GOWAN FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2437
(Reference to the GOVERNMENT Committee amendment)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 5-803, Arizona Revised Statutes, is amended to read:
5-803. Board of directors; board termination
A. The authority is governed by a board of directors consisting of the following members who must reside in the county in which the authority is established:
1. Five members appointed by the governor pursuant to section 38‑211. No more than three of these members may be from the same political party. Of these members, the governor shall appoint:
(a) One member from the tourism industry in the authority.
(b) One member from the hotel and motel industry located in the authority.
(c) One member representing a youth sports organization in the authority.
(d) One member representing a major league baseball spring training organization in the authority.
2. Two members who are appointed by the president of the senate and who are not of the same political party.
3. Two members who are appointed by the speaker of the house of representatives and who are not of the same political party.
B. No member of the board may simultaneously hold any state or local elective public office. The governor, president of the senate and speaker of the house of representatives shall make appointments to produce a general geographically diverse representation of areas in the authority. Members of the board shall be appointed for terms of five years. A member may be reappointed for one full subsequent term.
C. Members of the board are eligible for compensation as provided by section 38‑611.
D. The board established by this section ends on July 1, 2020 pursuant to section 41‑3103."
Renumber to conform
Page 5, between lines 33 and 34, insert:
"C. The community notification requirements are as follows:
1. For level two and level three offenders, the notification must be made to the surrounding neighborhood, area schools, appropriate community groups and prospective employers. The notification must include a flyer with the offender's photograph and exact address and a summary of the offender's status and criminal background. A press release and a level two or level three flyer must be given to the local electronic and print media to enable information to be placed in a local publication.
2. For level one offenders, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides."
Reletter to conform
Page 6, line 4, strike "pursuant to the"
Line 5, strike "guidelines" insert "pursuant to the guidelines"; after "committee" insert "prescribed by subsection C of this section"
Line 24, strike "pursuant to the guidelines" insert "pursuant to the guidelines"
Line 25, after "committee" insert "prescribed by subsection C of this section"
Line 32, strike "C" insert "D"
Page 7, line 10, strike "pursuant to guidelines" insert "pursuant to guidelines"; after "13‑3826" insert "prescribed by subsection C of this section"
Line 12, strike "pursuant to guidelines" insert "pursuant to guidelines"
Line 13, after "13‑3826" insert "prescribed by subsection C of this section"
Line 17, strike "J" insert "K"
Line 24, strike "C" insert "D"
Line 30, strike "pursuant to guidelines" insert "pursuant to guidelines"
Line 31, after "13‑3826" insert "prescribed by subsection C of this section"
Page 8, line 16, strike "pursuant to" insert "pursuant to"
Line 17, after "E " insert "section 13‑3825, subsection C"
Page 9, line 33, strike "Sections" insert "Section"; strike "and 15‑1650.01"; strike "are" insert "is"
Page 9, after line 34, insert:
"Sec. 10. Section 15-249.01, Arizona Revised Statutes, is amended to read:
15-249.01. Data governance commission; membership; terms; duties; commission termination
A. The data governance commission is established in the department of education consisting of:
1. The chief technology managers, or the managers' designees, of each of the universities under the jurisdiction of the Arizona board of regents.
2. The chief technology manager, or the manager's designee, of a community college district located in a county with a population of eight hundred thousand persons or more who has expertise in technology and who is appointed by the governor.
3. The chief technology manager, or the manager's designee, of a community college district located in a county with a population of less than eight hundred thousand persons who has expertise in technology and who is appointed by the governor.
4. The chief executive officer of the Arizona early childhood development and health board or the chief executive officer's designee.
5. An officer or employee of a school district located in a county with a population of eight hundred thousand persons or more who has expertise in technology and who is appointed by the governor.
6. An officer or employee of a school district located in a county with a population of less than eight hundred thousand persons who has expertise in technology and who is appointed by the governor.
7. An officer or employee of a charter school located in a county with a population of eight hundred thousand persons or more who has expertise in technology and who is appointed by the president of the senate.
8. An officer or employee of a charter school located in a county with a population of less than eight hundred thousand persons who has expertise in technology and who is appointed by the speaker of the house of representatives.
9. Two representatives of the business community, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
10. The director of the department of administration or the director's designee.
11. The superintendent of public instruction or the superintendent's designee.
B. The initial appointed members shall assign themselves by lot to terms of two, three and four years in office. All subsequent appointed members of the commission shall serve four‑year terms. The chairperson shall notify the governor, the speaker of the house of representatives and the president of the senate on appointments of these terms. Members of the commission shall elect a chairperson from among the members of the commission. Members of the commission shall not receive compensation. The department of education shall provide adequate staff support for the commission.
C. The commission shall identify, examine and evaluate the needs of public institutions that provide instruction to pupils in preschool programs, kindergarten programs, grades one through twelve and postsecondary programs in Arizona and shall:
1. Establish guidelines related to the following:
(a) Managed data access.
(b) Technology.
(c) Privacy and security.
(d) Adequacy of training.
(e) Adequacy of data model implementation.
(f) Prioritization of funding opportunities.
(g) Resolution of data conflicts.
(h) The form and format of data elements that are required for state and federal reporting and interagency data sharing.
2. Provide recommendations on technology spending.
3. Provide analyses and recommendations of the following:
(a) The control of data confidentiality and data security for stored data and data in transmission.
(b) Access privileges and access management.
(c) Data audit management, including data quality metrics, sanctions and incentives for data quality improvement.
(d) Data standards for stored data and data in transmission, including rules for definition, format, source, provenance, element level and contextual integrity.
(e) Documentation standards for data elements and systems components.
(f) Data archival and retrieval management systems, including change control and change tracking.
