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REFERENCE TITLE: trust lands; universities; designated trustee |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1268 |
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Introduced by Senator Dial
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AN ACT
Amending section 37-101, Arizona Revised Statutes; amending title 37, chapter 2, article 1, Arizona Revised Statutes, by adding section 37-206; amending sections 37-522, 37-523 and 37-524, Arizona Revised Statutes; relating to state trust lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-101, Arizona Revised Statutes, is amended to read:
37-101. Definitions
In this title, unless the context otherwise requires:
1. "Agricultural lands" means lands which that are used or can be used principally for:
(a) Raising crops, fruits, grains and similar farm products.
(b) Algaculture. For the purposes of this subdivision, "algaculture" means the controlled propagation, growth and harvest of algae.
2. "Amortized value" means the value for improvements established pursuant to section 37‑281.02, subsection G.
3. "Commercial lands" means lands which that can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights‑of‑way.
4. "Commissioner" means either of the following:
(a) The state land commissioner.
(b) The Arizona board of regents, only for the purposes of the sale, lease, management and administration of trust lands in which a university has designated the Arizona board of regents as trustee.
5. "Community identity package" means a design theme, including such elements as architecture, landscape, lighting, street furniture, walls and signage.
6. "Department" means the state land department.
7. "Grazing lands" means lands which that can be used only for the ranging of livestock.
8. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development.
9. "Homesite lands" means lands which that are suitable for residential purposes.
10. "Improvements" means anything permanent in character which that is the result of labor or capital expended by the lessee or his the lessee's predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon, and which that has enhanced the value of the land.
11. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which that are constructed or located on state lands and which that are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities.
12. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having that has jurisdiction for the area and which that is responsible for the provision of these facilities and services.
13. "Leased school or university land" means school or university land for which a lease has been issued by the state, or the territory of Arizona, and under which the lessee retains rights.
14. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area.
15. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases.
16. "Section of land" means an area of land consisting of six hundred forty acres.
17. "State lands" means any land owned or held in trust, or otherwise, by the state, including leased school or university land.
18. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease.
19. "Urban lands" means any state lands which that are adjoining existing commercially or homesite developed lands and which that are either:
(a) Within the corporate boundaries of a city or town.
(b) Adjacent to the corporate boundaries of a city or town.
(c) Lands for which the designation as urban lands is requested pursuant to section 37‑331.01.
20. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question.
Sec. 2. Title 37, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 37-206, to read:
37-206. Arizona board of regents; trustee; universities
A. For the purposes of the sale, lease, management and administration of the trust lands for which a university in this state is a beneficiary, the university may designate the Arizona board of regents as trustee.
B. If a university designates the Arizona board of regents as trustee of the trust lands in which the university is a beneficiary, the university shall notify the department.
C. As trustee, the Arizona board of regents shall provide for the sale, lease, management and administration of the trust lands as prescribed by law.
Sec. 3. Section 37-522, Arizona Revised Statutes, is amended to read:
37-522. Universities land fund; composition; use
A. After any appropriation pursuant to section 37-527, the universities land fund shall consist of:
1. The proceeds of all lands granted to the this state by the United States for university purposes.
2. All property donated by individuals for university purposes, unless the terms of the donation otherwise provide.
3. The sale of timber, mineral, gravel or other natural products or property from lands granted or given for university purposes.
B. The fund is and shall remain a perpetual fund for the benefit and support of the universities of this state, and distributions from the fund pursuant to article X, section 7, Constitution of Arizona, together with the monies derived from the sales of timber or timber products and the rental of the lands and property, including interest and accrued rent for that year credited pursuant to section 37‑295, shall be used.
C. If a university designates the Arizona board of regents as trustee of the lands for which the university is a beneficiary pursuant to section 37‑206, the Arizona board of regents shall deposit monies into the universities land fund pursuant to subsection A of this section.
Sec. 4. Section 37-523, Arizona Revised Statutes, is amended to read:
37-523. Normal schools land fund; composition; use
A. After any appropriation pursuant to section 37-527, the normal schools land fund shall consist of:
1. The proceeds of all lands granted to the this state by the United States for normal schools for the purpose of training teachers.
2. All property donated for normal schools, teacher colleges or colleges of education for the purpose of training teachers, unless the terms of the donation otherwise provide.
3. The sale of timber, mineral, gravel or other natural products of property granted or donated for such purposes.
B. The fund shall be and remain a perpetual fund for the benefit and support equally of the universities for the purpose of training teachers, and distributions from the fund pursuant to article X, section 7, Constitution of Arizona, together with the monies derived from the rental of the lands and property, including interest and accrued rent for that year credited pursuant to section 37‑295, shall be used.
C. If a university designates the Arizona board of regents as trustee of the lands for which the university is a beneficiary pursuant to section 37‑206, the Arizona board of regents shall deposit monies into the normal schools land fund pursuant to subsection A of this section.
Sec. 5. Section 37-524, Arizona Revised Statutes, is amended to read:
37-524. Agricultural and mechanical colleges land fund and school of mines land fund; composition; use
A. After any appropriation pursuant to section 37-527, the agricultural and mechanical colleges land fund, and the school of mines land fund, shall separately consist of the proceeds of:
1. All lands granted to the this state by the United States for the respective purposes named.
2. All property donated by individuals for like purposes, unless the terms of the donation otherwise provide.
3. The sale of timber, mineral, gravel or other natural products or property from lands granted or donated for such purposes.
B. The funds provided for in this section shall be and remain perpetual funds for the benefit and support of the agricultural and mechanical colleges and the schools of mines at the universities, and distributions from the funds pursuant to article X, section 7, Constitution of Arizona, together with the money derived from the rental of the lands and property, including interest and accrued rent for that year credited pursuant to section 37‑295, shall be used.
C. If a university designates the Arizona board of regents as trustee of the lands for which the university is a beneficiary pursuant to section 37‑206, the Arizona board of regents shall deposit monies into the agricultural and mechanical colleges land fund and the school of mines land fund pursuant to subsection A of this section.
Sec. 6. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-second legislature, second regular session.