Arizona Outdoor Recreation Coordinating Commission: sunset review

              Arizona House of Representativ~s... _--:
House' Majority Research
MEMORANDUM
Carolyn Atwater
Legislative Research Analyst
Government Refonn and Government
Finance Accountability Committee
To: JOINT LEGISLATIVE AUDIT COMMITTEE
Re: Arizona Outdoor Recreation Coordinating Commission
Date: December 22, 2006
1700 W. Washington
Phoenix, AZ 85007-2848
Office (602) 926-3535
FAx (602) 417-3181
Attached is the final report ofthe sunset review of the Arizona Outdoor Recreation Coordinating
Committee, which was conducted by the House ofRepresentatives Government Reform and
Government Finance Accountability and Senate Natural Resources and Government Affairs
Committee.
This report has been distributed to the following individuals and agencies:
Governor ofthe State of Arizona
The Honorable Janet Napolitano
President of the Senate
Senator Ken Bennett
Senate Members
Senator Jake Flake, Cochair
Senator Marsha Arzberger
Senator Tim Bee
Senator Robert Blendu
Senator Robert Cannell
Speaker of the House of Representatives
Representative Jim Weiers
House Members
Representative Bill Konopnicki, Cochair
Representative Kirk Adams
Representative Ted Downing
Representative Phil Lopes
Representative John McComish
Arizona Outdoor Recreation Coordinating Commission
Department of Library, Archives & Public Records
Auditor General
Senate Republican Staff
Senate Research Staff
Senate Democratic Staff
Senate Resource Center
House Majority Staff
House Research Staff
House Democratic Staff
Chief Clerk
December 22, 2006
COMMITTEE OF REFERENCE 'REPORT:
ARIZONA OUTDOOR RECREATION COORDINATING COMMISSION
Background
Pursuant to § 41-2953, Arizona Revised Statutes, the Joint Legislative Audit Committee
(JLAC) assigned the sunset review of the Arizona Outdoor Recreation Coordinating Commission
(AORCC) to the House of Representatives Government Reform and Government Finance
Accountability and the Senate Natural Resources and RuralAffairs Committee of Reference.
AORCC was created in response to the Federal Land and Water Conservation Act of
1965. It was melded with Arizona State Parks in 1984 and has since served in an advisory
capacity to the State Parks Board.
Committee ofReference Sunset Review Procedures
The Committee of Reference held a public hearing on December 5, 2006, to review
AORCC's response to the sunset factors as required by A.RS. § 41-2954, subsection F, and to
receive public testimony (see Attachment 4). There was no public testimony heard.
Committee ofReference Recommendations
The Committee of Reference recommended a ten-year continuation of the Arizona
Outdoor Recreation Coordinating Commission.
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December 22, 2006
SUNSET REPORT REQUIREMENTS
Pursuant to Section 41-2954 subsection F, Arizona Revised Statutes
*** Note: The following answers are a summary ofthe information provided by AGRee.
Please see Attachment 2for the complete response to the sunsetfactors required by A.R.S. § 41­2954,
subsection F.
I. The objective and purpose in establishing the agency.
The AORCC was originally established as a stand-alone agency in 1965, in
response to the Federal Land ,and Water Conservation Act. AORCC was responsible for
planning, coordinating and administering Arizona's outdoor recreation program. In
1984, AORCC was melded with Arizona State Parks, and serves in an advisory capacity
to the State Parks Board (Board).
II. The effectiveness with which the agency has met its objective and purpose and the
efficiency with which it has operated.
AORCC annually reviews and makes recommendations to the Board on priorities
and expenditures of grant funds from the Heritage Fund, State Lake Improvement Fund,
Law Enforcement Boating Safety fund and the Federal Land and Water Conservation
Fund. They also reviewed and made recommendations to the Board on major statewide
recreational planning efforts, including the Arizona Statewide Comprehensive Outdoor
Recreation Plan in 2003 and the Arizona Statewide Motorized and Nonmotorized Trails
Plan in 2005.
III. The extent to which the agency has operated within the public interest.
The communities that AORCC benefits most are those throughout the state that
receive grants to enhance their cultural and recreational resources.