(g) Publication of standard and ad hoc reports for state and local level use on student achievement.
(h) Publication of implementation timelines and progress.
4. Ensure that the guidelines and recommendations adopted pursuant to this subsection reduce duplication and administrative requirements for public schools, postsecondary institutions and public agencies.
5. Submit an annual report on or before December 1 regarding the commission's activities to the governor, the speaker of the house of representatives and the president of the senate. The data governance commission shall provide copies of this report to the secretary of state.
D. The commission established by this section ends on July 1, 2020 pursuant to section 41‑3103.
Sec. 11. Repeal
Section 15-1650.01, Arizona Revised Statutes, is repealed."
Renumber to conform
Page 10, Line 3, strike "commission"; after "termination" insert "of state's participation"
Page 13, line 11, strike the first "section" insert "article"
Page 17, after line 32, insert:
"Sec. 15. Section 26-304, Arizona Revised Statutes, is amended to read:
26-304. State emergency council; membership; powers and duties; council termination; definition
A. There is established a state emergency council consisting of the following persons or their designee:
1. Governor.
2. Secretary of state.
3. Attorney general.
4. Adjutant general.
5. Director of the division of emergency management.
6. Director of the department of transportation.
7. Director of the department of health services.
8. Director of the department of environmental quality.
9. Director of the department of public safety.
10. Director of the Arizona department of agriculture.
11. Director of the department of administration.
12. Director of the department of water resources.
13. President of the senate as an advisory member.
14. Speaker of the house of representatives as an advisory member.
B. The powers and duties of the council include:
1. Making recommendations for orders, rules, policies and procedures to the governor.
2. Recommending to the governor the assignment of any responsibility, service or activity to a state agency relative to emergencies or planning for emergencies.
3. Issuing, in the event of inaccessibility of the governor, a state of emergency proclamation under the same conditions by which the governor could issue such a proclamation, if the action is taken at a meeting of the council called by the director and if not less than three council members, one of whom is an elected official, approve the action.
C. The council shall monitor each emergency declared by the governor and the activities and response of the division to the emergency. The council shall recommend to the governor or the legislature based on the reports submitted to it by the auditor that the emergency conditions have stabilized and that the emergency is substantially contained.
D. The council established by this section ends on July 1, 2021 pursuant to section 41‑3103.
D. E. For the purposes of this section, "advisory member" means a member who gives advice to the other members of the state emergency council at meetings of the council 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 council."
Renumber to conform
Page 19, between lines 25 and 26, insert:
"Sec. 17. Section 28-1821, Arizona Revised Statutes, is amended to read:
28-1821. Adoption of agreement; termination of state's participation
The multistate highway transportation agreement is entered into and enacted into law as follows:
Multistate Highway Transportation Agreement
Pursuant to and in conformity with the laws of their respective jurisdictions, the participating jurisdictions, acting by and through their officials lawfully authorized to execute this agreement, mutually agree as follows:
Article I
Findings and Purposes
Section 1. Findings.
The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity.
(b) Highway transportation is the major mode for movement of people and goods in the western states.
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs which are necessary to permit increased productivity.
(d) A number of western states, already having adopted substantially the 1964 bureau of public roads recommended vehicle size and weight standards, still find current federal limits more restrictive.
(e) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
Section 2. Purposes.
The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles traveling between two or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity as far as possible of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide means for the encouragement and utilization of research which will facilitate the achievement of the purposes of this section, with due regard for the findings set forth in section 1 of this article.
(f) Facilitate communication between legislators, state transportation administrators and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.
Article II
Definitions
Section 1. As used in this agreement:
(a) "Cooperating committee" means a body composed of the designated representatives from the participating jurisdictions.
(b) "Designated representative" means a person authorized pursuant to section 28‑1822 to represent the jurisdiction.
(c) "Jurisdiction" means a state of the United States or the District of Columbia.
(d) "Vehicle" means any vehicle as defined by statute to be subject to size and weight standards which operates in two or more participating jurisdictions.
Article III
General Provisions
Section 1. Qualifications for membership.
Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
Section 2. Cooperation.
The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
Section 3. Effect of headings.
Article and section headings contained in this agreement are not deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section of this agreement.
Section 4. Vehicle laws and regulations.
This agreement does not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations of the jurisdiction.
Section 5. Interpretation.
The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.
Section 6. Amendment.
The participating jurisdictions may amend this agreement by unanimous joint action, acting through the officials of the jurisdictions authorized to enter into this agreement, subject to the requirements of article III, section 4. Any amendment shall be placed in writing and become a part of this agreement but shall not become effective as part of this agreement until adopted by the legislature.
Section 7. Restrictions, conditions or limitations.
Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.
Section 8. Additional jurisdictions.
Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
Article IV
Cooperating Committee
Section 1. Each participating jurisdiction shall have two designated representatives. Pursuant to article III, section 2, the designated representatives of the participating jurisdictions constitute the cooperating committee which may:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter if, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.
(d) Recommend improvements in highway operations, in vehicular safety and in state administration of highway transportation laws.
(e) Perform functions necessary to facilitate the purposes of this agreement.
Section 2. Each designated representative of a participating jurisdiction is entitled to one vote only. No action of the committee is approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions is in favor of the action.
Section 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice‑chairman and a secretary.
Section 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.
Section 5. Arizona's participation in the committee established by this article ends on July 1, 2019 pursuant to section 41‑3103.
Article V
Objectives of the Participating Jurisdictions
Section 1. Objectives.
The participating jurisdictions declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single axle weight of twenty thousand pounds, a tandem axle weight of thirty‑four thousand pounds, and a gross vehicle or combination weight of that resulting from application of the formula:
W = 500 ((LN/N ‑ 1) + 12N + 36)
Where W = maximum weight in pounds carried on any group of two or more axles computed to the nearest five hundred pounds.
