First Regular Session H.B. 2555
PROPOSED
SENATE AMENDMENTS TO H.B. 2555
(Reference to House engrossed bill)
Page 27, line 8, after the second "the" insert "division of"
Line 9, strike "oversight board established by section"
Line 10, strike "41-5701.02" insert "within the department of administration"; after the second "the" insert "division of"
Line 11, strike "oversight board"
Line 21, after the second "the" insert "division of"
Line 22, strike "oversight board"
Line 31, after the first "the" insert "division of"; strike "oversight board"
Page 28, line 42, after "administration" strike remainder of line
Line 43, strike "board, or its predecessor"
Page 29, line 2, after "the" insert "division of"; strike "oversight"
Line 3, strike "board" insert "within the department of administration"
Line 4, after the third "the" insert "division of"
Line 5, strike "oversight board"; after "the" insert "division of"
Line 6, strike "oversight board"
Line 8, after "the" insert "division of"
Line 9, strike "oversight board"
Line 11, after the second "the" insert "division of"
Line 12, strike "oversight board"
Line 13, after "the" insert "division of"; strike "oversight"
Line 14, strike "board"; after "the" insert "division of"
Line 15, strike "oversight board"
Page 32, line 19, strike "from at the direction of" insert "from"; strike "the school"
Line 20, strike "facilities oversight board established by section"; strike "41-5701.02 or by"
Page 34, line 18, after "the" insert "division of"; strike "oversight"
Line 19, strike "board" insert "within the department of administration"
Line 20, after the first "the" insert "division of"; strike "oversight board"
Line 23, strike "from at the"
Line 24, strike "direction of" insert "from"; after "the" insert "division of"; strike "oversight board"
Line 31, after "the" insert "division of"; strike "oversight"
Line 32, strike "board distributes directs the distribution of" insert "distributes"
Line 33, after the second "the" insert "division of"
Line 34, strike "oversight board"
Page 35, line 2, after "the" insert "division of"; strike "oversight board"
Line 4, after "the" insert "division of"; strike "oversight board"; strike "distribute direct"
Line 5, strike "the distribution of" insert "distribute"
Line 12, after "the" insert "division of"; strike "oversight board"
Page 39, line 2, after "the" insert "division of"; strike "oversight"
Line 3, strike "board" insert "within the department of administration"
Line 7, after "the" insert "division of"
Line 8, strike "oversight board"
Page 53, line 15, after "the" insert "division of"; strike "oversight board" insert "within the department of administration"
Line 19, after "the" insert "division of"
Line 20, strike "oversight board"
Page 54, line 14, after "the" insert "division of"; strike "oversight board" insert "within the department of administration"
Line 18, after "the" insert "division of"
Line 19, strike "oversight board"
Page 55, line 25, after "the" insert "division of"
Line 26, strike "oversight board" insert "within the department of administration"
Line 31, after "the" insert "division of"
Line 32, strike "oversight board"
Page 75, line 26, strike "School facilities oversight board" insert "Division of school facilities"
Line 28, after "The" insert "division of"; strike "oversight board" insert "within the department of administration"
Line 32, strike "board" insert "division"
Page 76, between lines 3 and 4, insert:
"Sec. 24. Section 41-3024.14, Arizona Revised Statutes, is amended to read:
41-3024.14. Department of administration; termination July 1, 2024
A. Except as prescribed in section 41-3022.18, the department of administration terminates on July 1, 2024.
B. Title 41, chapter 4, articles 1, 2, 3, 4, 5 and 7 and title 18, chapter 1 are repealed on January 1, 2025."
Renumber to conform
Line 25, after the first quotation mark insert "division of"
Line 29, strike "Definitions" insert "Definition of division"
Line 30, strike the colon insert a comma
Strike line 31
Line 32, strike "2."