IV. The extent to which rules adopted by the agency are consistent with the legislative
mandate.
AORCC does not promulgate rules, as it is an advisory body.
V. The extent to which the agency has encouraged input from the public before
adopting its rules and the extent to which it has informed the public as to its actions
and their expected impact on the public.
AORCC consists of members who live all over the state, and bring "a high level
of expertise and commitment to public service that the Board relies upon." In addition to
3
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advisory committees, Arizona State Parks engages the public through a variety of
methods and conducts meetings, which are open to the public, all over the state.
VI. The extent to which the agency has been able to investigate and resolve complaints
within its jurisdiction.
AORCC deals with disputes between competing grant applicants seeking limited
grant dollars. A formal protocol to deal with differences of opinion between AGRCC
and the Board was established in 1994.
VII. The extent to which the Attorney General or any other applicable agency of state
government has the authority to prosecute actions under the enabling legislation.
AORCC is not a regulatory agency.
VIII. The extent to which the agency has addressed defi~iencies in its enabling statutes
which prevent it from fulfilling its statutory mand,te.
AORCC does not directly seek legislative changes, as they are an advisory body.
IX. The extent to which changes are necessary in the agency's laws to adequately
comply with the factors listed in the subsection.
No legislative changes are necessary.
X. The extent to which termination of the agency would significantly harm the public
health, safety or welfare.
The Board relies upon the service ofAGRCC members, and "their efforts have
resulted in model planning efforts and exemplary grant programs."
XI. The extent to which the level of regulation exercised by the agency is appropriate
and whether less stringent levels of regulation would be appropriate.
Arizona State Parks is not a regulatory agency.
XII. The extent to which the agency has used private contractors in the performance of
its duties and how the effective use of private contractors could be accomplished.
AORCC has no need to contract privately, but Arizona State Parks will use
private contractors whenever appropriate.
Additional Questions
I. Identification of the problem or the needs that the agency is intended to address.
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December 22, 2006
AGRCC provides critical recreation management expertise to the Board, and is a
valuable link to partners of Arizona State Parks through various grant programs.
II. A statement, to the extent practicable, in quantitative and qualitative terms, of the
objectives of the agency and its anticipated accomplishments.
Numerous grants have been awarded from1996 to 2006.
III. An identification of any other agencies having similar, conflicting, or duplicate
objectives, and an explanation of the manner in which the agency avoids duplication
or conflict with other such agencies.
Arizona State Parks utilizes other advisory committees to assist with grant
programs, but the members of those committees have knowledge specifically related to
their programs, while AGRCC's expertise is related to public recreation.
IV. An assessment of the consequences of eliminating the agency.
AGRCC plays a critical role in allowing the Board to make decisions on grant
priorities, and statewide recreation planning.
V. An assessment of the consequences of consolidating AORCC with another agency.
AGRCC plays a critical role in allowing the Board to make decisions on grant
priorities, and statewide recreation planning.
Attachments
1. Letter from Rep. John Nelson toAGRCC requesting information.
2. Sunset factors pursuant to A.R.S. § 41-2954, subsection F.
3. Meeting Notice.
4. Minutes of Committee of Reference Meeting.
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JOHN B. NELSON
1700 WEST WASHINGTON, SUITE H
PHOENIX, ARIZONA 85007-2844
CAPITOL PHONE: (602) 926-5872
CAPITOL FAX: (602) 417-3112
TOLL FREE: 1-800-352-8404
jnelson@azleg.stale.az.us
DISTRICT 12
September 23, 2005
Arizona State Parks
Arizona Outdoor Recreation Council
Acting Director Jeff Bell
1300 W. Washington
Phoenix, Arizona 85007
Dear Director Bell,
COMM1TIEES:
COUNTIES, MUNICIPALITIES AND
MILITARY AFFAIRS, CHAIRMAN
GOVERNMENT REFORM AND
GOVERNMENT FINANCE
ACCOUNTABILITY
NATURAL RESOURCES AND
AGRICULTURE
TRANSPORTATION
The sunset review process prescribed in Title 41, Chapter 27, Arizona Revised Statutes,
provides a system for the Legislature to evaluate the need to continue the existence of state
agencies. During the sunset review process, an agency is reviewed by a legislative committee of
reference. On completion of the sunset review, the committee of reference recommends to
continue, revise, consolidate, or terminate the agency.
The Joint Legislative Audit Committee (JLAC) has assigned the sunset review of the
Arizona Outdoor Recreation Council comprised of members of the House Counties,
Municipalities, and Military Affairs Committee and the Senate Natural Resources and Rural
Affairs Committee
Pursuant to A.R.S. §41-2954, the committee of reference is required to consider certain
factors in deciding whether to recommend continuance, modification or termination of an
agency. Please provide your response to those factors as provided below:
1. The objective and purpose in establishing the agency.
2. The effectiveness with which the agency has met its objective and purpose and the efficiency
with which it has operated.
3. The extent to which the agency has operated within the public interest.
4. The extent to which rules adopted by the agency are consistent with the legislative mandate.
5. The extent to which the agency has encouraged input from the public before adopting its
rules and the extent to which it has informed the public as to its actions and their expected
impact on the public.
6. The extent to which the agency has been able to investigate and resolve complaints that are
within its jurisdiction.
7. The extent to which the Attorney General or any other applicable agency of state government
has the authority to prosecute actions under the enabling legislation.
8. The extent to which agencies have addressed deficiencies in their enabling statutes which
prevent them from fulfilling their statutory mandate.
9. The extent to which changes are necessary in the laws of the agency to adequately comply
with the factors listed in this subsection.
10. The extent to which the termination of the agency would significantly harm the public health,
safety or welfare.
11. The extent to which the level of regulation exercised by the agency is appropriate and
whether less or more stringent levels of regulation would be appropriate.
12. The extent to which the agency has used private contractors in the performance of its duties
and how effective use of private contractors could be accomplished.
Additionally, please provide written responses to the following:
1. An identification of the problem or the needs that the agency is intended to address.
2. A statement, to the extent practicable, in quantitative and qualitative terms, of the objectives
of such agency and its anticipated accomplishments.
3. An identification of any other agencies having similar, conflicting or duplicate objectives,
and an explanation of the manner in which the agency avoids duplication or conflict with
other such agencies.
4. An assessment of the consequences of eliminating the agency or of consolidating it with
another agency.
In addition to responding to the factors in A.R.S. §41-2954, please provide the committee
of reference with copies of minutes from your meetings for the current fiscal year and your most
recent annual report. Your response should be received by September 15th so we may proceed
with the sunset review and schedule the required public hearing. Please submit the requested
information to: Todd Sanders, Arizona House of Representatives, Legislative Research Analyst,
1700 West Washington, Phoenix, Arizona 85007.
Thank you for your cooperation. If you have any questions, please feel free to contact me
at (602) 926-4583 or Mr. Sanders at (602) 926-3705.
Sincerely,
John Nelson
State Representative
Chairman, Counties, Municipalities, and Military Affairs Committee
Cc. Mr. Jay Ziemann, Assistant Director
SUNSET FACTORS
1. Objective and purpose in establishing the Agency.
The Arizona Outdoor Recreation Coordinating Commission (AGRCC)
was established as a stand-alone agency by the legislature in 1965, in
response to the Federal Land and Water Conservation Act (Public Law 88­578)
of 1965. AGRCC was responsible for planning coordinating and
administering Arizona's outdoor recreation program. Following an
Auditor General's report in 1984 (84-3), AGRCC was melded with Arizona
State Parks. Since the mid-1980s, AGRCC has served as an advisory body
to the State Parks Board (Board).
2. The effectiveness with which the Agency has met its objectives and
purposes and the efficiency with which the Agency has operated.
Every year, AGRCC reviews and makes recommendations to the Board on
the priorities and expenditure of grant funds from the Heritage Fund
(A.R.S.§ 41-501 - § 41-504), State Lake Improvement Fund (A.R.S.§ 5-382),
Law Enforcement Boating Safety Fund (A.R.S.§ 5-383), and the Federal
Land and Water Conservation Fund. (A copy of the grant awards for each
grant program from 1996-2006 is attached.)
