Bill
Number: S.B. 1533
Brophy
McGee Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Zack Dean
FLOOR
AMENDMENT EXPLANATION
1.
Specifies
that monies deposited in the Alzheimer's Disease Research Fund are required to
be distributed to a 501(c)(3) organization that is headquartered in Arizona and
has operated in Arizona for at least 10 years, utilizes certain technologies
and provides Alzheimer's education.
2.
Directs
the Governor's Office of Youth, Faith and Family, rather than the Director of
the Division for Children in the Governor's Office, to administer the Child
Abuse Prevention Fund (Fund).
3.
Requires
monies from the Fund to be allocated to primary prevention programs that
strengthen families and prevent child abuse in all its forms to children in
Arizona.
4.
Specifies
that beginning January 1, 2020, monies from the Fund may be allocated to child
and family advocacy centers to provide support to victims of child abuse.
5.
Removes
the application process to receive monies from the Fund and any additional
stipulations for the application process and distribution of allocated monies
from the Fund.
Page 9,
strike lines 39 through 44
Page 10,
strike lines 1 and 2 insert:
"b. the director shall annually allocate monies from the
fund, excluding administrative fees, to a charitable organization that is
qualified under section 501(C)(3) of the united states internal revenue code
for federal income tax purposes and that meets all of the following:
1. is
headquartered in this state.
2. has
been operating in this state for at least ten years.
3. has
participating member institutions that work together to end alzheimer's disease
by utilizing their complementary strengths in brain imaging, computer science,
genomics, basic and cognitive neurosciences and clinical and neuropathology
research, within a state-wide collaborative model.
4. has
member institutions that educate residents of this state about alzheimer's
disease, research progress and resources needed to help patients, families and
professionals manage the disease."
Between
lines 4 and 5, insert:
"Sec.
9. Section 41-109, Arizona Revised Statutes, is amended to read:
START_STATUTE41-109. Prevention
of child abuse fund
A. The
prevention of child abuse fund is established consisting of monies received
pursuant to section 28‑2417. The director of the division for children in the governor's office of
youth, faith and family shall administer the fund. Not more
than three per cent PERCENT of
monies deposited in the fund annually shall be used for the cost of
administering the fund. Monies in the fund are continuously
appropriated.
B. The
director of the division for children in the governor's
office of youth, faith and family shall allocate monies through a private foundation that is qualified under section 501(c)(3)
of the United States internal revenue code for federal income tax purposes,
that guarantees matching all or a portion of the monies and that further
allocates the monies to primary prevention programs that strengthen
families and that increase public and professional awareness to
prevent child abuse in all its forms to children in this state. The
director of the division for children in the governor's office shall forward
all monies deposited in the prevention of child abuse fund, excluding
administrative fees, to the private foundation on an annual basis. Beginning january 1, 2020, monies received pursuant to section 28-2417
may be allocated to child and family advocacy centers to provide support to
victims of child abuse.
C. On
notice from the director of the division for children in the governor's
office of youth, faith and family, the state treasurer
shall invest and divest monies in the fund as provided by section 35‑313
and monies earned from investment shall be credited to the fund.
D. Monies
in the fund are exempt from the provisions of section 35‑190 relating to
lapsing of appropriations.
E. Before
allocating monies pursuant to subsection B of this section:
1. The
director of the division for children in the governor's office shall prepare
and issue a request for donation application that includes at least the
following information:
(a) A
description of the nature of the donation project, including the scope of the
work to be performed by an awardee.
(b) Identification
of the funding source and the total amount of available funds.
(c) Whether
a single award or multiple awards may be made.
(d) Encouragement
of collaboration by entities for community partnerships, if appropriate.
(e) Any
additional information required by the applications.
(f) The
criteria or factors under which an application will be evaluated for award and
the relative importance of each criteria or factor.
(g) The
due date for submittal of an application and the anticipated time the awards
may be made.
2. Adequate
public notice of the request for donation application shall be given a
reasonable time before the date set forth in the request for
application. The notice may include publication one or more times in
a newspaper of general circulation in this state a reasonable time before the
application opening.
3. A
preapplication conference may be conducted before the due date for the
submittal of an application to explain the donation application
requirements. Statements made at a preapplication conference are not
amendments to a request for a donation application unless a written amendment
is issued.
4. A
donation application shall be publicly received at the time and place
designated in the request for donation application. The name of each
applicant shall be publicly read and recorded. All other information
in the donation application is confidential during the process of
evaluation. All applications shall be open for public inspection
after donations are awarded. To the extent the applicant designates and the
state concurs, trade secrets and other proprietary information contained in the
application shall remain confidential.
5. An
application shall be evaluated by at least three evaluators who are peers or
other qualified individuals. The evaluators may allow an applicant
to make an oral or written presentation regarding the scope of work, terms and
conditions of the donations, budget and other relevant matters set forth in the
request for application. An applicant shall be accorded fair
treatment with respect to any opportunity for oral or written
presentations. The evaluators may require an applicant to revise the
application to reflect information provided in an oral or written
presentation. Any person who has information contained in the application
of competing applicants shall not disclose that information.
6. The
evaluators shall review each application based solely on the evaluation
criteria or factors set forth in the request for donation
application. Each evaluator shall maintain a written record of the
evaluator's assessment of each application, which shall include comments
regarding compliance with each evaluation criteria or factor, the citation of a
specific criteria or factor as the basis of each stated strength or weakness
and a clear differentiation between comments based on facts presented in the
application and comments based on professional judgment.
7. The
evaluators shall make award recommendations to the director of the division for
children in the governor's office based on the evaluators' reviews of each
application. The evaluators' recommendations may include the
adjustment of the budgets of the applicants individually or collectively.
8. The
director of the division for children in the governor's office may affirm,
modify or reject the evaluators' recommendations in whole or in
part. Modification of the evaluators' recommendations may include
the adjustment of the budget on any proposed award individually or on all
awards by an amount or percentage. If the director of the division
modifies or rejects the recommendations, the director shall document in writing
the specific justifications for the action taken.
9. The
director of the division for children in the governor's office may enter into
agreements with other state governmental units to furnish assistance in
conducting the solicitation of donation applications.
10. The
director of the division for children in the governor's office may resolve
protests of the award or proposed award of a donation. An appeal
from a decision of the director of the division for children in the governor's
office may be made to the director of the department of
administration. A protest of an award or proposed award of a
donation and any appeals shall be resolved in accordance with the rules of procedure
adopted by the department of administration pursuant to section 41‑2611.
F. E. On
or before December 31 of each year, the director of the division
for children in the governor's office of youth, faith and
family shall submit a written report to the governor, the president of
the senate and the speaker of the house of representatives on all expenditures
made from the fund in that calendar year. The report shall include all
administrative expenses, all grants of monies, the names of grantees and any
remaining balance in the fund. The director shall provide a copy of
the report to the secretary of state and the director of the Arizona state
library, archives and public records.
G. F. The
director of the division for children in the governor's office
of youth, faith and family shall
make available to the public a list of all grants awarded pursuant to this
section.
H. For
the purposes of this section, unless the context otherwise requires:
1. "Donation"
means furnishing financial or other assistance, including state funds or
federal grant funds, by the director of the division for children in the
governor's office to any person for the purpose of supporting or stimulating
primary prevention programs that strengthen families and that increase public
and professional awareness to prevent child abuse in all its forms to children
of this state if no substantial involvement between the division for children
and the recipient occurs during performance.
2. "Person"
means any corporation, business, individual, committee, club or other
organization or group of individuals."
Renumber to conform
Amend title to conform