Line 41, after "41-5701.02." strike remainder of line insert "Employees;"
Strike lines 44 and 45
Page 77, strike lines 1 through 3
Strike lines 19 through 36
Strike lines 39 through 42
Page 78, strike lines 1 through 15
Reletter to conform
Page 78, line 16, strike "Members and"; after strike "school facilities oversight"
Line 17, strike "board" insert "division"
Line 19, strike "G" insert "A"; strike "school facilities oversight board" insert "division"
Line 22, strike "board" insert "division"
Line 35, strike "the board and"
Page 79, line 1, strike "Members" insert "Employees"; strike "school facilities oversight board" insert "division"
Line 18, after "of" strike remainder of line
Line 19, strike "board to"
Page 80, line 42, after "division" strike remainder of line
Line 43, strike "board, as applicable, notifies notify" insert "notifies"
Line 44, strike "board"
Line 45, strike "or the"
Page 81, line 1, strike "and the board"
Line 13, after "division" strike remainder of line
Line 14, strike "board maintains maintain" insert "maintains"
Line 15, strike "board and the"
Line 16, strike "board or the"; strike the second "board"
Line 17, strike "and the"
Line 18, strike "board or the"
Page 82, lines 8, 12, 13 and 15, strike "board" insert "division"
Line 17, strike "board or the"; after "division" strike remainder of line
Line 18, strike "applicable,"
Line 19, strike "board or"
Line 25, strike "The school district may directly appeal the"
Page 82, strike line 26
Lines 27 and 29, strike "board or"
Page 84, strike lines 19 through 21
Renumber to conform
Between lines 27 and 28, insert:
"13. Review and approve student population projections submitted by school districts to determine the extent to which school districts are entitled to monies to construct new facilities pursuant to section 41-5741. The division shall make a final determination within five months after receiving an application from a school district for monies from the new school facilities fund.
14. Certify that plans for new school facilities meet the building adequacy standards prescribed in section 41-5711.
15. Review and approve or reject requests submitted by school districts to take actions pursuant to section 15-341, subsection G.
16. On or before December 15 of each year, electronically submit a report to the speaker of the house of representatives, the president of the senate, the governor, the superintendent of public instruction and the secretary of state that includes the following information:
(a) A detailed description of the amount of monies the division distributed under this chapter in the previous fiscal year.
(b) A list of each capital project that received monies from the division under this chapter during the previous fiscal year, a brief description of each project that was funded and a summary of the division's reasons for distributing monies for the project.
(c) A summary of the findings and conclusions of the building maintenance inspections conducted pursuant to this article during the previous fiscal year.
17. On or before December 1 of each year, electronically report to the joint committee on capital review the amounts estimated to be necessary to fulfill the requirements of section 41-5741 for the following three fiscal years. In developing the amounts for this report, the division shall use the most recent average daily membership data available. On request from the division, the department of education shall make available the most recent average daily membership data for use in calculating the amounts necessary to fulfill the requirements of section 41-5741 for the following three fiscal years. The division shall provide copies of the report to the president of the senate, the speaker of the house of representatives and the governor.
18. Adopt minimum school facility adequacy guidelines to provide the minimum quality and quantity of school buildings and the facilities and equipment necessary and appropriate to enable pupils to achieve the educational goals of the Arizona state schools for the deaf and the blind. The division shall establish minimum school facility adequacy guidelines applicable to the Arizona state schools for the deaf and the blind.
19. On or before June 15 of each year, electronically submit to the joint committee on capital review for its review detailed information regarding demographic assumptions, a proposed construction schedule and new school construction cost estimates for individual projects approved in the current fiscal year and expected project approvals for the upcoming fiscal year. A copy of the report shall also be submitted electronically to the governor's office of strategic planning and budgeting. The joint legislative budget committee staff, the governor's office of strategic planning and budgeting staff and the division staff shall agree on the format of the report.
20. On or before December 31 of each year, report to the joint legislative budget committee on all class B bond approvals by school district in that year. Each school district shall report to the division on or before December 1 of each year the information required by the division for the report prescribed in this paragraph."
Page 84, line 28, strike "school facilities oversight board or the"
Strike lines 38 through 44
Strike page 85
Page 86, strike lines 1 through 5
Reletter to conform
Line 6, strike "The"; strike "director of the division shall"
Line 7, after "executive" strike remainder of line
Line 8, strike the period
Line 9, after "and" insert "of the division:
1."
Renumber to conform
Page 86, line 15, strike "The staff of the school facilities oversight board is exempt from"
Line 16, strike "chapter 4, articles 5 and 6 of this title. The"; strike "director:"
Line 17, after "the" strike remainder of line
Line 18, strike "to the"
Lines 19 and 25, strike "board and the"
Line 26, strike "board's and"
Lines 28 and 35, strike "board and the"
Line 36, strike "and the members of the board"
Line 39, strike "board" insert "division"
Line 40, strike "board's" insert "division's"
Page 87, line 21, after "facilities" strike remainder of line
Lines 25 and 31, strike "school facilities oversight board" insert "division"
Line 33, after "division" strike remainder of line
Line 37, strike "A C" insert "A"; strike "2" insert "14"
Line 38, strike "board" insert "division"
Line 40, strike "board or the"
Page 88, line 10, strike "I J" insert "I"
Line 24, strike "board and the"
Line 25, after "monies" strike remainder of line
Line 26, strike "monies,"
Line 35, strike "board"; strike "and the"; strike "report" insert "reports"
Lines 40 and 41, strike "board or the"
Page 89, line 3, strike "board or the"
Line 5, strike "or the board"
Lines 7 and 8, strike "or the board"
Lines 10 and 14, strike "or the board"
Line 20, after "41-5703." insert "Division of"; strike "oversight board"
Lines 23, 28, 37, 39 and 42, strike "board" insert "division"
Page 90, line 3, strike "board's" insert "division's"
Lines 9, 13, 29, 33, 36, 39, 41 and 43, strike "board" insert "division"
Page 91, lines 4, 8, 11, 17, 20, 28, 32 and 42, strike "board" insert "division"
Page 92, lines 3, 10, 15, 25 and 41, strike "board" insert "division"
Page 93, lines 7, 17, 28, 29, 34, 37 and 41, strike "board" insert "division"
Page 94, line 9, strike "school facilities oversight board" insert "division"
Lines 34, 37 and 44, strike "board" insert "division"
Page 95, lines 10 and 29, strike "board" insert "division"
Page 96, lines 17, 27 and 35, strike "board" insert "division"
Line 37, strike "board's" insert "division's"
Page 97, lines 2, 3, 4, 20, 24 and 30, strike "board" insert "division"
Page 98, line 1, strike "board" insert "division"
Lines 8 and 13, strike "board" insert "division"
Line 17, strike "A C" insert "A"
Line 18, strike "2" insert "14"
Lines 19, 20 and 26, strike "board" insert "division"
Line 41, after "division" strike remainder of line
Line 42, strike "oversight board,"
Line 43, strike "board" insert "division"
Page 99, strike lines 32 and 33
Reletter to conform
Page 101, line 37, after "shall" strike remainder of line
Line 38, strike "1."
Strike lines 42 through 44
Page 102, strike lines 14 and 15
Reletter to conform
Line 23, strike "board" insert "division"
Line 41, after "and" strike remainder of line
Line 42, strike "direction of the school facilities oversight board, shall"
Page 103, line 4, strike "school facilities oversight board" insert "division"
Lines 20 and 21, strike "school facilities oversight board" insert "division"
Line 33, strike "school facilities oversight board" insert "division"
Page 103, line 35, strike "board" insert "division"
Line 37, in two places, strike "board" insert "division"
Line 43, strike "At the direction of"; strike "board, the"
Page 104, lines 1, 3, 6, 8, 11, 16, 25 and 30, strike "board" insert "division"
Page 105, lines 6, 23, 25, 34, 38 and 44, strike "board" insert "division"
Page 106, lines 18, 23, 26 and 28, strike "board" insert "division"
Line 31, strike "distributing directing the distribution of" insert "distributing"
Lines 32, 34, 36 and 38, strike "board" insert "division"
Line 41, strike "at the direction of"; strike "board, the"
Line 45, strike "board" insert "division"; strike "direct the division to"
Page 107, line 4, strike "by at the direction of" insert "by"; strike "board" insert "division"
Line 6, strike "board" insert "division"
Line 8, strike "by at the"
Line 9, strike "direction of" insert "by"; strike "board" insert "division"
Line 10, strike "board" insert "division"
Line 12, strike "by at the"
Line 13, strike "direction of" insert "by"; strike "board" insert "division"
Lines 17, strike "board" insert "division"
Line 18, strike "board" insert "division"; strike "direct the division to"
Line 27, strike "board or the"
Line 41, strike "or at the direction of"
Line 42, strike "board" insert "division"
Page 108, lines 3, 5, 7, 13 and 21, strike "board" insert "division"
Line 34, strike "board's" insert "division's"
Page 109, lines 11, 14, 18, 23 and 26, strike "board" insert "division"
Line 34, strike "board-funded" insert "division-funded"
Lines 35 and 38, strike "board" insert "division"
Line 45, strike "board" insert "division"; after "shall" strike remainder of line
Page 110, line 5, strike "board distributes directs the"
Line 6, strike "to distribute" insert "distributes"
Line 7, strike "board" insert "division"
Lines 15, 18, 20, 28, 36 and 44, strike "board" insert "division"
Page 111, lines 3, 19, 30, 31, 34 and 43, strike "board" insert "division"
Page 112, lines 10, 26, 35 and 40, strike "board" insert "division"
Page 113, line 3, strike "board" insert "division"
Between lines 6 and 7, insert:
