Second Regular Session H.B. 2437
COMMITTEE ON GOVERNMENT AND ENVIRONMENT
SENATE AMENDMENTS TO H.B. 2437
(Reference to House engrossed bill)
Page 41, strike lines 1 through 10
Renumber to conform
Strike lines 42 and 43, insert:
"Sec. 22. Section 36-779, Arizona Revised Statutes, is amended to read:
36-779. Tobacco revenue use spending and tracking commission; commission termination
A. On or before January 1, 2012, The president of the senate and the speaker of the house of representatives shall establish a tobacco revenue use spending and tracking commission.
B. The president of the senate and the speaker of the house of representatives shall each appoint six members to the commission who have expertise in any of the following:
1. Public health services.
2. Programs relating to tobacco use cessation or tobacco addiction.
3. School-based tobacco education programs.
4. Marketing or public relations.
5. Research and evaluation of public health programs.
C. The speaker of the house of representatives and the president of the senate shall each appoint one member of the house of representatives and the senate respectively to serve as nonvoting advisory members of the commission whose presence is not counted for purposes of determining the presence of a quorum.
D. Commission members serve at the pleasure of their respective appointing officer.
E. Commission members are not eligible to receive compensation or reimbursement of expenses.
F. The commission shall advise and consult with the department of health services on the goals, objectives and activities of programs that receive monies pursuant to section 36‑772.
G. The commission shall meet at least four times each calendar year.
H. At its first meeting the commission shall elect a chairperson and vice-chairperson from among its members and shall adopt bylaws to govern issues related to the conduct of commission business and conflicts of interest.
I. The commission established by this section ends on July 1, 2021 pursuant to section 41‑3103."
Page 42, lines 3 and 4, strike "executive director" insert "President"
Line 7, strike "executive director" insert "President"
Lines 9 and 10, strike "executive director" insert "President"
Lines 25 and 30, strike "executive director" insert "President"
Page 43, line 27, strike "executive director" insert "President"
Line 33, after "requirements" insert "; joint border security advisory committee; trust fund; committee termination"
Page 44, strike lines 18 through 42
Page 45, strike lines 1 through 40, insert:
"C. The joint border security advisory committee is established consisting of the following members:
1. The president of the senate or the president's designee as a nonvoting member.
2. The speaker of the house of representatives or the speaker's designee as a nonvoting member.
3. Two members of the house of representatives who are appointed by the speaker of the house of representatives as nonvoting members.
4. Two members of the senate who are appointed by the president of the senate as nonvoting members.
5. Six members who are appointed by the governor.
6. A county sheriff from a county that has a population of more than three million persons.
7. A county sheriff from a county that has a population of more than three hundred thousand persons but less than six hundred thousand persons.
8. A county sheriff from a county that is located along the Arizona‑Mexico border and that has a population of more than one hundred thousand persons but less than one hundred fifty thousand persons.
9. A county sheriff from a county that is located along the Arizona‑Mexico border and that has a population of at least one hundred fifty thousand persons but less than six hundred thousand persons.
D. Committee members are not eligible to receive compensation or reimbursement of expenses for committee activities.
E. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.
F. The committee shall meet on the call of the two cochairpersons, but no more frequently than monthly.
G. The committee may:
1. Take testimony and other evidence regarding the international border with Mexico.
2. Analyze border crossing statistics.
3. Analyze related crime statistics.
4. Make recommendations designed to increase border security.
5. Administer and manage the construction and maintenance of the border fence.
6. Make other recommendations deemed essential by the committee.
H. The committee may use the services of legislative staff as required.
I. Beginning November 30, 2011 and Each month thereafter, the committee shall submit a written report of its findings and recommendations to the speaker of the house of representatives, the president of the senate and the governor. The committee shall provide a copy of the report to the secretary of state.
J. Notwithstanding any law to the contrary, the committee may vote to go into executive session to take testimony or evidence it considers sensitive or confidential in nature, which if released could compromise the security or safety of law enforcement or military personnel or a law enforcement or national guard law enforcement support operation.
K. The border security trust fund is established consisting of monies collected pursuant to this section. The state treasurer shall administer the trust fund as trustee for the purposes of the compact entered into pursuant to subsection A of this section or for the purposes of subsection B of this section. The compact entered into pursuant to subsection A of this section or the border fence pursuant to subsection B of this section is the beneficiary of the trust fund. All monies in the trust fund shall be used exclusively to carry out the purposes of this section. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35‑310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. The state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35‑313 and 35‑314.03, and monies earned from investment shall be credited to the trust fund. Monies in the trust fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
L. The committee established by subsection C of this section ends on July 1, 2020 pursuant to section 41‑3103."
Page 53, line 38, strike "study"
Between lines 42 and 43, insert:
"1. "Committee" means any statutory board, commission, committee, council or panel that is not otherwise subject to article 1 of this chapter."
Renumber to conform
Page 54, strike lines 4 and 5
Line 8, strike "study"
Line 10, strike "any new study committee that is established by"
Page 54, line 11, strike "its" insert "the"; after "legislation" insert "for any new committee it establishes"
Line 12, strike “TEN” insert “eight”
Between lines 13 and 14, insert:
"Sec. 40. Section 41-3953, Arizona Revised Statutes, is amended to read:
41-3953. Department powers and duties
A. The department is responsible for establishing policies, procedures and programs that the department is authorized to conduct to address the affordable housing issues confronting this state, including housing issues of low income families, moderate income families, housing affordability, special needs populations and decaying housing stock. Among other things, the department shall provide to qualified housing participants and political subdivisions of this state financial, advisory, consultative, planning, training and educational assistance for the development of safe, decent and affordable housing, including housing for low and moderate income households.
