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REFERENCE TITLE: education; appropriation; noncustodial federal monies |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1152 |
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Introduced by Senators Allen S: Griffin
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AN ACT
amending Title 15, chapter 9, Arizona Revised Statutes, by adding article 9; relating to the school district budgeting and financial assistance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 9, Arizona Revised Statutes, is amended by adding article 9, to read:
ARTICLE 9. APPROPRIATION OF NONCUSTODIAL FEDERAL
MONIES TO THE DEPARTMENT OF EDUCATION
15-1051. Definition of noncustodial federal monies
In this article, unless the context otherwise requires, "noncustodial federal monies":
1. Means federal monies that are received by the department of education and that meet at least one of the following criteria:
(a) Are designated by the federal government as block grant monies.
(b) Are designated by the federal government as general revenue sharing monies.
(c) Provide this state with broad authority to make spending decisions regarding the development, implementation or operation of a program or service.
(d) Are considered essential to meet total spending obligations of a federally required or matched program or service authorized by the legislature in which the federal government requires at least one percent of the program or service funding to come from this state.
2. Does not include federal monies awarded directly to school districts or charter schools.
15-1052. Receipt of noncustodial federal monies; accounting
The department of education shall account for all noncustodial federal monies it receives in separate accounts or funds as necessary to meet accounting, budgetary and auditing requirements. The department of education may use the most efficient system of accounts and records, consistent with legal requirements and standards and necessary fiscal safeguards.
15-1053. Appropriation of noncustodial federal monies; legislative powers and duties
A. The legislature retains the authority to appropriate noncustodial federal monies. If the legislature does not make an appropriation for either a particular fund, a specific grant program or a block of noncustodial federal monies, the department of education shall administer and may spend these monies pursuant to federal and state law.
B. The legislature shall specify in each noncustodial federal monies appropriation to the department of education the purpose or purposes for which the noncustodial federal monies are to be used, consistent with federal law. For the purpose of obtaining expenditure authority for noncustodial federal monies that may become available when the legislature is not in session, the legislature may make a lump sum appropriation to the department of education. The joint legislative budget committee shall review in advance the expenditure of any monies by the department of education from the lump sum appropriation, subject to any condition specified by the legislature.
C. If the amount of the noncustodial federal monies received by the department of education is less than the amount appropriated, the total appropriation of noncustodial federal monies shall be reduced to the amount of the noncustodial federal monies received. The activities financed by the noncustodial federal monies shall be reduced proportionately.
D. If the amount of the noncustodial federal monies received by the department of education is more than the amount appropriated, the total appropriation of federal and state monies allocated for a program shall remain at the amount designated by the legislature. The state treasurer shall credit the excess noncustodial federal monies to the appropriate department of education account.
Sec. 2. Effective date
Title 15, chapter 9, article 9, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2018.