REFERENCE TITLE: special agency funds; limitation

State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020

HCR 2038

Introduced by Representative Allen J

 

A CONCURRENT RESOLUTION

 

proposing an amendment to the constitution of arizona; amending Article IX, Constitution of Arizona, by adding section 26; relating to state finances.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Article IX, Constitution of Arizona, is proposed to be amended by adding section 26 as follows if approved by the voters and on proclamation of the Governor:

26.  Special agency funds; limitation

Section 26.  A.  The legislature may establish special agency funds that provide for the following:

1.  All monies deposited in a special agency fund administered by a self‑supporting regulatory agency are subject to annual legislative appropriation.

2.  All monies deposited in a special agency fund administered by a self‑supporting regulatory agency shall be used by the agency for administration and enforcement.

3.  Unless otherwise provided by the legislature, a self‑supporting regulatory agency may not spend more monies than are appropriated from the special agency fund to the agency for the fiscal year.

4.  Any unexpended or unencumbered balance of monies remaining in a special fund at the end of a fiscal year do not revert to the state general fund.

B.  the legislature may not appropriate or divert monies in a special agency fund established pursuant to this section to a different agency or fund unless at least two‑thirds of the members of each house of the legislature, by a roll call of ayes and nays, vote to appropriate or divert the monies to the different agency or fund.

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.