| 1 | 1 | | REFERENCE TITLE: housing trust fund; deposit; appropriation State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1465 Introduced by Senator Shope An Act amending sections 5-572, 41-3955, 41-5302, 41-5352 and 44-313, Arizona Revised Statutes; relating to the housing trust fund. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: housing trust fund; deposit; appropriation |
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| 10 | 10 | | State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 |
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| 11 | 11 | | SB 1465 |
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| 12 | 12 | | Introduced by Senator Shope |
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| 14 | 14 | | REFERENCE TITLE: housing trust fund; deposit; appropriation |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | Senate |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | First Regular Session |
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| 32 | 32 | | 2023 |
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| 40 | 40 | | SB 1465 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Senator Shope |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending sections 5-572, 41-3955, 41-5302, 41-5352 and 44-313, Arizona Revised Statutes; relating to the housing trust fund. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 5-572, Arizona Revised Statutes, is amended to read: START_STATUTE5-572. Use of monies in state lottery fund; report A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery. B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297. C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36-274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563, and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis. D. If the state lottery director determines that monies available to the state general fund may not equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year. E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based faith-based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state. F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety-nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents. G. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund Housing trust fund established by section 41-3955. H. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation. I. The commission shall transfer monies prescribed in this section on a quarterly basis. END_STATUTE Sec. 2. Section 41-3955, Arizona Revised Statutes, is amended to read: START_STATUTE41-3955. Housing trust fund; purpose; annual report A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies deposited pursuant to section 5-572, monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section sections 35-751 and 41-5352 and investment earnings. B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs. Pursuant to section 44-313, subsection A, A portion of fund monies shall be used exclusively for housing in rural areas. D. Fund monies may be spent on constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment. E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children. F. The director shall report annually to the legislature on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year. G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund. I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations. END_STATUTE Sec. 3. Section 41-5302, Arizona Revised Statutes, is amended to read: START_STATUTE41-5302. Office of economic opportunity; funds A. The office of economic opportunity is established. B. The director is responsible for the direction, operation and control of the office. C. The governor shall appoint the director of the office pursuant to section 38-211 to serve at the pleasure of the governor. D. The office of economic opportunity operations fund is established consisting of monies deposited pursuant to sections 44-1843, 44-1861, 44-1892, 44-3324 and 44-3325 and as otherwise provided by law. The office shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund may be used in the furtherance of the mission of the office and related economic development interests. E. The economic development fund is established consisting of monies received from the Arizona industrial development authority and the Arizona finance authority as otherwise provided by law. The office shall administer the fund. END_STATUTE Sec. 4. Section 41-5352, Arizona Revised Statutes, is amended to read: START_STATUTE41-5352. Arizona finance authority; fund A. The Arizona finance authority is established in the office of economic opportunity. B. The governor shall appoint the director of the authority to serve at the pleasure of the governor. C. The Arizona finance authority operations fund is established consisting of monies deposited pursuant to section 41-5355. The authority shall administer the fund. Monies in the fund are continuously appropriated. D. At the end of the fiscal year, the authority shall transfer all unencumbered monies in the fund in excess of the authority's operating costs to the economic development fund established by section 41-5302 housing trust fund established by section 41-3955. END_STATUTE Sec. 5. Section 44-313, Arizona Revised Statutes, is amended to read: START_STATUTE44-313. Deposit of monies A. Except as otherwise provided in this section or section 44-314, the department shall deposit, pursuant to sections 35-146 and 35-147, in the state general fund all monies received pursuant to this chapter, including the proceeds from the sale of abandoned property pursuant to section 44-312, except that: 1. The first two million dollars $2,000,000 of the monies shall be deposited each fiscal year in the seriously mentally ill housing trust fund established by section 41-3955.01. 2. The second two million five hundred thousand dollars $2,500,000 of the monies shall be deposited each fiscal year in the housing trust fund established by section 41-3955. 3. The next twenty-four million five hundred thousand dollars $24,500,000 of the monies shall be deposited each fiscal year in the department of revenue administrative fund established by section 42-1116.01. 4. Seventy-five percent of the remaining monies shall be DEPOSITED each fiscal year in the housing trust fund established by section 41-3955. B. The department shall deposit monies from unclaimed shares and dividends of any corporation incorporated under the laws of this state in the permanent state school fund pursuant to article XI, section 8, Constitution of Arizona. C. The department shall deposit monies from unclaimed victim restitution payments in the victim compensation and assistance fund established by section 41-2407 for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime. D. The department shall retain in a separate trust fund at least one hundred thousand dollars $100,000 from which the department shall pay claims. E. Before making the deposit, the department shall record the name and last known address of each person who appears from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary. The department shall also record the policy or contract number of each policy or contract of an insurance company that is listed in the report, the name of the company and the amount due. The department shall make the record available for public inspection during reasonable business hours. END_STATUTE |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section 1. Section 5-572, Arizona Revised Statutes, is amended to read: |
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| 84 | 84 | | START_STATUTE5-572. Use of monies in state lottery fund; report |
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| 86 | 86 | | A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery. |
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| 87 | 87 | | |
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| 88 | 88 | | B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297. |
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| 89 | 89 | | |
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| 90 | 90 | | C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36-274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563, and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis. |
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| 91 | 91 | | |
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| 92 | 92 | | D. If the state lottery director determines that monies available to the state general fund may not equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year. |
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| 93 | 93 | | |
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| 94 | 94 | | E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based faith-based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state. |
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| 96 | 96 | | F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety-nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents. |
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| 97 | 97 | | |
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| 98 | 98 | | G. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund Housing trust fund established by section 41-3955. |
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| 99 | 99 | | |
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| 100 | 100 | | H. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation. |
