Bill
Number: S.B. 1823
Livingston Floor Amendment
Reference to: printed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
Attorney General (AG)
1. Appropriates $40,000 from the Consumer Fraud Fund to the AG for the Missing and Murdered Indigenous Peoples Study Committee.
2. Appropriates $1,500,000 from the Consumer Fraud Fund to the AG for an Organized Retail Theft Task Force (Task Force).
3. Requires the AG to establish the Task Force to combat crimes relating to stealing, embezzling or obtaining by fraud, false pretenses or other illegal means of retail merchandise for the purpose of reselling or reentering the items into commerce.
4. Limits the jurisdiction of the Task Force to offenses returned by the state grand jury.
5. Requires the AG to invite federal, state and local law enforcement personnel to participate in the Task Force to effectively use their combined skills, expertise and resources.
6. Requires the Task Force to review, investigate and prosecute appropriate cases brought by law enforcement agencies, authorized loss prevention personnel or both.
7. Allows a member of the Legislature to submit a recommendation of a certified peace officer to the AG to be placed on the Task Force.
8. Requires members of the Task Force to:
a) investigate, apprehend and prosecute appropriate individuals or entities that participate in the purchase, sale or distribution of stolen property from a retail establishment or use an internet or network site; and
b) target individuals or entities that commit theft and other property crimes for financial gain.
9. Requires the AG to use monies appropriated to the Task Force to enter into one or more intergovernmental agreements with other state and local law enforcement agencies and with any similar organized retail theft task force program that coordinates a national network of coordinated task forces that assist law enforcement agencies in investigations, forensic examinations and prosecutions relating to organized retail theft.
10. Requires the Task Force to consist of at least one full-time prosecutor, one paralegal, one support staff, at least two investigators and four peace officers.
11. Requires the Task Force to have a regularly scheduled meeting to review cases and provide updates on ongoing cases to the Task Force.
12. Requires the Task Force, on or before July 1 of each year, to submit a report to the Legislature on the Task Force's activities and recommendations for legislative action relating to criminal penalties for crimes that have a negative impact on Arizona's economy.
13. Terminates the Task Force on July 1, 2029.
Department of Child Safety (DCS)
14. Clarifies DCS dates for semi-annual report as February 28th and August 31st, rather than December 31, 2021, and June 30, 2022.
Arizona Commerce Authority (ACA)
15. Requires the Arizona Commerce Authority (ACA) to distribute monies for blockchain/wearable research to applied research centers and institutes located in Arizona that specialize in blockchain or wearable technology to be allocated as follows:
a) $2,500,000 to applied research centers that specialize in blockchain technology; and
b) $2,500,000 to applied research centers that specialize in wearable technology.
16. Requires the ACA, subject to available funding, distribute monies in the blockchain/wearable research to any applied research center in increments of $250,000 within 30 days after the applied research center has notified the ACA that the center has received a matching amount from sources other than the state.
17. Exempts the ACA from statute requirements relating to the procurement code for distributions to applied research centers.
18. Requires an applied research center that receives funding to collaborate with universities, nonprofit business associations, health science research centers, institutes or other technology businesses in Arizona.
19. Requires the applied research center or institute, by September 15, 2025, to return all unexpended and unencumbered monies on September 1, 2025 to the ACA.
20. Requires the ACA to notify the Legislature, by July 1, 2022 and July 1, 2023, if the ACA has not distributed any monies.
21. Requires an applied research center or institute that receives monies to annually submit an expenditure and performance report to the ACA and for the ACA to transmit the report to the Joint Legislative Budget Committee and Governor's Office of Strategic Planning and Budgeting on or before February 1, 2022, 2023, 2024, 2025 and 2026.
22. Exempts the appropriation to the ACA for blockchain/wearables technology from lapsing and reverts any unexpended and unencumbered monies on June 30, 2025 to the state General Fund (state GF).
Community Colleges
23. Increases the appropriation for Urban Aid to Maricopa Community College and Pima Community College from $5,000,000 to $13,000,000.