L = distance in feet between the extremes of any group of two or more consecutive axles.
N = number of axles in the group under consideration.
(b) It is the objective of the participating jurisdictions that the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of a statutory weight of eighty thousand pounds or statutory lengths, or both.
(c) It is the objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section and to that end the participating jurisdictions agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including the development of: uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications and operating practices and such other matters as may be pertinent.
(d) The cooperating committee may recommend that the participating jurisdictions jointly secure congressional approval of this agreement, specifically of the vehicle size and weight standards set forth in subsection (a) of this section.
(e) It is the further objective of the participating jurisdictions to:
(i) Establish transportation laws and regulations to meet regional needs and to promote an efficient, safe and compatible transportation network.
(ii) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways and that are consistent with and in recognition of principles of highway safety.
(iii) Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle laws and regulations.
Article VI
Entry Into Force and Withdrawal
Section 1. This agreement enters into force when enacted into law by any two or more jurisdictions. Thereafter, this agreement becomes effective as to any other jurisdiction upon its enactment, except as otherwise provided in article III, section 8.
Section 2. Any participating jurisdiction may withdraw from this agreement by cancelling the agreement, but no such withdrawal takes effect until thirty days after the designated representative of the withdrawing jurisdiction gives notice in writing of the withdrawal to all other participating jurisdictions.
Article VII
Construction and Severability
Section 1. This agreement shall be liberally construed so as to effectuate its purposes.
Section 2. The provisions of this agreement are severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement is not affected. If this agreement is held contrary to the constitution of any participating jurisdiction, the agreement remains in full force as to the jurisdictions affected as to all severable matters.
Article VIII
Filing of Documents
Section 1. A copy of this agreement, its amendments, and rules or regulations promulgated under the agreement and interpretations of the agreement shall be filed in the highway department in each participating jurisdiction and made available for review by interested parties.
Article IX
Existing Statutes Not Repealed
Section 1. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits continue to be effective until amended or repealed by law.
Article X
State Government Departments
Authorized to Cooperate With Cooperating Committee
Section 1. If appropriations are made available the departments, agencies and officers of the government of this state may cooperate with and assist the cooperating committee within the scope contemplated by article IV, section 1, subsections (a) and (b). The departments, agencies and officers of the government of this state are authorized to cooperate with the cooperating committee.
Sec. 18. Section 28-3053, Arizona Revised Statutes, is amended to read:
28-3053. School bus advisory council; council termination
A. The school bus advisory council is established consisting of nine members appointed by the governor. The governor shall appoint the members as follows:
1. One member representing the department of public safety.
2. One member representing the state board of education.
3. One member from a school district with a student count of less than six hundred.
4. One member from a school district with a student count of six hundred or more but less than three thousand.
5. One member from a school district with a student count of three thousand or more but less than ten thousand.
6. One member from a school district with a student count of ten thousand or more.
7. One member representing transportation administrators.
8. One member who is a certified school bus driver or school bus driver instructor.
9. One member representing a private sector school bus service provider.
B. The members shall serve staggered three-year terms unless a member vacates the position. Appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only.
C. The school bus advisory council shall:
1. Meet at least annually.
2. Select a chairman from its members.
3. Advise and assist the department of administration in developing the rules required by sections 28‑900 and 28‑3228.
4. Recommend curricula for school bus driver safety and training courses required by section 28‑3228.
5. Advise and consult with the department of public safety concerning matters related to the certification of school bus drivers and the safety of school buses.
6. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide the list to the department of administration, and the department of administration shall send notice by first class mail to each person on the list at least fifteen days before the date on which the meeting is to be held.
D. Members of the school bus advisory council are not eligible to receive compensation or reimbursement for expenses.
E. The council established by this section ends on July 1, 2024 pursuant to section 41‑3103.
Sec. 19. Section 28-6308, Arizona Revised Statutes, is amended to read:
28-6308. Regional planning agency transportation policy committee; regional transportation plan; plan review process; committee termination
A. The regional planning agency in the county shall establish a transportation policy committee consisting of twenty‑three members as follows:
1. Seventeen members of the regional planning agency, including the chairperson of the citizens transportation oversight committee, one member of the state transportation board who represents the county, one member of the county board of supervisors and one member representing Indian communities in the county.
2. Six members who represent regionwide business interests, one of whom must represent transit interests, one of whom must represent freight interests and one of whom must represent construction interests. The president of the senate and the speaker of the house of representatives shall each appoint three members to the committee pursuant to this paragraph. Members who are appointed pursuant to this paragraph serve six‑year terms. The chairman of the regional planning agency may submit names to the president of the senate and the speaker of the house of representatives for consideration for appointment to the transportation policy committee.
B. Through the regional planning agency, the transportation policy committee shall:
1. By a majority vote of the members, recommend approval of a twenty year comprehensive, performance based, multimodal and coordinated regional transportation plan in the county, including transportation corridors by priority and a schedule indicating the dates that construction will commence for projects contained in the plan.
2. Develop the plan in cooperation with the regional public transportation authority in the county and the department of transportation and in consultation with the county board of supervisors, Indian communities and cities and towns in the county.
3. Submit the plan for review by the regional public transportation authority in the county, the state board of transportation, the county board of supervisors, Indian communities and cities and towns in the county at the alternatives stage of the plan and the final draft stage of the plan. After reviewing the plan, the regional public transportation authority in the county, the county board of supervisors and the state board of transportation, by majority vote of the members of each entity within thirty days after receiving the plan, shall submit a written recommendation to the transportation policy committee that the plan be approved, modified or disapproved. Within thirty days after receiving the plan, Indian communities and cities and towns in the county may submit a written recommendation to the transportation policy committee that the plan be approved, modified or disapproved.
