Bill Amendment: AZ HB2677 | 2019 | Fifty-fourth Legislature 1st Regular
Bill Title: JLAC; auditor general
Status: 2019-06-07 - Governor Vetoed [HB2677 Detail]
Download: Arizona-2019-HB2677-SENATE_-_Gray_flr_amend_ref_Bill_adopted.html
Bill
Number: H.B. 2677
Gray Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Removes the definition of political subdivision.
2. Removes the requirement that the Office of the Auditor General (OAG), as resources allow, conducts investigations relating to allegations of financial impropriety, malfeasance or nonfeasance of a state agency or political subdivision funded by tax revenue:
a) in connection with an audit authorized by law;
b) on request of a public officer of a state agency or political subdivision regarding matters under the supervision or control of the public officer; or
c) on request of a sheriff, county attorney, municipal attorney or the Attorney General in connection with an open investigation of a state agency or political subdivision.
3. Requires Joint Legislative Budget Committee staff to notify members of the Legislature of the cost to conduct a special audit as soon as practicable, rather than before the measure is scheduled for third read or final read.
4. Requires the OAG to comply with statutory requirements relating to criminal history record information.
5. Removes the ability of the Auditor General or a designee to attend any executive session authorized by open meeting law when conducting an audit and reinserts the ability of the Auditor General or an authorized representative to attend executive sessions of state agencies or school districts in the performance of official duties.
6. Removes the requirement that all contractors that contract with the state afford reasonable and needed facilities to OAG staff and make records available.
7. Makes technical and conforming changes.
Fifty-fourth Legislature Gray
First Regular Session H.B. 2677
GRAY FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2677
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 15-393.01, Arizona Revised Statutes, is amended to read:
15-393.01. Career technical education districts; annual report; performance and accountability
A. The department of education shall include each career technical education district in the department's annual achievement profiles required by section 15‑241. Subject to approval by the state board of education, the department of education shall develop specific criteria applicable to career technical education districts that may not be based solely on the criteria prescribed in the Carl D. Perkins vocational education act, as amended by the Carl D. Perkins vocational and applied technology education act amendments of 1990, as amended by the Carl D. Perkins vocational and technical education act of 1998, and shall include career technical education districts in the letter grade classification system prescribed in section 15‑241. The department shall include all of the following performance indicators in the annual achievement profiles and letter grade classification and provide a copy of the information to each career technical education district governing board:
1. The graduation rate of all students enrolled in a career and technical education program or course.
2. The completion rate for each program offered by the career technical education district.
3. Performance on assessments required pursuant to section 15‑391, paragraph 4, subdivision (b).
4. Postgraduation employment rates, postsecondary enrollment rates and military service rates for students who complete a career and technical education program.
B. A career technical education district is subject to the performance audits pursuant to section 41‑1279.03, subsection A, paragraph 9 8. The auditor general shall consider the differences and applicable laws for a career technical education district when conducting a performance audit for a career technical education district.
C. On or before December 31 of each year, the career and technical education division of the department of education shall submit a career technical education district annual report to the governor, the president of the senate and the speaker of the house of representatives and shall submit a copy of this report to the secretary of state. The career and technical education division of the department of education shall submit a copy of this report to the joint legislative budget committee for review. The annual report shall include the following:
1. The average daily membership of each career technical education district, including the average daily membership of each centralized campus, satellite campus and leased centralized campus as defined in section 15‑393.
2. The actual student count of each career technical education district, including the student count of each centralized campus, satellite campus and leased centralized campus as defined in section 15‑393.
3. The programs and corresponding courses offered by each career technical education district, including the location of each program and course.
4. For each career technical education district based on program or course location:
(a) The student enrollment of each program and corresponding course.
(b) The percentage of students who enrolled in the second year of each program and corresponding course relative to the number of students in the same cohort who enrolled in the first year of each program and corresponding course.
(c) The percentage of students who completed each program relative to the number of students in the same cohort who began the program.
5. The costs associated with each program offered by the career technical education district.
6. A listing of any programs or courses that were discontinued by review of the career and technical education division pursuant to section 15‑393, subsection V.
7. A listing of any programs or courses that were continued by review of the career and technical education division pursuant to section 15‑393, subsection V.
8. A listing of any programs or courses that were added by the career and technical education division.
9. For applicable school districts, the required maintenance of effort and how monies were used to supplement and not supplant base year career and technical education courses, including expenditures related to personnel, equipment and facilities.
10. Any other data or information deemed necessary by the department of education.
D. The office of the auditor general, in consultation with the department of education, shall develop and establish uniform cost reporting guidelines, policies and procedures for career technical education district programs. Any guideline, policy or procedure shall allow for the effective comparison of cost between career technical education district programs.