Department of Economic Security (DES)
24. Appropriates $1,500,000 from the state GF to DES in FY 2022 for Area Agencies on Aging adult services.
25. States the legislature intends that childcare provider rate increases are contingent upon available federal funding and may not continue in future years after the monies have been spent.
K-12 Rollover
26. Appropriates $35,000,000 from the state GF in FY 2022 to the Arizona Department of Education for additional K-12 rollover repayment.
Forestry and Fire Management
27. Removes additional funding in the Department of Forestry and Fire Management for fire mitigation teams.
Department of Gaming
28. Appropriates $5,000,000 from the state GF in FY 2022 to the Department of Gaming for racetrack purses and maintenance and operations funding.
29. Requires the appropriation for racetrack purses and maintenance and operations be distributed to commercial live racing permittees abased on each permittee's three-year average of race days reflected in the length of the permit.
30. Requires the monies for racetrack purses and maintenance and operations be used to enhance the general purse structure and for track maintenance and operations.
Department of Health Services
31. Requires the monies appropriated to the Department of Health Services for a family health pilot program be distributed to at least two nonprofit organizations.
Industrial Commission
32. Appropriates $95,000 and 1 FTE from the state GF in FY 2022 to the Industrial Commission for municipal firefighter reimbursement administration.
33. States the Legislature's intent the appropriation be used only for administrative costs and that the appropriation does not convey any responsibility for firefighter cancer compensation and benefits claims on to the state.
Arizona State Parks Board
34. Reduces the appropriation for the Arizona State Parks Board Heritage Fund from $10,000,000 to $5,000,000.
35. Exempts the appropriation for the Arizona Trail from lapsing until June 30, 2023.
Secretary of State (SOS)
36. Allows the SOS to hire one FTE to serve as a legal advisor and to represent the SOS.
37. Prohibits the SOS from making expenditures or incur indebtedness to employ outside or private attorneys to provide representation or services.
School Safety Program
38. Changes the allocations for the School Safety Program:
a) from $2,085,800 to $2,100,000 for Maricopa County Sheriff;
b) from $224,900 to $100,000 for Mohave County Sheriff; and
c) from $189,300 to Yavapai County Sheriff to $300,000 to Yavapai and Navajo County Sheriffs.
Universities
39. Increases the appropriation to Arizona State University (ASU) School of Civic and Economic Thought and Leadership by $1,500,000 from the state GF in FY 2022.
40. Appropriates $250,000 from the state GF in FY 2022 to ASU for a Political History and Leadership Program.
41. States the appropriation for the Political History and Leadership Program is to expand the political history and leadership program within the school of historical, philosophical and religious studies at ASU.
42. Requires the monies for the Political History and Leadership Program be used at the sole discretion and approval of the lead of the program and monies be used only to directly support the program, including teaching staff and teaching support.
43. Increases the appropriation to the University of Arizona (UofA) Center for the Philosophy of Freedom by $1,000,000 from the state GF in FY 2022.
44. Increases the appropriation for the New Economy initiative by $25,000,000 from the state GF in FY 2022.
Arizona Department of Water Resources (ADWR)
45. Appropriates $1,500,000 from the Recycling Fund to the Water Quality Fee Fund.
46. Requires the Department of Water Resources (ADWR) use the monies in the Agua Fria Flood Insurance Study to complete a study of the hydrology and hydraulics of the Agua Fria River from New Waddell Dam to the confluence with the Gila River.
47. Allows ADWR to contract with an engineering firm that has not contracted with or otherwise associated with a county flood control district in an Arizona county with a population of more than 1,500,000 persons.
48. Requires ADWR to complete the report by March 31, 2023.
Transwestern Pipeline
49. Changes the reporting dates relating to the Transwestern Pipeline appropriation from June to July 2021.
Debt
50. Appropriates $470,000,000 from the state GF in FY 2021 to the Arizona Department of Administration for the retirement or defeasance of the financing agreement entered Laws 2009, Third Special Session, Chapter 6, Section 32.
51. Allows the Director of ADOA, for and on behalf of the School Facilities Board, execute and deliver documents, engage fiduciaries and take or direct all actions necessary in connection with the retirement and defeasance of the financing agreement.
