SB1407 - 552R

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

Section 1. Section 41-1362, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1362. Legislative council; powers and duties; governmental mall description; duty of city of Phoenix; general plan application

A. The department of administration Legislative council may:

1. Accept gifts or grants of monies or other property from any person, including the United States or any agencies, departments or officers of the this state.

2. Prescribe rules as necessary to carry out this article.

B. The department of administration Legislative council shall:

1. Develop and maintain and amend as necessary a comprehensive long-range general plan for the development of the governmental mall composed of the area described in subsection C of this section.

2. Encourage public agencies as defined in section 11-951 to enter into intergovernmental agreements or contracts pursuant to title 11, chapter 7, article 3 as necessary to implement the general plan for the development of the governmental mall.

3. Review and approve or disapprove in writing requests for permission to develop structures or sites or award construction contracts for new buildings or improvements within the governmental mall. The department legislative council shall review requests submitted by this state or a political subdivision of this state in which this state or political subdivision has a contractual interest to ensure consistency with the approved general plan.

4. Review all planning activities within governmental mall boundaries.

5. Publish an annual report on the issues brought before the department legislative council and its recommendations.

C. The governmental mall is composed of the area with a western boundary of nineteenth avenue, a northern boundary of all lots abutting Van Buren street, an eastern boundary of seventh avenue and a southern boundary of the Harrison street alignment.

D. The city of Phoenix annually shall inform the department of administration Legislative council of new major development projects and new major infrastructure improvements, including parks, streets and street-scaping streetscaping within the downtown area redevelopment plan as defined in section 36-1471.

E. If the general plan of the city, county or state agency for land development does not conform with the general plan developed by the department of administration Legislative council for the development of the governmental mall, the general plan developed by the department legislative council for the development of the governmental mall applies and shall be enforced. END_STATUTE

Sec. 2. Section 41-1363, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1363. Monuments and memorials within governmental mall; legislative authorization; approval; procedure

A. Notwithstanding section 34-225 or any other law, a monument or memorial recognizing or honoring a person, group, entity or event shall be located in the governmental mall only if a prior legislative act authorizes the monument or memorial.

B. After legislative authorization, a monument or memorial may be established by the following procedures:

1. The proponents shall submit a concept to the department of administration legislative council for the design, dimensions and location of the monument or memorial.

2. The department of administration Legislative council shall review the concept and determine the most appropriate location that highlights the monument or memorial and preserves the integrity of the governmental mall.

3. After recommendations from the historical advisory commission regarding the historical integrity of the monument or memorial and after any necessary negotiations with the proponents, the department of administration legislative council shall approve the final design, dimensions, location and maintenance requirements of the monument or memorial, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41-1365 and any statement, declaration, writing or inscription that will be imprinted or stamped on the monument or memorial.

4. Before the beginning of construction of the monument or memorial begins, the proponents shall enter into a contract with the department of administration legislative council specifying the conditions of the design, dimensions and location of the monument or memorial, a list of the artists, contractors and subcontractors that will be employed, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41-1365 and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction.

5. An approved monument or memorial shall be completed and dedicated to this state within two years after the effective date of the legislative act authorizing the monument or memorial.

C. Except as otherwise provided in this section or section 41-1365, all fund-raising fundraising and the establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the monument or memorial are the sole responsibility of the proponents.

D. If the completed monument or memorial deviates from the final design or dimension that was approved by the department of administration legislative council or any statement, declaration, writing or inscription that is imprinted or stamped on the monument or memorial deviates from that which was approved by the department legislative council, the proponents are responsible for any costs incurred to conform the monument or memorial to the approved form.

E. The proponents shall collect an amount equal to at least ten percent of the artistic design and construction costs of the monument or memorial or the amount approved by the department of administration legislative council as provided in subsection B of this section. The department legislative council shall deposit these monies in the state monument and memorial repair fund established by section 41-1365 for the maintenance, repair, reconditioning or relocation of that monument or memorial. The monies must be deposited in the fund before the beginning of construction of the monument or memorial.

F. The department of administration Legislative council may relocate monuments or memorials that are located in the governmental mall.

G. This section does not apply to monuments or memorials in which a political subdivision has a contractual interest and that are located in the governmental mall but that are outside Wesley Bolin plaza. END_STATUTE

Sec. 3. Section 41-1364, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1364. Alteration or modification to monuments and memorials within governmental mall; procedures; approval

A. Any alteration or modification to an existing monument or memorial that was completed pursuant to section 41-1363 must abide by the following procedures:

1. The proponents of the monument or memorial that submitted the concept pursuant to section 41-1363 shall submit the proposed alteration or modification to the department of administration legislative council.

2. After recommendations from the historical advisory commission regarding what impact the proposed alteration or modification would have on the historical integrity of the existing monument or memorial and after any necessary negotiations with the proponents, the department of administration legislative council shall approve or reject the proposed alteration or modification.

3. If the proposed alteration or modification is approved and before the beginning of construction involved in implementing the alteration or modification to the monument or memorial, the proponents shall enter into a contract with the department of administration legislative council specifying the scope of the alteration or modification to the monument or memorial, a list of the artists, contractors and subcontractors that will be employed and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction involved in implementing the alteration or modification to the monument or memorial.

4. The alteration or modification to an existing monument or memorial shall be completed and dedicated to this state within two years after the effective date of the approval of the alteration or modification by the department of administration legislative council.

B. All fund-raising fundraising and the establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the alteration or modification to the existing monument or memorial are the sole responsibility of the proponents. END_STATUTE

Sec. 4. Repeal

Section 41-1365, Arizona Revised Statutes, as amended by Laws 2021, chapter 405, section 28, is repealed.

Sec. 5. Section 41-1365, Arizona Revised Statutes, as amended by Laws 2018, chapter 279, section 37, is amended to read:

START_STATUTE41-1365. State monument and memorial repair fund; purpose; annual report; exemption

A. The state monument and memorial repair fund is established consisting of:

1. Donations.

2. Monies from fund-raising fundraising activities.

3. Monies that are collected by the proponents of a monument or memorial and that are deposited pursuant to section 41-1363.

4. Grants received for monuments or memorials, except for otherwise specifically dedicated grants.

5. Legislative appropriations.

B. The department of administration legislative council shall administer the fund. All monies in the fund are subject to legislative appropriation. Subject to this section, the department shall use monies appropriated from the fund for to:

1. The maintenance maintain, repair, reconditioning recondition or relocation of relocate monuments or memorials. and for

2. Supporting Support mechanical equipment in the governmental mall.

C. The department legislative council shall separately account for monies to a specific monument or memorial that is dedicated to this state for maintenance, repair maintaining, repairing, reconditioning or relocation of relocating that monument or memorial as follows:

1. Monies that are donated for the benefit of the specific monument or memorial.

2. Monies that are derived from fund-raising fundraising activities and that are collected for the benefit of a specific monument or memorial.

3. Monies that are collected and deposited pursuant to subsection A, paragraph 3 of this section.

D. On or before November 1 of each year, the department of administration legislative council shall submit to the joint legislative budget committee a report that accounts for all monies deposited in the fund. The report shall include the sources of the monies received for deposit, by category, and the purposes for which the monies were used during the preceding fiscal year.

E. The department of administration legislative council shall hold the monies in the fund in trust for the citizens of this state until spent on an authorized monument or memorial, and monies in the fund shall not be spent or appropriated for any other purpose.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE