REFERENCE TITLE: commerce authority; concrete masonry education
State of Arizona
House of Representatives
Fifty-third Legislature
First Regular Session
2017
HB 2132
Introduced by
Representative Bowers
AN ACT
amending Title 41, chapter 10, article 1, Arizona Revised Statutes, by adding section 41-1526; relating to the arizona commerce authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 41-1526, to read:
START_STATUTE41-1526. Arizona concrete masonry education council; membership; powers and duties; prohibitions
A. The Arizona concrete masonry education council is established as a nonprofit corporation that is organized under title 10.
B. The council shall be governed by a board of directors consisting of seven voting members as follows:
1. Three members who represent concrete masonry manufacturers. A manufacturer may not be represented by more than one board member. The president of the senate shall appoint two of these members and the governor shall appoint one of these members.
2. Three members who are masonry contractor, who are registered pursuant to title 32, chapter 1 and who are members of a statewide masonry association in this state. The speaker of the house of representatives shall appoint two of these members and the governor shall appoint one of these members.
3. One member who represents the sand and gravel industry or cement manufacturers. The governor shall appoint this member.
C. Three of the initial board members shall be appointed to serve one‑year terms, three of the initial board members shall be appointed to serve two‑year terms and one of the initial board members shall be appointed to serve a three-year term. Each subsequent vacancy on the board of directors shall be filled in accordance with the initial appointment. Thereafter, each board member shall be appointed to serve a three‑year term and may be reappointed to serve an additional consecutive term.
D. A member representing a manufacturer must have been employed by a manufacturer engaging in the trade of manufacture of concrete masonry products for at least five years immediately preceding the first day of the member's service on the board. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses in the same manner as provided in title 38, chapter 4, article 2.
E. In addition to the voting members described in subsection B of this section, the chief executive officer or the chief executive officer's designee shall serve as a nonvoting advisory member of the board of directors of the council.
F. The council shall:
1. Operate under a written contract with the authority that provides, at a minimum, for the:
(a) Approval of the articles of incorporation and bylaws of the council by the authority.
(b) Submission of an annual budget for approval by the authority.
(c) Reversion of monies and property held in trust by the council for concrete masonry education to the authority if the council ceases to exist.
2. Plan, implement and conduct educational programs to train individuals in the field of concrete masonry.
3. Support research related to the masonry industry.
4. Support existing educational programs for individuals seeking employment in the field of concrete masonry.
5. Inform and educate the public about the economic benefits of concrete masonry products in order to increase employment opportunities for individuals trained in the programs conducted pursuant to this section.
6. Develop, implement and monitor a system for the collection of a self‑imposed voluntary assessment of not more than two cents on each concrete masonry unit produced and sold by concrete masonry manufacturers in this state.
7. Adopt bylaws to carry out the intent and purpose of this section. Before adoption by the council, the bylaws must be approved by the authority. The bylaws must conform to the requirements of this section but may also address any matter not in conflict with the general laws of this state. Amendments to adopted bylaws may be proposed with thirty days' notice to the members of the board of directors of the council at any regular or special meeting called for the purpose and may be adopted by the council following approval by the authority.
8. Submit a report to the governor, the president of the senate and the speaker of the house of representatives by January 15 of each year outlining the revenues received by the council, the percentage of the industry participating in the programs supported by the council, the use of the monies received by the council, the goals and objectives for the year and the methods of achieving the goals and objectives, the number of individuals who have received training or assistance from the programs supported by the council and information relating to job placements and industry workforce needs.
G. The council may:
1. Provide to governmental bodies, on request, information relating to subjects of concern to the concrete masonry industry and act jointly or in cooperation with the state or federal government and state and federal agencies in the development or administration of programs that the council considers to be consistent with the objectives of this section.
2. Sue and be sued as a council without individual liability of the members for actions of the council when acting within the scope of the powers conferred by this section and in the manner prescribed by the laws of this state.
3. Maintain a financial reserve for emergency use, the total of which must not exceed ten percent of the council's anticipated annual income.
4. Employ officers and employees, prescribe their duties and fix their compensation and terms of employment.
5. Cooperate with any local, state, regional or nationwide organization or agency engaged in work or activities consistent with the objectives of this section.
6. Meet with concrete masonry manufacturers in this state to coordinate the collection of self‑imposed voluntary assessments on concrete masonry units.
7. Accept grants, donations, contributions or gifts from any source if the use of the resources is not restricted in a manner that the council considers to be inconsistent with the objectives of this section.
8. Make payments to other organizations for work or services performed that are consistent with the objectives of this section. Before making payments described in this paragraph, the council must secure a written agreement that the organization receiving payment will furnish at least annually, or more frequently on request of the council, written or printed reports of program activities and reports of financial data that are relative to the council's funding of such activities.
9. Require adequate proof of security bonding on the payments to any individual, business or other organization.
H. The council may not:
1. Participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office or any state or local ballot initiative, including the publication or distribution of any statement.
2. Notwithstanding any other law, carry on any other activity that is not allowed to be carried on by a corporation:
(a) That is tax exempt under section 501(c)(3) of the internal revenue code.
(b) To which charitable contributions are deductible under section 170(c)(2) of the internal revenue code.
I. The net receipts of the council may not in any part inure to the benefit of or be distributable to the council's directors, the council's officers or other private persons. The council may pay reasonable compensation for services rendered by council officers and employees and may make payments and distributions in furtherance of the purposes of this section.
J. The self-imposed voluntary assessment shall be paid for each masonry unit produced and sold by a manufacturer. The council shall maintain within its financial records a separate accounting of all monies received under this subsection. The council shall provide for an annual financial audit of its accounts and records.END_STATUTE