4. Consider plan modifications proposed by any of the entities as prescribed in paragraph 3 of this subsection.
5. By majority vote, approve, disapprove or further modify each proposed plan modification.
6. Provide a written response to the regional public transportation authority, the state board of transportation, the county board of supervisors and the entity that submitted the proposed modification within thirty days after the vote on the proposed modification explaining the affirmation, rejection or further modification of each proposed modification.
7. Recommend the plan to the regional planning agency for approval for an air quality conformity analysis.
C. The regional transportation plan:
1. Shall include the following transportation mode classifications with a revenue allocation to each classification consistent with section 42‑6105, subsection D:
(a) Freeways and other routes in the state highway system.
(b) Major arterial streets and intersection improvements.
(c) Public transportation systems.
2. Shall provide a suggested construction schedule for the transportation projects contained in the plan.
3. May be annually updated to introduce new controlled access highways, related grade separations and transportation projects or to modify the existing plan.
4. Shall be developed to meet federal air quality requirements established for the region in which it is located.
D. Transportation excise tax revenues that are distributed pursuant to section 42‑6105, subsection D shall not be redistributed or used for other transportation modes. Except as provided by section 28‑6353, subsections D, E and F, transportation excise tax revenues that are dedicated in the plan to a specific project or transportation system may only be redistributed to or otherwise used for another project within the same transportation mode if approved by a majority vote of the transportation policy committee.
E. The committee established pursuant to this section ends on July 1, 2024 pursuant to section 41‑3103.
Sec. 20. Section 31-467, Arizona Revised Statutes, is amended to read:
31-467. Adoption of interstate compact for the supervision of adult offenders; termination of state's participation in commission; council termination
The governor is authorized and directed to enter into a compact on behalf of the state of Arizona with any of the United States lawfully joined in the compact in a form substantially as follows:
ARTICLE I
PURPOSE
A. Arizona and the compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the crime control act, 4 United States Code section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
B. It is the purpose of this compact and the interstate commission created under this compact, through means of joint and cooperative action among the compacting states, to do all of the following:
1. Provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community.
2. Provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states.
3. Equitably distribute the costs, benefits and obligations of the compact among the compacting states.
C. In addition, this compact will do all of the following:
1. Create an interstate commission that will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies that will promulgate rules to achieve the purpose of this compact.
2. Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.
3. Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators.
4. Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance.
5. Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
D. The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated under this compact.
E. Compacting states recognize no offender may live in another state when acceptance criteria that has been established or adopted by the compacting state has not been met. It is the policy of the compacting states that the activities conducted by the interstate commission created in this compact are the formation of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context otherwise requires:
1. "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.
2. "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.
3. "Commissioner" means the voting representative of each compacting state appointed pursuant to article IV of this compact.
4. "Compact administrator" means the director of the Arizona department of corrections, who is responsible for the administration and management of Arizona's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
5. "Compacting state" means any state that has enacted the enabling legislation for this compact.
6. "Interstate commission" means the interstate commission for adult offender supervision established by this compact.
7. "Member" means the commissioner of a compacting state or the commissioner's designee, who shall be a person officially connected with the commissioner.
8. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
9. "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.
10. "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.
11. "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.
12. "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
13. "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.
ARTICLE III
THE COMPACT COMMISSION
A. This compact creates the interstate commission for adult offender supervision. The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in the compact, including the power to sue and be sued, and additional powers conferred on it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio, nonvoting members. The interstate commission may provide in its bylaws for any additional, ex officio, nonvoting members it deems necessary.
B. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, on the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
C. The interstate commission shall establish an executive committee that includes commission officers, members and others that are determined by the bylaws. The executive committee may act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making or amendment to the compact. The executive committee oversees the day‑to‑day activities managed by the executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws.
D. Arizona's participation in the commission established by subsection A of this article ends on July 1, 2022 pursuant to section 41‑3103.
ARTICLE IV
THE STATE COUNCIL
A. Arizona shall create a state council for interstate adult offender supervision that is responsible for the appointment of the commissioner who shall serve on the interstate commission from Arizona. The commissioner shall be the compact administrator or designee.
B. The membership of the state council shall include one legislator who is appointed by the speaker of the house of representatives, one legislator who is appointed by the president of the senate, one victim's advocate who is appointed by the governor, the deputy compact administrator of the state department of corrections who is appointed by the director of the state department of corrections, the deputy compact administrator of the administrative office of the courts who is appointed by the director of the administrative office of the courts, one judge who is appointed by the chief justice of the supreme court, one sheriff who is appointed by the Arizona sheriff's association and any other members determined by the state council.
C. The state council shall exercise oversight and advocacy concerning Arizona's participation in interstate commission activities and other duties as determined by the council's members including the development of policy concerning operations and procedures of the compact within Arizona.
D. The council established pursuant to subsection A of this article ends on July 1, 2022 pursuant to section 41‑3103.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers and duties:
1. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission.
2. To promulgate rules and take action consistent with this compact.
3. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission.
4. To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including judicial process.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept or contract for services of personnel, including members and members' staffs.
8. To establish and appoint committees and hire staff it deems necessary to carry out its functions, including an executive committee as required by article III that may act on behalf of the interstate commission in carrying out its powers and duties under this compact.
9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of them.
11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.
13. To establish a budget and make expenditures and levy dues as provided in article X of this compact.
14. To sue and be sued.
15. To provide for dispute resolution among compacting states.
16. To perform functions necessary or appropriate to achieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the interstate commission.
18. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission shall, by a majority vote of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct necessary or appropriate to carry out the purposes of the compact, including:
1. Establishing the fiscal year of the interstate commission.
2. Establishing an executive committee and other necessary committees.
3. Providing reasonable standards and procedures:
(a) For the establishment of committees, and
(b) Governing any general or specific delegation of any authority or function of the interstate commission.
4. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting.
5. Establishing the titles and responsibilities of the officers of the interstate commission.
6. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission.
7. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that exist on the termination of the compact after paying or reserving all of its debts and obligations.
8. Providing transition rules for start up administration of the compact.
9. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
B. The interstate commission shall, by a majority vote of the members, elect from among its members a chairperson and a vice‑chairperson, each of whom shall have the powers and duties specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice‑chairperson, shall preside at all meetings of the interstate commission. The officers elected shall serve without compensation or remuneration from the interstate commission. Subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, on terms and conditions and for compensation the interstate commission deems appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise other staff authorized by the interstate commission, but shall not be a member.
C. The interstate commission shall maintain its corporate books and records in accordance with the bylaws.
D. The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities. This subsection shall not be construed to protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any person. The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of the person. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of the person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
A. The interstate commission shall meet and take actions consistent with the provisions of this compact.
B. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must be taken at a meeting of the interstate commission and must receive an affirmative vote of a majority of the members present.
C. Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, is subject to the same quorum requirements of meetings at which members are present in person.
D. The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, on the request of a majority of the members, shall call additional meetings.
E. The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating the rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
F. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the government in the sunshine act (5 United States Code section 552b). The interstate commission and any of its committees may close a meeting to the public if it determines by two‑thirds vote that an open meeting would be likely to:
1. Relate solely to the interstate commission's internal personnel practices and procedures.
2. Disclose matters specifically exempted from disclosure by statute.
3. Disclose trade secrets or commercial or financial information that is privileged or confidential.
4. Involve accusing any person of a crime, or formally censuring any person.
5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.
6. Disclose investigatory records compiled for law enforcement purposes.
7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of the entity.
8. Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity.
9. Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding.
G. For every meeting closed pursuant to subsection F, the interstate commission's chief legal officer shall publicly certify that, in the legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons for the actions taken, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes. The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules that specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The interstate commission shall promulgate rules to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rule making shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C.S. section 551 et seq., and the federal advisory committee act, 5 U.S.C.S. App. 2, section 1 et seq., as may be amended. All rules and amendments are binding on the date specified in each rule or amendment.
B. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule has no further force and effect in any compacting state.
C. When promulgating a rule, the interstate commission shall:
1. Publish the proposed rule stating with particularity the text of the rule that is proposed and the reason for the proposed rule.
2. Allow persons to submit written data, facts, opinions and arguments, which shall be publicly available.
3. Provide an opportunity for an informal hearing.
4. Promulgate a final rule and its effective date, if appropriate, based on the rule making record.
D. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence as defined in the federal administrative procedure act, in the rule making record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include:
1. Notice to victims and opportunity to be heard.
2. Offender registration and compliance.
3. Violations and returns.
4. Transfer procedures and forms.
5. Eligibility for transfer.
6. Collection of restitution and fees from offenders.
7. Data collection and reporting.
8. The level of supervision to be provided by the receiving state.
9. Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.
10. Mediation, arbitration and dispute resolution.
E. The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created under this compact.
F. On determination by the interstate commission that an emergency exists, it may promulgate an emergency rule that is effective immediately on adoption, provided that the usual rule making procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
A. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states that significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission, the interstate commission is entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
B. The compacting states shall report to the interstate commission on issues or activities of concern to them and cooperate with and support the interstate commission in the discharge of its duties and responsibilities. The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and noncompacting states. The interstate commission shall enact bylaws or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
C. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII, subsection B of this compact.
ARTICLE X
FINANCE
A. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff that must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding on all compacting states that governs the assessment. Any increase in Arizona's assessment shall be approved by the state council.
C. The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the obligations and shall not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENTS
A. Any state, as defined in article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding on legislative enactment of the compact into law by no less than thirty‑five states. The initial effective date shall be the later of July 1, 2001, or on enactment into law by the thirty‑fifth state. Thereafter it is effective and binding, as to any other compacting state, on enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.
B. Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment is effective and binding on the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
A. Once effective, the compact shall continue in force and remain binding on each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact. The effective date of withdrawal is the effective date of the repeal. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing on the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state shall occur on the withdrawing state reenacting the compact or on such later date determined by the interstate commission.
B. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules the interstate commission may impose any or all of the following penalties:
1. Fines, fees and costs in amounts deemed to be reasonable as fixed by the interstate commission.
2. Remedial training and technical assistance as directed by the interstate commission.
3. Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. The grounds for default include failure of a compacting state to perform obligations or responsibilities imposed on it by this compact, interstate commission bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed in this subsection, the defaulting state may be terminated from the compact on an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of the termination. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed on between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
C. The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact or its duly promulgated rules and bylaws, against any compacting state in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation including reasonable attorney fees.
D. The compact dissolves effective on the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state. On the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
A. This compact does not diminish the constitutional authority of the Arizona legislature.
B. This compact is not contrary to any law of the state of Arizona. Notwithstanding any other law of the state of Arizona, this compact shall govern the interstate supervision of adult offenders.
C. The interstate commission shall promulgate rules and take action consistent with this compact that are binding on the state of Arizona as to the interstate supervision of adult offenders unless and to the extent the rules or action conflict with Arizona statutes.
D. Nothing in this section prevents the enforcement of any other Arizona law that is not inconsistent with this compact.
E. All agreements between the interstate commission and the compacting states are binding in accordance with the terms of the agreement. On the request of a party to a conflict over meaning or interpretation of interstate commission actions, and on a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
F. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by the provision on the interstate commission is ineffective and the obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Sec. 21. Section 32-2306, Arizona Revised Statutes, is amended to read:
32-2306. Pest management advisory committee; members; committee termination
A. The director shall establish by rule a pest management advisory committee to assist and make recommendations to the director regarding the administration and implementation of this chapter. The director shall appoint five members to the committee, including one public member.
B. The committee established pursuant to this section ends on July 1, 2018 pursuant to section 41‑3103.
Sec. 22. Section 35-504, Arizona Revised Statutes, is amended to read:
35-504. Debt oversight commission; membership; compensation; duties; commission termination
A. In order to provide more accurate and meaningful information to the public regarding bond issues, the debt oversight commission is established in the department of revenue.
B. The commission consists of the director of the department of revenue, who serves as chairman, and four private citizens knowledgeable in the area of finance or bond financing, one appointed by the governor and three appointed jointly by the president of the senate and the speaker of the house of representatives. The terms of appointive members are three years.
C. An appointment to fill a vacancy on the commission resulting from other than expiration of term is for the unexpired portion of the term.
D. The department of revenue shall provide secretarial and staff support services to the commission.
E. The private citizen members of the commission are eligible to receive fifty dollars per day for time spent in the performance of their duties. These monies shall be paid from monies appropriated to the department of revenue.
F. The commission shall meet at least annually and, in addition, at the call of the chairman. The commission shall meet at such times and places as convenient or necessary to conduct its affairs and shall render its findings, reports and recommendations in writing to the governor, to the director of the department of revenue and to the legislature.
G. The commission shall:
1. Review the information provided to the department as prescribed in section 35‑501.
2. Ascertain the bonded indebtedness of all taxing jurisdictions and the relationship to the appropriate debt limitation.
H. The commission established by this section ends on July 1, 2026 pursuant to section 41‑3103."
Renumber to conform
Page 24, strike lines 20 through 36
Strike pages 25 through 35, insert:
"Sec. 27. Repeal
Section 41-1008.01, Arizona Revised Statutes, is repealed.
Sec. 28. Section 41-1251, Arizona Revised Statutes, is amended to read:
41-1251. Joint committee on capital review; members; chairman; meetings; committee termination
A. A joint committee on capital review is established which consists of fourteen members, including the chairmen of the senate and house of representatives appropriations committees, the majority and minority leaders of the senate and the house of representatives, four members of the senate appropriations committee appointed by the president of the senate and four members of the house of representatives appropriations committee appointed by the speaker of the house of representatives.
B. The chairman of the senate appropriations committee has a term as chairman of the joint committee on capital review from the first day of the first regular session to the first day of the second regular session of each legislature, and the chairman of the house of representatives appropriations committee has a term from the first day of the second regular session to the first day of the next legislature's first regular session.
C. The joint committee on capital review shall meet as often as the members deem necessary, and a majority of the members constitutes a quorum for the transaction of business.
D. The committee established by this section ends on July 1, 2026 pursuant to section 41‑3103.
Sec. 29. Section 41-1279, Arizona Revised Statutes, is amended to read:
41-1279. Joint legislative audit committee; composition; meetings; powers and duties; committee termination
A. The joint legislative audit committee is established consisting of five members of the senate appointed by the president of the senate, one of whom shall be a member of the senate appropriations committee, and five members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the house of representatives appropriations committee. Selection of members shall be based on their understanding and interest in legislative audit oversight functions. Not more than three appointees of each house shall be of the same political party. The president and the speaker shall designate one of their appointed members as chairman of their respective delegation. The chairman of the audit committee shall serve for the term of each legislature. The chairmanship of the audit committee shall alternate between the chairman of the senate delegation and the chairman of the house of representatives delegation beginning with the chairman of the senate delegation. The president of the senate and the speaker of the house of representatives shall also serve as ex officio members of the committee.
B. The committee shall meet at least quarterly and on call of the chairman. Members of the committee are eligible for reimbursement by their respective houses in the same manner as a member of the legislature who attends a meeting of a standing committee.
C. The committee shall:
1. Oversee all audit functions of the legislature and state agencies including sunset, performance, special and financial audits, special research requests and the preparation and introduction of legislation resulting from audit report findings.
2. Appoint an auditor general subject to approval by a concurrent resolution of the legislature and direct the auditor general to perform all sunset, performance, special and financial audits and investigations.
3. Have the power of legislative subpoena in accordance with article 4 of this chapter.
4. Require state agencies to comply with findings and directions of the committee regarding sunset, performance, special and financial audits.
5. Perform all functions required by chapter 27 of this title relating to the sunset review of state agencies.
D. The committee established by this section ends on July 1, 2018 pursuant to section 41‑3103.
Sec. 30. Repeal
Title 41, chapter 7, articles 12 and 13, Arizona Revised Statutes, are repealed.
Sec. 31. Section 41-1361, Arizona Revised Statutes, is amended to read:
41-1361. Governmental mall commission; members; terms; compensation; commission termination; definition
A. A legislative governmental mall commission is established consisting of:
1. Two members appointed by the governor one of whom shall 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 appointed by the president of the senate.
5. One member of the public appointed by the speaker of the house of representatives.
6. The director of the department of administration or the director's designee.
7. The chairman of the historical advisory commission established by section 41‑151.20 or the chairman's designee.
8. Two members appointed by the chairman of the Maricopa county board of supervisors. One of these members shall have experience in county planning.
9. Two members appointed by the mayor of the city of Phoenix. One of these members shall 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, 2025 pursuant to section 41‑3103.