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| 102 | 102 | | I. The commission shall transfer monies prescribed in this section on a quarterly basis. END_STATUTE |
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| 104 | 104 | | Sec. 2. Section 41-3955, Arizona Revised Statutes, is amended to read: |
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| 105 | 105 | | |
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| 106 | 106 | | START_STATUTE41-3955. Housing trust fund; purpose; annual report |
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| 108 | 108 | | A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies deposited pursuant to section 5-572, monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section sections 35-751 and 41-5352 and investment earnings. |
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| 110 | 110 | | B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. |
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| 111 | 111 | | |
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| 112 | 112 | | C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs. Pursuant to section 44-313, subsection A, A portion of fund monies shall be used exclusively for housing in rural areas. |
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| 114 | 114 | | D. Fund monies may be spent on constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment. |
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| 115 | 115 | | |
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| 116 | 116 | | E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children. |
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| 117 | 117 | | |
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| 118 | 118 | | F. The director shall report annually to the legislature on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year. |
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| 120 | 120 | | G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. |
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| 121 | 121 | | |
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| 122 | 122 | | H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund. |
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| 123 | 123 | | |
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| 124 | 124 | | I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations. END_STATUTE |
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| 126 | 126 | | Sec. 3. Section 41-5302, Arizona Revised Statutes, is amended to read: |
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| 127 | 127 | | |
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| 128 | 128 | | START_STATUTE41-5302. Office of economic opportunity; funds |
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| 129 | 129 | | |
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| 130 | 130 | | A. The office of economic opportunity is established. |
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| 131 | 131 | | |
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| 132 | 132 | | B. The director is responsible for the direction, operation and control of the office. |
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| 134 | 134 | | C. The governor shall appoint the director of the office pursuant to section 38-211 to serve at the pleasure of the governor. |
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| 135 | 135 | | |
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| 136 | 136 | | D. The office of economic opportunity operations fund is established consisting of monies deposited pursuant to sections 44-1843, 44-1861, 44-1892, 44-3324 and 44-3325 and as otherwise provided by law. The office shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund may be used in the furtherance of the mission of the office and related economic development interests. |
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| 137 | 137 | | |
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| 138 | 138 | | E. The economic development fund is established consisting of monies received from the Arizona industrial development authority and the Arizona finance authority as otherwise provided by law. The office shall administer the fund. END_STATUTE |
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| 139 | 139 | | |
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| 140 | 140 | | Sec. 4. Section 41-5352, Arizona Revised Statutes, is amended to read: |
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| 141 | 141 | | |
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| 142 | 142 | | START_STATUTE41-5352. Arizona finance authority; fund |
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| 143 | 143 | | |
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| 144 | 144 | | A. The Arizona finance authority is established in the office of economic opportunity. |
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| 145 | 145 | | |
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| 146 | 146 | | B. The governor shall appoint the director of the authority to serve at the pleasure of the governor. |
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| 147 | 147 | | |
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| 148 | 148 | | C. The Arizona finance authority operations fund is established consisting of monies deposited pursuant to section 41-5355. The authority shall administer the fund. Monies in the fund are continuously appropriated. |
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| 149 | 149 | | |
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| 150 | 150 | | D. At the end of the fiscal year, the authority shall transfer all unencumbered monies in the fund in excess of the authority's operating costs to the economic development fund established by section 41-5302 housing trust fund established by section 41-3955. END_STATUTE |
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| 152 | 152 | | Sec. 5. Section 44-313, Arizona Revised Statutes, is amended to read: |
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| 153 | 153 | | |
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| 154 | 154 | | START_STATUTE44-313. Deposit of monies |
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| 155 | 155 | | |
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| 156 | 156 | | A. Except as otherwise provided in this section or section 44-314, the department shall deposit, pursuant to sections 35-146 and 35-147, in the state general fund all monies received pursuant to this chapter, including the proceeds from the sale of abandoned property pursuant to section 44-312, except that: |
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| 157 | 157 | | |
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| 158 | 158 | | 1. The first two million dollars $2,000,000 of the monies shall be deposited each fiscal year in the seriously mentally ill housing trust fund established by section 41-3955.01. |
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| 159 | 159 | | |
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| 160 | 160 | | 2. The second two million five hundred thousand dollars $2,500,000 of the monies shall be deposited each fiscal year in the housing trust fund established by section 41-3955. |
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| 161 | 161 | | |
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| 162 | 162 | | 3. The next twenty-four million five hundred thousand dollars $24,500,000 of the monies shall be deposited each fiscal year in the department of revenue administrative fund established by section 42-1116.01. |
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| 163 | 163 | | |
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| 164 | 164 | | 4. Seventy-five percent of the remaining monies shall be DEPOSITED each fiscal year in the housing trust fund established by section 41-3955. |
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| 165 | 165 | | |
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| 166 | 166 | | B. The department shall deposit monies from unclaimed shares and dividends of any corporation incorporated under the laws of this state in the permanent state school fund pursuant to article XI, section 8, Constitution of Arizona. |
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| 167 | 167 | | |
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| 168 | 168 | | C. The department shall deposit monies from unclaimed victim restitution payments in the victim compensation and assistance fund established by section 41-2407 for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime. |
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| 169 | 169 | | |
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| 170 | 170 | | D. The department shall retain in a separate trust fund at least one hundred thousand dollars $100,000 from which the department shall pay claims. |
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| 171 | 171 | | |
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| 172 | 172 | | E. Before making the deposit, the department shall record the name and last known address of each person who appears from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary. The department shall also record the policy or contract number of each policy or contract of an insurance company that is listed in the report, the name of the company and the amount due. The department shall make the record available for public inspection during reasonable business hours. END_STATUTE |
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