"Sec. 42. Section 41-5756, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
41-5756. Lien of pledge
A. Any pledge made under this article is valid and binding from the time when the pledge is made.
B. The monies so pledged and received by the board division to be placed in the school facilities revenue bond debt service fund are immediately subject to the lien of the pledge without any future physical delivery or further act. Any lien of any pledge is valid and binding against all parties that have claims of any kind against the board division, regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when adopted by the board division, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place to perfect the pledge."
Renumber to conform
Page 113, lines 10 and 33, strike "board" insert "division"
Page 114, lines 5, 14, 26 and 28, strike "board" insert "division"
Page 114, between lines 28 and 29, insert:
"Sec. 48. Section 41-5762, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
41-5762. Characteristics of bonds; negotiability; exemption from taxation; obligation; legal investments
A. Bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code, subject only to any provisions for registration, regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.
B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.
C. Bonds issued under this article:
1. Are obligations of the board division. The members employees of the board division and persons executing the bonds are not personally liable for payment of the bonds.
2. Are payable only according to their terms.
3. Are not general, special or other obligations of this state.
4. Do not constitute a debt of this state.
5. Are not enforceable against this state, nor is and payment of the bonds is not enforceable out of any monies other than the revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.
6. Are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in government obligations may properly and legally invest.
7. Are securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of government bonds or obligations."
Renumber to conform
Page 114, lines 34 and 36, strike "board" insert "division"
Page 115, lines 1, 15, 17, 18, 25, 36, 41 and 43, strike "board" insert "division"
Page 116, lines 10, 18, 22, 35, 38 and 43, strike "board" insert "division"
Page 117, lines 10, 11, 14, 23, 25 and 42, strike "board" insert "division"
Page 118, lines 14, 23, 28, 34 and 42, strike "board" insert "division"
Page 119, between lines 6 and 7, insert:
"Sec. 57. Section 41-5786, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
41-5786. Lien of pledge
A. Any pledge made under this article is valid and binding from the time when the pledge is made.
B. The monies so pledged and received by the board division to be placed in the school improvement revenue bond debt service fund are immediately subject to the lien of the pledge without any future physical delivery or further act. Any lien of any pledge is valid and binding against all parties that have claims of any kind against the board division, regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when adopted by the board division, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place to perfect the pledge."
Renumber to conform
Lines 21 and 36, strike "board" insert "division"
Page 120, lines 4, 16 and 18, strike "board" insert "division"
Between lines 18 and 19, insert:
"Sec. 62. Section 41-5792, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
41-5792. Characteristics of bonds; negotiable; exemption from taxation; obligation; legal investments
A. Bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code, subject only to any provisions for registration, regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.
B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.
C. Bonds issued under this article:
1. Are obligations of the board division. The members employees of the board division and persons executing the bonds are not personally liable for payment of the bonds.
2. Are payable only according to their terms.
3. Do not constitute a debt of this state.
4. Are not enforceable against this state, nor is and payment of the bonds is not enforceable out of any monies other than the revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.
5. Are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in government obligations may properly and legally invest.
6. Are securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of government bonds or obligations."
Renumber to conform
Page 120, lines 24, 26 and 36, strike "board" insert "division"
Page 121, lines 5, 7, 8, 15 and 23, strike "board" insert "division"
Page 122, lines 34 and 41, strike "board or the"
Page 123, line 21, strike "board" insert "division"
Page 136, line 32, strike "school facilities oversight board shall direct the"
Line 33, strike "to" insert "shall"
Line 36, strike "board" insert "division"
Page 138, strike lines 1 through 6
Renumber to conform
Line 8, after the comma strike remainder of line
Strike line 9
Line 10, strike "administration and"
Line 11, strike "succeed" insert "succeeds"
Line 18, strike "the school facilities oversight board or"
Lines 23 and 24, strike "the school facilities oversight board or"
Lines 33 and 34, strike "the school facilities oversight board or"
Line 39, strike "school facilities oversight board" insert "division of school facilities within the department of administration"
Amend title to conform