52. Reverts any monies after the retirement or defeasances are executed to the state GF.
53. Increases the appropriation to the Public Safety Personnel Retirement System (PSPRS) to reduce the unfunded accrued liability from $300,000,000 to $500,000,000 from the state GF in FY 2021.
54. Appropriates $500,000,000 from the state GF in FY 2021 to the PSPRS to be deposited in the employer account of the State Department of Corrections Officer Retirement Plan (CORP) group to reduce the unfunded accrued liability.
55. Requires the Board of Trustees (Board) of the PRPRS account for the appropriation in the June 30, 2021 actuarial valuation of both PRPRS and CORP.
56. Requires the Board to account for the appropriation when calculating the employee contribution rates and employer rates, which PRPRS and CORP must use when making contributions during FY 2023.
Arizona Department of Transportation (ADOT)
57. Changes the $3,300,000 appropriation to the Highway User Revenue Fund to ADOT to be distributed by the Vehicle License Tax surcharge statute.
Miscellaneous
58. Extends the nonlapsing date for monies in the Crisis Contingency Fund from June 30, 2021 to June 30, 2022.
59. Changes multi-year revenue and expenditure estimates.
60. Makes technical and conforming changes.
First Regular Session S.B. 1823
LIVINGSTON FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1823
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Laws 2020, chapter 56, section 8 is amended to read:
Sec. 8. Supplemental appropriation; crisis contingency and safety net fund; reversion
A. In addition to any other appropriations made in fiscal year 2019-2020, the sum of $50,000,000 is appropriated from the state general fund in fiscal year 2019-2020 to the crisis contingency and safety net fund established by section 41-110, Arizona Revised Statutes, as added by this act.
B. Notwithstanding section 35-190, Arizona Revised Statutes, and section 41-110, Arizona Revised Statutes, as added by this act, the appropriation made in subsection A of this section that is unexpended and unencumbered on June 30, 2021 2022 reverts to the state general fund."
Renumber to conform
Page 9, line 17, strike "615.7" insert "624.7"
Between lines 28 and 29, insert:
"Study committee on missing and
murdered indigenous peoples 40,000
Organized retail theft
task force 1,500,000"
Line 38, strike "$83,053,300" insert "$84,593,300"
Page 10, line 4, strike "15,184,400" insert "16,724,400"
Between lines 33 and 34, insert:
"The attorney general shall establish an organized retail theft task force to combat crimes that relate to stealing, embezzling or obtaining retail merchandise by fraud, false pretenses or other illegal means for the purpose of reselling the items or for reentering the items into commerce. The task force shall investigate only those offenses or violations that are under the attorney general's jurisdiction as prescribed by section 21-422, Arizona Revised Statutes. The attorney general shall invite federal, state and local law enforcement personnel to participate in the task force in order to more effectively use the combined skills, expertise and resources of law enforcement personnel. The task force shall review, investigate and prosecute appropriate cases brought before the task force by law enforcement agencies or authorized loss prevention personnel. A member of the legislature may submit the name of a certified peace officer to the attorney general and recommend the officer's placement on the task force. Members of the task force shall investigate, apprehend and prosecute, as appropriate, individuals or entities that participate in the purchase, sale or distribution of stolen property from a retail establishment or through the use of an internet or network site and shall target individuals or entities that commit theft and other property crimes for financial gain. The attorney general may enter into one or more intergovernmental agreements with other state and local law enforcement agencies and with any similar organized retail theft task force program that coordinates a national network of coordinated task forces that assist federal, state, local and tribal law enforcement agencies in conducting investigations, forensic examinations and prosecutions related to organized retail theft. The task force shall consist of at least one full-time prosecutor, paralegal and support staff person, at least two investigators and four peace officers. The task force shall have regularly scheduled meetings to review cases and provide updates on ongoing cases to all members of the task force. On or before July 1 of each year the task force is in existence, the task force shall submit a report to the legislature on the task force's activities and any recommendations for legislative action relating to criminal penalties for crimes that have a negative impact on this state's economy. The task force ends on July 1, 2029.
