PREFILED JAN 06 2022
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REFERENCE TITLE: appropriation of noncustodial federal monies |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1096 |
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Introduced by Senators Mesnard: Leach
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AN ACT
Amending title 35, Arizona Revised Statutes, by adding chapter 1.1; relating to the appropriation of noncustodial federal monies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 35, Arizona Revised Statutes, is amended by adding chapter 1.1, to read:
CHAPTER 1.1
APPROPRIATION OF FEDERAL MONIES
ARTICLE 1. GENERAL PROVISIONS
35-251. Definition of noncustodial federal monies
For the purposes of this chapter, "noncustodial federal monies":
1. Means federal monies that meet one of the following criteria:
(a) Are designated by the federal government as block grant monies.
(b) Are designated by the federal government as general revenue sharing monies.
(c) Provide this state with broad authority to make spending decisions regarding developing, implementing or operating a program or service.
(d) Are considered essential to meet total spending obligations of a federally required or matched program or service authorized by the legislature in which the federal government requires at least one percent of the program or service funding to come from this state.
2. Does not include:
(a) Federal monies or research grants awarded to universities, university employees or the Arizona board of regents for and on behalf of the universities under its jurisdiction.
(b) Federal monies for use by the department of emergency and military affairs.
(c) Federal monies awarded directly to school districts or community colleges.
35-252. Receipt of noncustodial federal monies; accounting
A budget unit that receives noncustodial federal monies shall account for the noncustodial federal monies in separate accounts or funds as necessary to meet accounting, budgetary and auditing requirements. The department of administration may use the most efficient system of accounts and records, consistent with legal requirements and standards, and necessary fiscal safeguards.
35-253. Appropriation of noncustodial federal monies; legislative powers and duties
A. The legislature retains the authority to appropriate noncustodial federal monies. If the legislature does not make an appropriation for either a particular fund, a specific grant program or a block of noncustodial federal monies, the budget unit that has lawful authority shall administer and spend these monies pursuant to federal and state law.
B. The legislature shall specify in each noncustodial federal monies appropriation the purposes for which the noncustodial federal monies are to be used, consistent with federal law. For the purposes of obtaining expenditure authority for unanticipated noncustodial federal monies that may become available when the legislature is not in session, the legislature may make a lump sum appropriation. Before spending monies from the lump sum appropriation, the budget unit shall submit the proposed expenditure to The joint legislative budget committee for review, subject to any condition specified by the legislature.
C. If the amount of the noncustodial federal monies received is less than the amount appropriated, the appropriation of noncustodial federal monies shall be reduced to the amount of the noncustodial federal monies received. The activities financed by the noncustodial federal monies shall be reduced proportionately.
D. If the amount of the noncustodial federal monies received is more than the amount appropriated, the total appropriation of federal and state monies allocated for a program or service shall remain at the amount designated by the legislature. The state treasurer shall credit the excess noncustodial federal monies to the appropriate budget unit account.
Sec. 2. Effective date
This act is effective from and after December 31, 2022.