SB1804 - 551R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 5-572, Arizona Revised Statutes, is amended to read:

START_STATUTE5-572. Use of monies in state lottery fund; report

A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery.

B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297.

C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in by Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36-274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563, and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis.

D. If the state lottery director determines that monies available to the state general fund may not equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year.

E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based faith-based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state.

F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety-nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.

G. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through F of this section, $2,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of education to fund the office of Indian education. The department shall use a portion of these monies to hire and provide salaries to at least five full-time equivalent employees who are assigned to the office of Indian education.

G. H. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund.

H. I. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation.

I. J. The commission shall transfer monies prescribed in this section on a quarterly basis. END_STATUTE

Sec. 2. Section 15-244, Arizona Revised Statutes, is amended to read:

START_STATUTE15-244. Office of Indian education; reporting requirements; definition

A. The office of Indian education is established in the department of education. The superintendent of public instruction shall hire appropriate personnel for the office.

B. The office of Indian education shall:

1. In collaboration with Indian nations, provide technical assistance to schools and Indian nations to meet the educational needs of Native American pupils, including the following: .

(a) Professional development.

(b) Data literacy.

(d) Native language development.

(e) Fiscal management, including The most efficient use of available monies.

(f) Family engagement.

(g) The incorporation of Native American culture into the curricula.

2. Provide technical assistance to schools and Indian nations in the planning, development, implementation and evaluation of curricula that are culturally relevant and aligned to state standards.

3. Provide technical assistance to schools and Indian nations to develop culturally appropriate curricula and instructional materials.

4. Establish an Indian education advisory council in the department of education that shall include includes at least parents who are not certificated teachers.

5. Encourage and foster parental involvement in the education of educating Native American pupils.

C. At least once each year, representatives from all Indian nations, members of the state board of education, the governor's office, the governor's office on tribal relations, the intertribal inter tribal council of Arizona, the legislature, the superintendent of public instruction and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of educating Native American pupils.

D. Based on data submitted pursuant to subsection E of this section, the office of Indian education, in collaboration with entities that serve Native American pupils, shall submit an annual statewide Native American education status report to all Indian nations in this state. The division shall provide a copy of this report to the secretary of state.

E. A school district with tribal lands located within its boundaries shall provide a district-wide Native American education status report to all Indian nations represented within the school district boundaries and to the department of education.

F. The status reports prescribed in subsections D and E of this section shall be written in a brief format and shall include the following information, through which public school performance is measured and reported to the Indian nations:

1. Student achievement as measured by a statewide test approved by the state board of education, with results disaggregated by ethnicity.

2. School safety.

3. The dropout rate.

4. Attendance.

5. Parent and community involvement.

6. Educational programs that target Native American pupils.

7. Financial reports.

8. The current status of federal Indian education policies and procedures.

9. School district initiatives to decrease the number of student dropouts and increase attendance.

10. Public school use of variable school calendars.

11. School district consultations with parent advisory committees.

G. The state board of education, in consultation with the Indian nations in this state, may adopt rules to implement this section.

H. For the purposes of this section, "Indian nations" means an Indian nation, tribe or pueblo that is located in this state. END_STATUTE

Sec. 3. Section 15-1682.03, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1682.03. University capital improvement lease-to-own and bond fund; lease-to-own and bond capital improvement agreements

A. The university capital improvement lease-to-own and bond fund is established consisting of the monies provided by the Arizona board of regents pursuant to this section, monies deposited pursuant to section 5-572 and monies appropriated by the legislature. The board shall administer the fund. On notice from the board, 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. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Through revenues of the state university system, the board shall annually provide monies to the fund of at least twenty per cent percent of the aggregate annual payments of lease-to-own and bond agreements entered into by the board pursuant to this section.

C. The board shall distribute monies in the fund to make payments pursuant to lease-to-own and bond agreements entered into by the board pursuant to this section. The board may enter into lease-to-own and bond agreements for the purposes of building renewal projects and new facilities. New lease-to-own and bond agreements entered into pursuant to this section shall not exceed one hundred sixty-seven million six hundred seventy-one thousand two hundred dollars in fiscal year 2008-2009 and four hundred million dollars in fiscal year 2009-2010. The board may enter into lease-to-own and bond transactions up to a maximum of eight hundred million dollars $800,000,000.

D. Notwithstanding section 5-572, subsection G F, the amount of state lottery revenues distributed to the university capital improvement lease-to-own and bond fund in fiscal year 2009-2010 and fiscal year 2010-2011 shall not exceed an amount sufficient for up to eighty per cent of the annual payments of the first one hundred sixty-seven million six hundred seventy-one thousand two hundred dollars of new lease-to-own and bond agreements entered into pursuant to this section. the full amount of state lottery revenues distributed to the university capital improvement lease-to-own and bond fund pursuant to section 5-572, subsection G F shall be made available to the board for the remaining new lease-to-own and bond agreements up to eight hundred million dollars beginning in fiscal year 2011-2012 $800,000,000.

E. In entering into lease-to-own and bond agreements pursuant to this section, the board shall not obligate this state to provide any additional monies from the state lottery fund above the amounts authorized in this section and section 5-572, subsection G F. In entering into lease-to-own and bond agreements pursuant to this section, the board shall not obligate any state general fund monies. END_STATUTE