The $1,500,000 appropriation for the organized retail theft task force line item shall be used for operational expenses of the organized retail task force and for hiring one attorney, one paralegal, two investigators and one support staff person within the office of the attorney general and four peace officers who are assigned to the task force to focus specifically on investigating and prosecuting organized retail crime.
Through June 30, 2023, the attorney general may not represent or provide legal advice to the secretary of state or the department of state on any matter."
Page 14, line 5, strike "December 31, 2021" insert "February 28, 2022"; strike "June 30" insert "August 31"
Line 7, strike "the previous six months" insert "July 2021 through December 2021 and January 2022 through June 2022, respectively,"
Page 15, between lines 16 and 17, insert:
"The Arizona commerce authority shall distribute monies appropriated in the blockchain/wearable research line item to applied research centers and institutes located in this state that specialize in blockchain or wearable technology to be allocated as follows:
1. $2,500,000 for distribution to applied research centers that specialize in blockchain technology.
2. $2,500,000 for distribution to applied research centers that specialize in wearable technology.
Subject to available funding, the authority shall distribute monies in the blockchain/wearable research line item to any applied research center in increments of up to $250,000 within thirty days after the applied research center notifies the authority in writing that the applied research center has received a matching amount from sources other than this state. The authority is exempt from the requirements of title 41, chapter 23, Arizona Revised Statutes, for the purposes of making the distributions to the applied research centers.
An applied research center that receives a distribution pursuant to this section must collaborate with universities, nonprofit business associations, health science research centers, institutes or other technology businesses that do business in this state. On or before September 15, 2025, the applied research center or institute shall return to the authority all monies received by the applied research center or institute pursuant to this section that remain unexpended and unencumbered on September 1, 2025. The authority shall deposit the returned monies in the state general fund. The authority shall notify the president of the senate and the speaker of the house of representatives on or before July 1, 2022 and July 1, 2023 if the authority has not distributed any monies pursuant to this section.
An applied research center or institute that receives monies pursuant to this section shall annually submit an expenditure and performance report to the authority. The authority shall transmit the report to the joint legislative budget committee and the governor's office of strategic planning and budgeting on or before February 1, 2022, 2023, 2024, 2025 and 2026.
The appropriation made in the blockchain/wearable research line item is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations, except that any amounts that remain unexpended and unencumbered on June 30, 2025 revert to the state general fund."
Page 16, line 18, strike "$4,000,000" insert "$10,400,000"
Line 19, strike "1,000,000" insert "2,600,000"
Line 20, strike "$5,000,000" insert "$13,000,000"
Lines 26 and 28, strike "$91,711,300" insert "$99,711,300"
Page 20, between lines 30 and 31, insert:
"State aid to indigent defense 700,000"
Line 34, strike "$7,496,300" insert "$8,196,300"
Between lines 39 and 40, insert:
"State aid to indigent defense fund 700,000"
Page 21, line 16, strike "11,047,200" insert "10,678,200"
Page 22, line 23, strike "9,731,900" insert "11,205,900"
Page 23, line 26, strike "$4,287,879,600" insert "$4,289,353,600"
Line 28, strike "$851,850,200" insert "$853,324,200"
Page 27, line 2, after the period insert "The legislature intends that provider rate increases funded from this amount be contingent on available federal funding and not continue in future years after these monies have been spent."
Page 28, line 6, strike "4,615,447,200" insert "4,650,447,200"
Page 29, line 6, strike "$6,358,046,300" insert "$6,393,046,300"
Line 8, strike "$4,834,746,700" insert "$4,869,746,700"
Page 33, line 8, strike "2021" insert "2022"
Line 12, strike "$47,737,700" insert "$48,297,700"
Line 17, strike "$75,811,900" insert "$76,371,900"
Line 27, strike "2,454,700" insert "2,254,700"
Between lines 30 and 31, insert:
"Voluntary vehicle repair and
retrofit program fund 560,000"
Line 31, strike "10,606,300" insert "10,806,300"
Page 35, strike line 13
Line 16, strike "4,050,000" insert "200,000"
Lines 22 and 24, strike "$40,028,300" insert "$12,342,600"
Strike lines 31 through 34
Page 36, between lines 25 and 26, insert:
"Racetrack purse and maintenance
and operations funding 5,000,000"
Line 27, strike "$27,961,400" insert "$32,961,400"
Line 29, strike "$10,759,500" insert "$15,759,500"
Page 37, between lines 5 and 6, insert:
"The appropriation made in the racetrack purse and maintenance and operations funding line item shall be distributed to commercial live racing permittees based on each permittee's three-year average of race days reflected in the length of the permit. The monies shall be used to enhance the general purse structure and for track maintenance and operations."