E. 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."
Renumber to conform
Page 38, between lines 35 and 36, insert:
"Sec. 35. Section 41-1505, Arizona Revised Statutes, is amended to read:
41-1505. Rural business development advisory council; council termination
A. The rural business development advisory council is established. The mission of the council is to advise the board of directors regarding rural business development strategies, including creating jobs, diversifying economies and attracting new investment.
B. The council consists of the following members:
1. One representative from each county, seven of whom are appointed by the governor and four each of whom are appointed by the president of the senate and the speaker of the house of representatives.
2. One representative of a rural development organization that represents statewide interests who is appointed by the governor.
3. One member representing all Indian tribes, nations, bands and communities in this state who is appointed by the governor.
4. The chief executive officer or the chief executive officer's designee.
C. Each year the governor shall appoint a member to serve as chairperson. The chairperson may be reappointed. Council members shall serve staggered three-year terms beginning and ending on the third Monday in January. The members of the council serve without compensation and are subject to title 38, chapter 3, article 8, relating to conflicts of interest.
D. The council shall:
1. Recommend to the board of directors policy development and funding allocations to complement regional and local economic development strategies that focus on and assist rural communities.
2. Leverage local, state and federal resources to advance business in rural areas of this state.
3. Develop selection criteria and an application format for rural communities or areas to use in applying for matching monies.
4. Make recommendations for coordinating personnel activities of the authority to ensure that communities receive appropriate technical assistance to implement economic development efforts.
5. Assist local rural economic development professionals, main street project managers and others involved in economic development.
6. Make recommendations regarding:
(a) State responsibilities under any necessary contracts with consultants, including the national main street center of the national trust for historic preservation.
(b) Coordination of the activities of other state agency personnel assisting with rural economic development programs.
7. Monitor the progress of main street communities and other aspects of the program.
8. Coordinate the expenditure of available federal monies to support rural business and economic development programs.
E. Each year the council shall develop a priority list of economic strength projects that meet the criteria established by section 28‑7281 and submit the list to the chief executive officer. The council shall confer with regional planning agencies and local authorities that would be affected by a specific economic strength project and shall submit their comments to the chief executive officer. After review by the board, the chief executive officer shall transmit the priority list and comments to the state transportation board. The council shall set priorities for individual projects based on the following:
1. The cost of the project.
2. The number of jobs that the project will cause to be created, retained or increased.
3. The nature and amount of capital investment or other contribution to the economy of this state or a local authority as a result of the project.
4. The likelihood that benefits resulting from the project will exceed the costs of the project.
5. Whether the amount of contributions to the project provided from other than the economic strength project fund is at least ten per cent of the cost of the project.
6. The amount and percentage of funding for the project that will come from a source other than the economic strength project fund as compared to other proposed projects.
7. The amount of expenditures required for local infrastructure relating to the project.
8. The magnitude of the project and its relative value to this state or a local authority as compared to other proposed projects.
9. The extent to which the project would contribute to achieving an equitable distribution of monies and projects among the various regions of this state and throughout this state as a whole.
10. The specific time schedule for completion of the project.
F. The council established by this section ends on July 1, 2021 pursuant to section 41‑3103."
Renumber to conform
Page 39, between lines 19 and 20, insert:
"Sec. 36. Section 41-1829, Arizona Revised Statutes, is amended to read:
41-1829. Arizona peace officers memorial board; board termination
A. An Arizona peace officers memorial board is established consisting of the attorney general, who shall serve as permanent chairman, the director of the department of public safety, the director of the state department of corrections, the executive director of the Arizona criminal justice commission, eleven members appointed pursuant to subsection B and as advisory members the chairmen of the appropriations and judiciary committees of the house of representatives and the senate. For the purposes of this subsection, "advisory member" means a member who gives advice to the other members of the peace officers memorial board at meetings of the board but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present.
B. The permanent chairman shall appoint one private citizen who is knowledgeable in the history of law enforcement in this state, one county sheriff, one local police chief, two members selected from a recognized fraternal organization for law enforcement personnel, two representatives from the business community, two family members of peace officers who have lost their lives in the line of duty and two members from a statewide organization representing law enforcement personnel.
C. The board shall meet at the call of the permanent chairman.
D. Members of the board are not eligible to receive compensation, but members appointed pursuant to subsection B are entitled to reimbursement from the Arizona peace officers memorial fund for reasonable expenses in traveling on and attending to official board business.
E. The board established by this section ends on July 1, 2019 pursuant to section 41-3103."
Renumber to conform
Page 44, after line 35, insert:
"Sec. 45. Section 41-4256, Arizona Revised Statutes, is amended to read:
41-4256. Senior advisory committee; membership; duties; committee termination
A. The senior advisory committee is established to enhance integration of disciplines involved in homeland security. In addition to membership required or permitted by federal homeland security grant program guidance, the committee consists of the following members:
1. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties or the members' proxies.
2. Two members of the senate who are appointed by the president of the senate and who are members of different political parties or the members' proxies.
B. The committee shall operate in accordance with federal homeland security grant program guidance.
C. Members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. The committee established by this section ends on July 1, 2019 pursuant to section 41‑3103."
Renumber to conform
Page 46, line 31, after the comma insert "line 15, strike "A.""; strike "17" insert "16"
Between lines 32 and 33, insert:
"Sec. 48. Section 43-221, Arizona Revised Statutes, is amended to read:
43-221. Joint legislative income tax credit review committee; committee termination
A. The joint legislative income tax credit review committee is established consisting of the following members:
1. Five members of the house of representatives ways and means committee appointed by the speaker of the house of representatives. Not more than three appointees shall be of the same political party.
2. Five members of the senate finance committee appointed by the president of the senate. Not more than three appointees shall be of the same political party.
