Bill Text: AZ HB2336 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Land conservation fund; forest restoration
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-02 - Referred to House APPROP Committee [HB2336 Detail]
Download: Arizona-2012-HB2336-Introduced.html
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REFERENCE TITLE: land conservation fund; forest restoration |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2336 |
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Introduced by Representatives Jones: Miranda C, Saldate, Urie
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AN ACT
amending title 37, chapter 2.1, article 1, Arizona Revised Statutes, by adding section 37-625; amending section 41-511.05, Arizona Revised Statutes; repealing section 41-511.23, Arizona Revised Statutes; making an appropriation; relating to forest restoration and treatment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2.1, article 1, Arizona Revised Statutes, is amended by adding section 37-625, to read:
37-625. Forest restoration and treatment trust fund
A. The forest restoration and treatment trust fund is established for the exclusive purpose of funding forest restoration and treatment activities under the direction of the state forester, including matching available federal monies and grants for that purpose. The fund consists of monies appropriated for that purpose, any federal monies and grants received for that purpose and monies from any other sources received for that purpose.
B. The state forester shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, that are considered to be trust monies as defined in section 35-310 and that shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the state forester, the state treasurer shall invest and divest trust fund monies as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.
C. The beneficiary of the trust is the forest restoration and treatment program established by the state forester. Monies in the trust fund shall be disbursed as approved by the state forester exclusively for the purposes prescribed by this section.
D. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.
Sec. 2. Section 41-511.05, Arizona Revised Statutes, is amended to read:
41-511.05. Powers; compensation
The board may, subject to legislative budgetary control within the limitations of this article, may:
1. Employ, determine conditions of employment and specify the duties of such administrative, secretarial and clerical workers and technical employees such as naturalists, archaeologists, landscape architects, rangers, park supervisors, caretakers, guides, skilled tradesmen, laborers, historians and engineers, and contract to have the services of such advisors or consultants as are reasonably necessary or desirable to enable it to perform adequately its duties. The compensation of the director and of all workers and employees shall be as determined pursuant to section 38‑611.
2. Make such contracts, leases and agreements and incur such obligations as are reasonably necessary or desirable within the general scope of its activities and operations to enable it to perform adequately its duties.
3. Acquire through purchase, lease, agreement, donation, grant, bequest or otherwise real and personal property and acquire real property through eminent domain for state park or monument purposes. No property may be acquired in the manner provided in this paragraph which will require an expenditure in excess of funds budgeted or received for such purposes. No state park or monument, or additions to a state park or monument, shall be created containing in excess of one hundred sixty acres of land unless created by an act of the legislature. This acreage limitation shall not apply in the case of lands given or donated for state park or monument purposes nor to state owned lands that are selected by the board and that are not subject to outstanding leases, permits or other rights for the use of the lands including preferential rights to renew such leases and permits.
4. Sell, lease, exchange or otherwise dispose of real and personal property. Any disposition of real property shall be submitted for approval of the joint committee on capital review. The disposition of office equipment, furnishings, vehicles and other materials is subject to chapter 23, article 8 of this title. The disposition of artifacts and other property of scientific, archaeological, historical or sociological interest is exempt from chapter 23, article 8 of this title, but the board shall consult with the Arizona historical society in disposing of property of historical interest.
5. Construct at state parks and monuments necessary sanitary and other facilities including picnic tables, fireplaces, campsites, service buildings and maintenance shops, and contract with private persons for the construction and operation of cabins, hotels and restaurants, and like establishments.
6. Erect suitable signs and markers at parks and monuments and write, prepare and publish written material describing the historical significance of monuments and other places of historical or other significance.
7. Solicit and work in cooperation with the department of transportation and the highway departments of various counties and the United States federal highway administration for necessary roads and trails within the state parks and monuments and access roads to state parks and monuments. For the purposes of this paragraph, the board may designate roads, spurs and other traffic related appurtenances within state park boundaries as public highways. Designation of roads, spurs or other traffic related appurtenances as public highways shall not prohibit the board from closing such public highways when the park is closed, charging for admission to the park to persons using the public highway within the park or otherwise managing such public highways in the same manner as other lands within the park.
8. Levy and collect reasonable fees or other charges for the use of such privileges and conveniences as may be provided under the jurisdiction of the board. The board may enter into agreements for the purpose of accepting payment for fees or other charges imposed pursuant to this article by alternative payment methods, including credit cards, charge cards, debit cards and electronic funds transfers. The collecting officer shall deduct any fee charged or withheld by a company providing the alternative payment method under an agreement with the board before the revenues are transferred to the board.
9. Make reasonable rules for the protection of, and maintain and keep the peace in, state parks and monuments. Such rules adopted by the parks board are subject to review and approval by the legislature. After a board rule has been finally adopted pursuant to chapter 6 of this title, the board shall immediately forward a certified copy of the rule to the legislature. The legislature may review and, by concurrent resolution, approve, disapprove or modify such rule. However, such rule shall be given full force and effect pending legislative review. If no concurrent resolution is passed by the legislature with respect to the rule within one year following receipt of a certified copy of the rule, the rule shall be deemed to have been approved by the legislature. If the legislature disapproves a rule or a section of a rule, the board shall immediately discontinue the use of any procedure, action or proceeding authorized or required by the rule or section of the rule. If the legislature modifies a rule or section of a rule, the board shall immediately suspend the use of any procedure, action or proceeding authorized or required by the rule or section of the rule until the modified rule has been adopted in accordance with chapter 6 of this title, after which all proceedings pursuant to the rule shall be conducted in accordance with the modified version of the rule.
10. Furnish advisory services to city and county park or recreation boards and organizations.
11. Delegate to the director, the deputy director or the director's designee any of its powers and duties, whether ministerial or discretionary, which are prescribed by law, except that the board may not delegate its power or duty to make rules.
12. Reimburse board volunteers for travel and lodging expenses and per diem subsistence allowances incurred while on public business for the board. Reimbursement amounts shall not exceed those allowed under title 38, chapter 4, article 2.
13. In consultation with the conservation acquisition board, develop a grant program and adopt guidelines for allocating and obligating monies in the land conservation fund pursuant to section 41‑511.23. The guidelines shall include consideration of both qualification issues relating to applicants for grants and issues relating to the proposed use of the grant money in a manner consistent with existing municipal, county and regional land use plans.
Sec. 3. Repeal
Section 41-511.23, Arizona Revised Statutes, is repealed.
Sec. 4. Appropriation
All monies remaining unexpended and unencumbered in the land conservation fund, including both the conservation donation account and the public conservation account, are appropriated to the forest restoration and treatment trust fund established by section 37-625, Arizona Revised Statutes, as added by this act. The appropriation made by this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