Page 38, line 43, after "to" insert "at least two"
Page 39, lines 8 and 18, strike "A" insert "Each"
Page 41, line 42, strike "235.6" insert "236.6"
Line 43, strike "Lump" insert "Operating lump"
Between lines 43 and 44, insert:
"Municipal firefighter reimbursement
administration 95,000
Total appropriation – Industrial commission
of Arizona $20,688,100"
Between lines 44 and 45, insert:
"State general fund $ 95,000"
Line 45, strike "$"
After line 45, insert:
"The legislature intends that the state general fund appropriation be used only for administrative costs of title 23, chapter 11, Arizona Revised Statutes, and that this appropriation does not convey any responsibility for firefighter cancer compensation and benefits claims on to this state."
Page 44, line 15, strike "3,605,500" insert "3,676,200"
Line 17, strike "12,962,800" insert "12,892,100"
Page 46, line 33, strike "legislative" insert "legislature"
Page 53, line 27, strike "10,000,000" insert "5,000,000"
Line 35, strike "$35,340,800" insert "$30,340,800"
Line 37, strike $14,000,000" insert "$9,000,000"
After line 45, insert:
"The appropriation made in the Arizona trail line item is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations, until June 30, 2023."
Page 56, line 21, strike "$333,919,900" insert "$333,219,900"
Line 37, strike "$390,601,800" insert ""$389,901,800"
Strike line 42
Page 62, between lines 11 and 12, insert:
"The secretary of state may hire one full-time equivalent position to serve as legal advisor and to represent the secretary of state, but the secretary of state may not make expenditures or incur indebtedness to employ outside or private attorneys to provide representation or services."
Page 66, line 13, strike "$2,085,800" insert "$2,100,000"
Line 14, strike "$224,900" insert "$100,000"
Line 15, after "Yavapai" insert "and Navajo"; strike "sheriff" insert "sheriffs"; strike "$189,300" insert "$300,000"
Page 68, line 8, strike "$829,364,200" insert "$840,864,200"
Line 13, strike "4,274,700" insert "5,774,700"
Between lines 13 and 14, insert:
"Political history and leadership program 250,000"
Line 17, strike "$950,353,000" insert "$963,603,000"
Line 19, strike "$346,777,100" insert "$360,027,100"
Page 69, between lines 19 and 20, insert:
"The appropriation made in the political history and leadership program line item is to expand the political history and leadership program within the school of historical, philosophical and religious studies at Arizona state university. The monies shall be used at the sole discretion and approval of the lead of the political history and leadership program, and the monies shall be used only to directly support the program of political history and leadership, including teaching staff and teaching support."
Line 31, strike "$248,658,800" insert "$254,158,800"
Page 69, line 38, strike "$259,104,700" insert "$264,604,700"
Line 40, strike "$120,183,400" insert "$125,683,400"
Page 71, line 29, strike "$465,637,300" insert "$473,637,300"
Line 33, strike "2,806,800" insert "3,806,800"
Line 43, strike "$540,667,600" insert "$549,667,600"
Page 72, line 2, strike "$218,404,000" insert "$227,404,000"
Line 6, strike "$81,192,500" insert "$89,192,500"
Line 10, strike "41,517,600" insert "33,517,600"
Line 17, strike "$674,428,700" insert "$683,428,700"
Line 19, strike $295,301,700" insert "$304,301,700"
Page 76, between lines 28 and 29, insert:
"The department of water resources shall use the monies in the Agua Fria flood insurance study line item to complete a study of the hydrology and hydraulics of the Agua Fria River from New Waddell Dam to the confluence with the Gila River. The department may contract with an engineering firm that has not contracted with or otherwise associated with a county flood control district in an Arizona county with a population of more than one million five hundred thousand persons. On or before March 31, 2023, the department shall complete the report."