B. The committee shall determine the original purpose of existing tax credits and establish a standard for evaluating and measuring the success or failure of the tax credits. The standard for evaluating tax credits may include:
1. The history, rationale and estimated revenue impact of the credit.
2. Whether the credit has provided a benefit to this state including, for corporate tax credits, measurable economic development, new investments, creation of new jobs or retention of existing jobs in this state.
3. Whether the credit is unnecessarily complex in the application, administration and approval process.
C. The committee shall review the individual and corporate income tax credits pursuant to the schedule prescribed in section 43‑222. The committee shall use the joint legislative budget committee staff and may use the staff of the department of revenue and legislative council for assistance.
D. After completing the review process, the committee shall determine whether the credit should be amended, repealed or retained. If the credit is recommended to be retained or amended, the committee shall recommend that the credit be returned to the income tax credit review schedule prescribed in section 43‑222. The next review year shall be the fifth full calendar year following the date the credit was reviewed. The committee shall report its findings and recommendations to the president of the senate, the speaker of the house of representatives and the governor by December 15 of the year that the committee reviews the credit. The committee shall provide a copy of the report to the director of the Arizona state library, archives and public records.
E. The committee established by this section ends on July 1, 2022 pursuant to section 41‑3103.
Sec. 49. Section 45-264, Arizona Revised Statutes, is amended to read:
45-264. Joint legislative adjudication monitoring committee
A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall consist of five three members of the senate appointed by the president of the senate, not more than three two of whom shall be members of the same political party, and of five three members of the house of representatives appointed by the speaker of the house of representatives, not more than three two of whom shall be members of the same political party.
B. The committee shall meet at least annually periodically and shall conduct hearings and request information from the director of the department of water resources as it deems necessary to be apprised of the status of the adjudications. The committee shall report to the president of the senate and the speaker of the house of representatives at least annually on its findings, and include in that report any recommendations for legislative action it considers necessary to the efficient, prompt and just conclusion of the adjudications.
Sec. 50. Section 45-2103, Arizona Revised Statutes, is amended to read:
45-2103. Arizona water protection fund commission; commission termination
A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who are residents of this state, who have demonstrated an interest in natural resources and who are appointed as follows:
1. One person who represents a multi‑county water conservation district established pursuant to title 48, chapter 22 and named by that district's governing board.
2. One person who represents a state association of natural resource conservation districts and who is appointed by the governor.
3. Four persons who represent natural resource conservation districts established pursuant to title 37, chapter 6, and who represent geographically diverse areas of this state, two of whom shall be appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives.
4. One member of the public who has at least a bachelor's degree in hydrology, who represents a city that is served by the central Arizona project and who is appointed by the governor.
5. One person who is knowledgeable in natural resource conservation issues or in water resource issues related to riparian ecosystems, who represents an agricultural improvement district established pursuant to title 48, chapter 17 and who is appointed by the governor.
6. One person who represents an Indian tribe and who is appointed by the chairman of the intertribal council of Arizona.
7. As nonvoting ex officio members, the director of the department of water resources and the state land commissioner.
8. As nonvoting advisory members, one member of the house of representatives who is appointed by the speaker of the house of representatives and one member of the senate who is appointed by the president of the senate. Advisory members may not be considered for purposes of establishing a quorum.
B. Members of the commission appointed pursuant to subsection A, paragraphs 1 through 6 of this section shall be appointed for staggered terms of three years. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office.
C. On request, members who are not ex officio members of the commission are eligible to receive compensation pursuant to section 38‑611, not to exceed three thousand dollars in any calendar year, and are eligible for reimbursement for expenses pursuant to title 38, chapter 4, article 2.
D. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
E. The commission established by this section ends on July 1, 2024 pursuant to section 41‑3103.
Sec. 51. Section 45-2421, Arizona Revised Statutes, is amended to read:
45-2421. Arizona water banking authority; authority termination
A. The Arizona water banking authority is established. The purposes, powers and duties of the authority shall be executed by a commission to be known as the Arizona water banking authority commission.
B. The commission consists of the following members who are residents of this state:
1. The director of water resources who serves as chairperson of the commission.
2. The president of CAWCD or a representative designated by that president.
3. One person who is appointed by the governor pursuant to section 38‑211 and who is knowledgeable in water resource management.
4. One person who is appointed by the governor pursuant to section 38‑211 and who represents an entity that holds a central Arizona project municipal and industrial subcontract.
5. One person who is appointed by the governor pursuant to section 38‑211 and who represents an entity that is located in a county adjacent to the mainstream of the Colorado river and that holds a valid contract with the secretary of the interior executed before June 1, 1996, for diversion and beneficial consumptive use of Colorado river water in that county.
C. The commission members appointed by the governor shall serve a six‑year term of office. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office. The term of office for the commission members appointed by the governor begins and ends on the third Monday in January. The commission members appointed pursuant to subsection B, paragraphs 3, 4 and 5 of this section may be removed by the governor for cause.
D. The commission members appointed by the governor serve without compensation but are eligible for reimbursement for expenses from the banking fund pursuant to title 38, chapter 4, article 2.
E. In order to qualify for office members of the commission shall take and subscribe to an official oath to perform the duties of their office. The oath shall be filed with the director. The official oaths shall be in the form prescribed by law for official oaths of state officers.
F. The president of the senate, or a senator designated by the president, and the speaker of the house of representatives, or a representative designated by the speaker, shall each serve as nonvoting ex officio members of the commission.
G. Members of the commission are public officers and are subject to all provisions of law applicable to these officers.
H. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
I. The authority established by this section ends on July 1, 2026 pursuant to section 41‑3103."
Renumber to conform
Page 48, between lines 8 and 9, insert:
"E. Laws 2012, chapter 66, section 12 is repealed."
Amend title to conform
David M. Gowan Sr. |