Sec. 2. Section 28-6392, Arizona Revised Statutes, is amended to read:
28-6392. County regional area road fund; distribution; repayment of misused monies; investment
A. Each month the state treasurer shall distribute the monies in the county's regional area road fund to the individual county and to the individual cities and towns in the county in the manner that is determined by the board of supervisors before the election and that is described in the publicity pamphlet for the election.
B. The jurisdiction receiving the revenues may only use the revenues for street and highway purposes or for transportation projects included in the regional transportation plan of the county as prepared by the county regional planning agency. If the auditor general reports to the department after conducting a performance audit pursuant to section 41‑1279.03, subsection A, paragraph 6 5 that a jurisdiction has not used revenues as provided in this subsection:
1. The department shall require the jurisdiction to directly repay the fund the full amount of the misused monies beginning immediately as a lump sum or in consecutive annual payments of at least ten percent of the full amount each fiscal year.
2. If the jurisdiction fails to timely and fully repay the fund as required by paragraph 1 of this subsection, the department shall notify the state treasurer who shall withhold the noncomplying jurisdiction's revenues until the noncomplying jurisdiction presents evidence that is satisfactory to the auditor general and that shows that the jurisdiction has spent monies for purposes prescribed in this subsection from another general revenue source equal to the amount of the revenues diverted from the uses prescribed in this subsection.
C. The state treasurer shall invest and divest monies in the county's regional area road fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.
Sec. 3. Section 28-6533, Arizona Revised Statutes, is amended to read:
28-6533. Arizona highway user revenue fund; reports
A. The officer collecting all highway user revenues, as defined in section 28‑6501 and in article IX, section 14, Constitution of Arizona, and all fees, penalties and fines collected under sections 28‑1101, 28‑1103, 28‑1105 and 28‑1521 shall transfer the revenues to the department. After the deduction of all exemptions and refunds and after taking actions required under subsection C of this section, the department shall immediately deposit, pursuant to sections 35‑146 and 35‑147, the revenues in a fund designated as the Arizona highway user revenue fund.
B. The revenues in the Arizona highway user revenue fund shall only be spent for the purposes prescribed in article IX, section 14, Constitution of Arizona. Counties and incorporated cities and towns shall not spend highway user revenue fund monies distributed to them pursuant to this article for enforcement of traffic laws or administration of traffic safety programs. If the auditor general reports to the state treasurer after conducting a performance audit pursuant to section 41‑1279.03, subsection A, paragraph 7 6 that a jurisdiction has not used revenues as required by this subsection, the state treasurer shall withhold the noncomplying jurisdiction's revenues until the noncomplying jurisdiction presents evidence that is satisfactory to the auditor general and that shows that the jurisdiction has spent monies for purposes prescribed in this subsection from another general revenue source equal to the amount of the revenues diverted from the uses prescribed in this subsection.
C. If there is any default, the department shall deduct all amounts required by law or any resolution authorizing the issuance of bonds of the board to be placed in the principal funds, interest funds, reserve funds or sinking funds or any other funds established to service bonds issued or to be issued by the board before the revenues are deposited in the Arizona highway user revenue fund.
D. A county receiving monies pursuant to section 28‑6538 shall publish an annual financial report for the prior fiscal year of funds received from motor vehicle fuel and use fuel taxes. The financial report shall contain budgeted and actual expenditures for the preceding fiscal year and shall be prepared and distributed by December 31 by the county."
Renumber to conform
Page 1, line 9, after "monies" strike remainder of line
Line 10, strike "or political subdivision"
Strike lines 26 and 27
Renumber to conform
Page 2, strike lines 44 and 45
Page 3, strike lines 1 through 11
Renumber to conform
Line 42, after "legislature" insert "as soon as practicable"
Line 43, after the period strike remainder of line
Strike lines 44 and 45
Page 4, strike lines 1 and 2
Page 5, line 5, strike "6" insert "5"; strike "7" insert "6"
Line 22, strike "6" insert "5"
Line 26, strike "6" insert "5"; strike "7" insert "6"
Line 36, after "41-1701" insert "and in accordance with section 41-1750"
Page 6, strike lines 1 through 6, insert:
"B. For the purpose of complying with section 41‑1279.03, subsection A, paragraphs 4 and 9 8, the auditor general or the auditor general's authorized representative, in the performance of official duties, may attend executive sessions of the governing body of any state agency or school district in this state."
Line 13, after "state" strike remainder of line
Line 14, strike "state"
Amend title to conform
