Arizona 2022 Regular Session

Arizona Senate Bill SB1180 Compare Versions

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1-Senate Engrossed technical correction; nuisance; nonconforming eggs (now: COVID-related; expenditures; reporting; federal funds) State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SENATE BILL 1180 An Act prescribing reporting requirements for covid-related expenditures. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: technical correction; nuisance; nonconforming eggs State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1180 Introduced by Senator Gowan AN ACT amending section 3-730, arizona revised statutes; relating to eggs and egg products. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9-Senate Engrossed technical correction; nuisance; nonconforming eggs (now: COVID-related; expenditures; reporting; federal funds)
9+REFERENCE TITLE: technical correction; nuisance; nonconforming eggs
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56+amending section 3-730, arizona revised statutes; relating to eggs and egg products.
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67- Be it enacted by the Legislature of the State of Arizona: Section 1. COVID-related expenditures; reporting requirements; intent A. Before spending monies from the coronavirus state fiscal recovery fund and the coronavirus capital projects fund as appropriated by section 9901 of the American rescue plan act of 2021 (P.L. 117-2) in the amount of $10,000,000 or more for one designated purpose, the office of the governor shall notify the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee of the intended use of the monies. B. Within thirty days after the last day of each calendar quarter through June 30, 2024, the office of the governor shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the actual expenditures from the coronavirus state fiscal recovery fund and the coronavirus capital projects fund as appropriated by section 9901 of the American rescue plan act of 2021 (P.L. 117-2). C. Before spending monies allocated to the superintendent of public instruction from the elementary and secondary school emergency relief fund as appropriated by section 2001 of the American rescue plan act of 2021 (P.L. 117-2) in the amount of $10,000,000 or more for one designated purpose, the superintendent of public instruction shall notify the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee of the intended use of the monies. D. Within thirty days after the last day of each calendar quarter through June 30, 2024, the superintendent of public instruction shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the actual expenditure of monies allocated to the superintendent of public instruction from the elementary and secondary school emergency relief fund as appropriated by section 2001 of the American rescue plan act of 2021 (P.L. 117-2). E. Before spending monies from the higher education emergency relief fund as appropriated by section 2003 of the American rescue plan act of 2021 (P.L. 117-2) in the amount of $10,000,000 or more for one designated purpose, the Arizona board of regents shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the intended use of the monies by Arizona state university, the university of Arizona and northern Arizona university. F. Within thirty days after the last day of each calendar quarter through June 30, 2024, the Arizona board of regents shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the actual expenditure of monies from the higher education emergency relief fund as appropriated by section 2003 of the American rescue plan act of 2021 (P.L. 117-2) by Arizona state university, the university of Arizona and northern Arizona university. G. Reports required pursuant to this section shall delineate expenditures by agency and program and include descriptions of the purpose of the expenditures. H. The legislature intends that the executive branch of state government report on its planned and actual use of any major additional federal aid to the state of Arizona through federal legislation enacted by the end of fiscal year 2021-2022. The timing and frequency of these reports should be the same as required by subsections A through F of this section. The chairman and vice chairman of the joint legislative budget committee may provide recommendations to the executive branch concerning federal legislation that would qualify under this subsection.
66+ Be it enacted by the Legislature of the State of Arizona: Section 1. Section 3-730, Arizona Revised Statutes, is amended to read: START_STATUTE3-730. Nonconforming eggs as nuisance; procedure for handling and abatement A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article, together with their cases, cartons or containers, are declared a public nuisance, and the eggs or egg products shall be held by the person in possession and shall not be moved from the place where held, except upon on written permission or specified direction of the director. B. An inspector may affix a warning tag or notice to the eggs or egg products and may give notice of the violation to the producer, manufacturer, dealer, or owner or any person in possession of the eggs or egg products. If the person, after notice, refuses or fails within seventy-two hours to proceed with due diligence to recondition or remark re-mark the eggs or egg products so as to comply with this article, the eggs or egg products, and their cases, cartons or containers, may be seized by a law enforcement officer. When the eggs or egg products are in cold storage the seventy-two hour seventy-two-hour period does not commence to run until the eggs or egg products are removed from storage and delivered to a dealer or producer. C. The county attorney of the county in which the nuisance exists, on the relation of the director, shall maintain in the name of the state a civil action to abate and prevent the nuisance. If the court finds a nuisance exists, the court shall order the eggs or egg products condemned and destroyed in the manner directed by the court, or reconditioned, remarked re-marked, denatured or otherwise processed, or released upon on such conditions as the court may prescribe to insure ensure that the nuisance will be abated. If the owner fails to comply with the order of the court within the time specified, the court may order disposal of the eggs or egg products, and their cases, cartons or containers, or the sale thereof, under such conditions as the court may prescribe, by the director, the sheriff or the constable. In the event if the court orders any of the eggs or egg products and their cases, cartons or containers which that can be salvaged to be sold, the cost of disposal shall be deducted from the proceeds of the sale and the balance paid into court to be delivered to the owner. D. In actions arising under this section, the superior court has original jurisdiction. END_STATUTE
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6968 Be it enacted by the Legislature of the State of Arizona:
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71-Section 1. COVID-related expenditures; reporting requirements; intent
70+Section 1. Section 3-730, Arizona Revised Statutes, is amended to read:
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73-A. Before spending monies from the coronavirus state fiscal recovery fund and the coronavirus capital projects fund as appropriated by section 9901 of the American rescue plan act of 2021 (P.L. 117-2) in the amount of $10,000,000 or more for one designated purpose, the office of the governor shall notify the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee of the intended use of the monies.
