AN ACT

prescribing reductions in appropriations and making appropriations to the state board of education, the department of education and the arizona board of regents; providing for conditional enactment.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1.  Department of education; school districts; state aid apportionment; supplemental appropriation reduction; transfer; fiscal year 2010-2011 appropriation

A.  Notwithstanding any other law, in addition to any other reductions made in fiscal year 2009‑2010, the sum of $350,000,000 is reduced from appropriations made from the state general fund in fiscal year 2009‑2010 to the department of education and the superintendent of public instruction for basic state aid and additional state aid to school districts and is transferred to the state general fund.  The appropriation reduction required by this section constitutes a deferral of $350,000,000 in payments for basic state aid and additional state aid for fiscal year 2009‑2010 until fiscal year 2010‑2011.  The appropriation reduction required by this section does not apply to charter schools or to school districts that qualify for an exemption from the general budget limit either for pupils in kindergarten programs and grades one through eight or for pupils in grades nine through twelve, or both, pursuant to section 15‑949, Arizona Revised Statutes.

B.  In addition to any other appropriations made in fiscal year 2010‑2011, the sum of $350,000,000 is appropriated in fiscal year 2010-2011 from the state general fund to the state board of education and the superintendent of public instruction for basic state aid and additional state aid for fiscal year 2010-2011.  This appropriation shall be disbursed after July 1, 2010 but no later than August 29, 2010 to the several counties for the school districts in each county in amounts equal to the reductions in apportionment of basic state aid and additional state aid that occurred during fiscal year 2009‑2010 as a result of the $350,000,000 reduction in the appropriation from the state general fund in fiscal year 2009‑2010 to the department of education and the superintendent of public instruction for basic state aid and additional state aid to school districts pursuant to subsection A.

C.  School districts shall include in the revenue estimates that they use for computing their tax rates for fiscal year 2009-2010 the monies that they will receive pursuant to subsection B.

Sec. 2.  Arizona board of regents; support and maintenance; appropriation reduction; transfer; fiscal year 2010‑2011 appropriation

A.  In addition to any other reductions made in fiscal year 2009‑2010, the sum of $100,000,000 is reduced from the appropriation made from the state general fund in fiscal year 2009-2010 to the Arizona board of regents for the support and maintenance of institutions under its jurisdiction and is deferred to payment in fiscal year 2010-2011.  This amount is transferred to the state general fund in fiscal year 2009-2010.  The Arizona board of regents shall reduce funding to the institutions under its jurisdiction in proportion to the state general fund appropriation received by each institution.  The appropriation reduction required by this section constitutes a deferral of $100,000,000 in payments to the Arizona board of regents for the support and maintenance of institutions under its jurisdiction for fiscal year 2009‑2010 until fiscal year 2010‑2011.

B.  In addition to any other amounts appropriated to the Arizona board of regents for fiscal year 2010-2011, the sum of $100,000,000 is appropriated from the state general fund to the Arizona board of regents to be distributed for the support and maintenance of institutions under its jurisdiction for payments deferred from fiscal year 2009-2010 pursuant to subsection A.  The department of administration shall distribute these monies to the board no later than October 1, 2010.

Sec. 3.  Conditional enactment

This act does not become effective unless House Bill 2250, forty-ninth legislature, second regular session, relating to employment incentives, becomes law.