ARIZONA STATE SENATE
Phoenix, Arizona
Purpose:
Establishes procedures to be
followed for the donation of state trust land for school sites if the authority
to make such donations is approved via Constitutional amendments approved by
the voters in the 2002 general election.
Background:
The State Enabling Act was
passed in 1910 to prepare the Territory of Arizona for statehood. Under the Act, certain sections of each
township were assigned to be held by the state in a trust for the benefit of
schools and other public institutions.
The Enabling Act also required that state trust lands be appraised at
fair market value and cannot be disposed of for less than that amount. The State Land Department, established in
1915, has authority over all state trust lands. The mission of the Department is to manage the trust lands and
maximize the revenues for the beneficiaries.
S.C.R. 1004, introduced
during the 2001 session as a companion bill to S.B. 1541 grants constitutional
authority for the donation of state trust land of which the beneficiary is a
public school to school districts for new school sites. S.C.R. 1004, with a few
minor differences, is similar to provisions of Proposition 100, which failed in
the 2000 general election. If S.C.R.
1004 is passed by the legislature and approved by the voters in 2002, S.B. 1541
provides the appropriate procedures to be followed for a school district to
acquire the land and the guidelines for the use of the land once it is donated.
The fiscal impact to the
general fund associated with this bill is unknown.
Provisions:
1. Requires the School Facilities Board to cooperate with the State Land Department in evaluating state trust land for donation to a school district for consistency and coordination with the district’s capital plan and to determine whether the site is appropriate and meets all legal requirements for siting schools.
2. Requires the School Facilities Board to consider lands donated to a school district in determining the amount of monies distributed to the district from the new school facilities fund.
3. Allows the State Land Commissioner, in consultation with the School Facilities Board, to donate state trust land to a school district for a school site.
4. Requires the State Land Commissioner to:
(a)
Review
the condition of land proposed for donation, including the current use,
existing leases and other potential uses for the land.
(b)
Review
the economic impact to the permanent state school fund and the state general
fund.
(c)
Hold
at least one public hearing to receive and consider all written and oral
comments.
5. Requires that the State Land Commissioner, after considering all the evidence and findings, determine whether the donation would be appropriate. Requires the Commissioner, if appropriate, to convey the title to the trust land to the school district.
6. Makes technical changes.
7. Contains a conditional enactment that makes S.B. 1541 effective upon voter approval of a Constitutional amendment allowing the donation of state trust lands for school sites on the 2002 general election ballot.
Prepared by Senate Staff
February 27, 2001