or funds as necessary to meet accounting, budgetary and auditing requirements, using an efficient system of accounts and records, consistent with legal requirements and standards, and necessary fiscal safeguards.

B.  The legislature retains the authority to appropriate noncustodial federal monies.  If the legislature does not make any appropriation for either a particular fund, specific grant program or block of noncustodial federal monies, the state agency that has lawful authority shall administer and spend these monies pursuant to federal and state law.

C.  The legislature shall specify in any federal monies appropriation it makes the purposes for which federal monies are to be used, consistent with federal law.  For purposes of obtaining unanticipated federal monies that may become available when the legislature is not in session, the legislature may make a lump sum appropriation, subject to any condition specified by the legislature.

D.  If the amount of the federal monies received is less than the amount appropriated, the appropriation of federal monies shall be reduced by the amount of the reduction.  The activities financed by the federal monies shall be reduced proportionately.

E.  If the amount of the federal monies received is more than the amount appropriated, the total appropriation of federal and state monies allocated for a program shall remain at the amount designated by the legislature.  The state treasurer shall credit the excess federal monies to the appropriate agency account, subject to legislative appropriation.

F.  For the purposes of this section:

1.  "Budget unit" means any department, commission, board, institution or other agency of the state organization receiving, spending or disbursing state monies or incurring obligations against this state.

2.  "Noncustodial federal monies" means federal monies, not including federal monies or research grants awarded to the universities, university employees or the Arizona board of regents for and on behalf of the universities under their jurisdiction, federal monies for use by the state for emergency and military affairs and federal monies awarded directly to school districts or community colleges, that meet one of the following criteria:

(a)  Are designated by the federal government as block grant monies.

(b)  Are designated by the federal government as general revenue sharing monies.

(c)  Provide this state with broad authority to make spending decisions regarding the development, implementation or operation of a program or service.

(d)  Are considered essential to meet total spending obligations of a federally required or matched program or service authorized by the legislature in which the federal government requires at least one per cent of the program or service funding to come from this state.

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.