72+START_STATUTE3-730. Nonconforming eggs as nuisance; procedure for handling and abatement
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75-B. Within thirty days after the last day of each calendar quarter through June 30, 2024, the office of the governor shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the actual expenditures from the coronavirus state fiscal recovery fund and the coronavirus capital projects fund as appropriated by section 9901 of the American rescue plan act of 2021 (P.L. 117-2).
74+A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article, together with their cases, cartons or containers, are declared a public nuisance, and the eggs or egg products shall be held by the person in possession and shall not be moved from the place where held, except upon on written permission or specified direction of the director.
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77-C. Before spending monies allocated to the superintendent of public instruction from the elementary and secondary school emergency relief fund as appropriated by section 2001 of the American rescue plan act of 2021 (P.L. 117-2) in the amount of $10,000,000 or more for one designated purpose, the superintendent of public instruction shall notify the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee of the intended use of the monies.
76+B. An inspector may affix a warning tag or notice to the eggs or egg products and may give notice of the violation to the producer, manufacturer, dealer, or owner or any person in possession of the eggs or egg products. If the person, after notice, refuses or fails within seventy-two hours to proceed with due diligence to recondition or remark re-mark the eggs or egg products so as to comply with this article, the eggs or egg products, and their cases, cartons or containers, may be seized by a law enforcement officer. When the eggs or egg products are in cold storage the seventy-two hour seventy-two-hour period does not commence to run until the eggs or egg products are removed from storage and delivered to a dealer or producer.
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79-D. Within thirty days after the last day of each calendar quarter through June 30, 2024, the superintendent of public instruction shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the actual expenditure of monies allocated to the superintendent of public instruction from the elementary and secondary school emergency relief fund as appropriated by section 2001 of the American rescue plan act of 2021 (P.L. 117-2).
78+C. The county attorney of the county in which the nuisance exists, on the relation of the director, shall maintain in the name of the state a civil action to abate and prevent the nuisance. If the court finds a nuisance exists, the court shall order the eggs or egg products condemned and destroyed in the manner directed by the court, or reconditioned, remarked re-marked, denatured or otherwise processed, or released upon on such conditions as the court may prescribe to insure ensure that the nuisance will be abated. If the owner fails to comply with the order of the court within the time specified, the court may order disposal of the eggs or egg products, and their cases, cartons or containers, or the sale thereof, under such conditions as the court may prescribe, by the director, the sheriff or the constable. In the event if the court orders any of the eggs or egg products and their cases, cartons or containers which that can be salvaged to be sold, the cost of disposal shall be deducted from the proceeds of the sale and the balance paid into court to be delivered to the owner.
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81-E. Before spending monies from the higher education emergency relief fund as appropriated by section 2003 of the American rescue plan act of 2021 (P.L. 117-2) in the amount of $10,000,000 or more for one designated purpose, the Arizona board of regents shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the intended use of the monies by Arizona state university, the university of Arizona and northern Arizona university.
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83-F. Within thirty days after the last day of each calendar quarter through June 30, 2024, the Arizona board of regents shall report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and the director of the joint legislative budget committee the actual expenditure of monies from the higher education emergency relief fund as appropriated by section 2003 of the American rescue plan act of 2021 (P.L. 117-2) by Arizona state university, the university of Arizona and northern Arizona university.
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85-G. Reports required pursuant to this section shall delineate expenditures by agency and program and include descriptions of the purpose of the expenditures.
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87-H. The legislature intends that the executive branch of state government report on its planned and actual use of any major additional federal aid to the state of Arizona through federal legislation enacted by the end of fiscal year 2021-2022. The timing and frequency of these reports should be the same as required by subsections A through F of this section. The chairman and vice chairman of the joint legislative budget committee may provide recommendations to the executive branch concerning federal legislation that would qualify under this subsection.
80+D. In actions arising under this section, the superior court has original jurisdiction. END_STATUTE