B. Under the direction of the director, the department shall:
1. Establish guidelines applicable to the programs and activities of the department for the construction and financing of affordable housing and housing for low and moderate income households in this state. These guidelines shall meet or exceed all applicable state or local building and health and safety code requirements and, if applicable, the national manufactured home construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P.L. 93‑383, as amended by P.L. 95‑128, 96‑153 and 96‑339). Guidelines established pursuant to this paragraph do not apply to the department's activities prescribed in section 35‑726, subsection E.
2. Provide staff support to the Arizona housing commission and coordinate its activities.
3. 2. Accept and allocate any monies as from time to time may be appropriated by the legislature for the purposes set forth in this article.
4. 3. Perform other duties necessary to administer this chapter.
5. 4. Perform the duties prescribed in sections 35‑726, 35‑728 and 35‑913 and chapter 4.3 of this title.
6. 5. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with the agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.
7. 6. Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives.
8. 7. Provide information and advice on request of any local, state or federal agencies, private persons and business enterprises on matters within the scope of department activities.
9. 8. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.
10. 9. Make annual reports to the governor and the legislature on its activities, including the geographic location of its activities, its finances and the scope of its operations.
C. Under the direction of the director, the department may:
1. Assist in securing construction and mortgage financing from public and private sector sources.
2. Assist mortgage financing programs established by industrial development authorities and political subdivisions of this state.
3. Assist in the acquisition and use of federal housing assistance programs pertinent to enhance the economic feasibility of a proposed residential development.
4. Assist in the compliance of a proposed residential development with applicable federal, state and local codes and ordinances.
5. Prepare and publish planning and development guidelines for the establishment and delivery of housing assistance programs.
6. Contract with a federal agency to carry out financial work on the federal agency's behalf and accept payment for the work.
7. Subcontract for the financial work prescribed in paragraph 6 of this subsection and make payments for that subcontracted work based on the expectation that the federal agency will pay for that work.
8. Accept payment from a federal agency for work prescribed in paragraph 6 of this subsection and deposit those payments in the Arizona department of housing program fund established by section 41‑3957.
9. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties.
10. Contract for and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties.
11. Use any media of communication, publication and exhibition in the dissemination of information, advertising and publicity in any field of its purposes, objectives or duties.
12. Adopt rules deemed necessary or desirable to govern its procedures and business.
13. Contract with other agencies in furtherance of any department program.
14. Use monies, facilities or services to provide contributions under federal or other programs that further the objectives and programs of the department.
15. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of this article and deposit these monies in the Arizona department of housing program fund established by section 41‑3957.
16. Establish and collect fees and receive reimbursement of costs in connection with any programs or duties performed by the department and deposit the fees and cost reimbursements in the Arizona department of housing program fund established by section 41‑3957.
17. Provide staff support to the Arizona housing finance authority and coordinate its activities.
D. For the purposes of this section, the department is exempt from chapter 23 of this title.
E. The department is the designated state public housing agency as defined in the United States housing act of 1937 (42 United States Code sections 1401 through 1440) for the purpose of accepting federal housing assistance monies and may participate in the housing assistance payments program. Federal monies may be secured for all areas of this state subject only to the limitations prescribed in subsection F of this section.
F. For areas of this state where an existing public housing authority has not been established pursuant to section 36‑1404, subsection A, the department acting as a public housing agency may undertake all activities under the section 8 tenant‑based rental housing assistance payment program, except that the department shall not undertake a section 8 tenant‑based rental housing assistance payment program within the boundaries of a city, town or county unless authorized by resolution of the governing body of the city, town or county. If the department accepts monies for a section 8 tenant‑based rental housing assistance payment program for areas of this state where an existing public housing authority has been established pursuant to section 36‑1404, subsection A, the department shall only accept and secure federal monies to provide housing for the seriously mentally ill or other disabled populations. The department may accept and secure federal monies for undertaking all contract administrator activities authorized under a section 8 project‑based rental housing assistance payment program in all areas of this state, and this participation does not require the authorization of any local governing body.
G. The department shall not itself directly own, construct, operate or rehabilitate any housing units, except as may be necessary to protect the department's collateral or security interest arising out of any department programs.
H. Notwithstanding any other provision of this section, the department may obligate monies as loans or grants applicable to programs and activities of the department for the purpose of providing housing opportunities for low or moderate income households or for housing affordability or to prevent or combat decaying housing stock. Unless otherwise required by federal or state law, any loan repayments shall be deposited in the Arizona department of housing program fund established by section 41‑3957.
I. For any construction project financed by the department pursuant to subsection C of this section, except for contract administration activities in connection with the project‑based section 8 program, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations.
Sec. 41. Repeal
Section 41-3954, Arizona Revised Statutes, is repealed."
Renumber to conform
Page 55, line 24, strike "; trust fund"
Line 25, after "sessions" insert "; committee termination"
Strike line 36
Page 56, line 15, strike "legislative"
Strike lines 18, 19 and 20
Strike lines 27 through 41, insert:
"I. The committee established by this section ends on July 1, 2024 pursuant to section 41‑3103."
Page 58, strike lines 11 through 44
Strike page 59
Page 60, strike lines 1 through 14
Renumber to conform
Page 61, strike lines 19 through 35
Amend title to conform
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