Page 77, lines 33 and 39, strike "June" insert "July"
Page 78, line 19, strike "$507,100,000" insert "$977,100,000"
Line 23, strike "$65,750,000" insert "$65,850,000"
Line 25, strike "$171,550,000" insert "$171,700,000"
Line 28, strike "$269,800,000" insert "$269,550,000"
Between lines 30 and 31, insert:
"4. $470,000,000 is for the retirement or defeasance of the financing agreement entered into pursuant to Laws 2009, third special session, chapter 6, section 32.
B. The director of the department of administration, for and on behalf of the Arizona school facilities board, may execute and deliver documents, engage fiduciaries and take or direct all actions necessary in connection with the retirement and defeasance of the financing agreement described in subsection A, paragraph 2 of this section."
Reletter to conform
Page 78, line 31, after "The" insert "director of the"
Line 38, after the period insert "Any amounts remaining after the retirements or defeasances are executed as required by subsection A of this section revert to the state general fund."
Page 79, line 45, strike "June 20" insert "July 15"
Page 80, lines 18, 22 and 25, strike "41-1734" insert "26-105"
Page 82, line 1, strike "appropriation" insert "appropriations"
Line 4, before "In" insert "A."
Line 5, strike "$300,000,000" insert "$500,000,000"
Between lines 9 and 10, insert:
"B. In addition to any other appropriations made in fiscal year 2020-2021, the sum of $500,000,000 is appropriated from the state general fund in fiscal year 2020-2021 to the public safety personnel retirement system to be deposited in the employer account of the state department of corrections corrections officer retirement plan group to reduce the unfunded accrued liability.
C. The board of trustees of the public safety personnel retirement system shall account for the appropriations made in this section in the June 30, 2021 actuarial valuation of both the department of public safety public safety personnel retirement system group and the state department of corrections corrections officer retirement plan group. The board shall account for the appropriations when calculating the employee contribution rates and employer contribution rates, which the department of public safety public safety personnel retirement system group shall use when making contributions pursuant to section 38-843, Arizona Revised Statutes, and the state department of corrections corrections officer retirement plan group shall use when making contributions pursuant to section 38-891, Arizona Revised Statutes, during fiscal year 2022-2023."
Page 87, strike lines 15 through 21
Renumber to conform
Page 89, between lines 26 and 27, insert:
"Sec. 126. Appropriation; water quality fee fund; fiscal year 2020-2021
The sum of $1,500,000 is appropriated from the recycling fund established by section 49-837, Arizona Revised Statutes, in fiscal year 2020-2021 for deposit in the water quality fee fund established by section 49-210, Arizona Revised Statutes."
Renumber to conform
Line 27, strike "Arizona highway user revenue fund"; insert "department of transportation; vehicle license tax distribution"
Line 30, after "2021-2022" strike remainder of line
Line 31, strike "established by section 28-6533" insert "to the department of transportation for distribution as prescribed in section 28-5808, subsection B, paragraph 2"
Page 90, line 22, strike "$900,727,700" insert "$865,727,700"
Line 26, strike "one" insert "two"
Line 27, strike "three hundred fifty"
Line 31, strike "$900,727,700" insert "$865,727,700"
Page 91, line 28, strike "647,800" insert "1,447,800"
Line 31, strike "200,000" insert "1,000,000"
Line 32, strike "(245,700)" insert "(141,700)"
Line 35, strike "(4,000)" insert "100,000"
Line 36, strike "3,644,800" insert "4,525,200"
Line 39, strike "1,119,600" insert "2,000,000"
Page 96, line 31, strike "$13,602,300,000" insert "$14,052,300,000"
Line 33, strike "$13,797,800,000" insert "$12,996,100,000"
Line 35, strike "$13,362,400,000" insert "$12,817,700,000"
Line 37, strike "$12,877,300,000" insert "$12,775,600,000"
Line 39 strike "$13,222,300,000" insert "$13,437,600,000"
Page 96, line 41, strike "$13,112,800,000" insert "$13,014,200,000"
Amend title to conform