AGRCC also reviews and makes recommendations to the Board on major,
statewide recreational planning efforts. The most recent Arizona
Statewide Comprehensive Outdoor Recreation Plan (2003), and the
Arizona Statewide Motorized and Nonrnotorized Trails Plan (2005), are
attached.
3. The extent to which the AgencY has operated within the public interest.
The most obvious beneficiaries of AGRCes efforts are the communities
throughout the state which receive grants to enhance their cultural and
recreational resources.
4. The extent to which rules and regulations promulgated by the Agency
are consistent with the legislative mandate.
As an advisory body, AGRCC does not promulgate rules. State Parks has
the requisite authority to promulgate rules, and those drafted are
consistent with legislative mandate and intent.
5. The extent to which the Agency has encouraged input from the public
before promulgating its rules and regulations and the extent to which it
has informed the public as to its actions and their expected impact on
the public.
Arizona State Parks values public involvement, and AGRCC is a key
component to those efforts. AGRCC members have resided in virtually
every corner of the state (a list of AGRCC members who have served
between 1996-2006 is attached). They have brought a high level of
expertise and commitment to public service that the Board relies upon.
In addition to its advisory committees such as AORCC, Arizona State
Parks engages the public through a variety of methods including: press
releases, advertisements in local newspapers and magazines, formally
posting meeting agendas, and a web page on the internet
(http://www.azstateparks.com). Finally, the Board's meetings are open
to the public, and have been held regularly in communities around the
state.
6. The extent to which the Agency has been able to investigate and resolve
complaints that are within its jurisdiction.
Most of the disputes that AGRCC deals with are between competing grant
applicants seeking limited grant dollars. A protocol to deal with
differences of opinion was established between AGRCC and the Parks
Board (November 1994), and this formal process has worked very well.
Additionally, State Parks has a designated ombudsman who is authorized
to respond, investigate and resolve the public's complaints within the
framework of state law. Fortunately, the agency has received very few
formal complaints. The agency's disciplinary options for employees are in
conformance with the Department of Administration rules.
7. The extent to which the Attorney General or any other applicable
agency of State government has the authority to prosecute actions under
enabling legislation.
Neither AGRCC or Arizona State Parks is a regulatory agency.
8. The extent to which the Agency has addressed deficiencies in the
enabling legislation which prevent it from fulfilling its statutory
mandate.
As an advisory body, AGRCC does not directly seek legislative changes to
the statutes.
9. The extent to which changes are necessary in the laws of the Agency to
adequately comply with the factors listed in the Sunset laws.
There are none identified at this time.
10. The extent to which the termination of the Agency would significantly
harm the public health, safety or welfare.
The Board relies heavily upon the service and expertise of the AORCC
members. Their efforts have resulted in model planning efforts and
exemplary grant programs.
11. The extent to which the level of regulation exercised by the agency is
appropriate and whether less or more stringent levels of regulation
would be appropriate.
Arizona State Parks is not a regulatory agency.
12. The extent to which the Agency has used private contractors in the
performance of its duties and how effective use of private contractors
could be accomplished.
It is not necessary for AORCC to use contractors to do its work. State
Parks utilizes private contractors whenever appropriate and cost effective.
Additionally...
1. An identification of the problem or the needs that the agency is
intended to address.
The Arizona State Parks Board is called upon in statute to provide
recreational opportunities for the benefit of the people of Arizona. The
Board accomplishes that goal through the management of its park
facilities, and through the grant programs it administers, which enables
other entities to provide recreational and educational venues for the
public. AORCC provides critical recreation management expertise, and a
valuable link to State Parks' partners through the various grant programs.
2. A statement, to the extent practicable, in quantitative and qualitative
terms, of the objectives, of such agency and its anticipated
accomplishments.
See attached charts of grant awards between 1996-2006.
3. An identification of any other agencies having similar, conflicting or
duplicative objectives, and an explanation of the manner in which the
agency avoids duplication or conflict with other such agencies.
State Parks utilizes other advisory committees to help with other grant
programs (e.g. Historic Preservation, Natural Areas). But the members of
those committees have knowledge and expertise specifically related to
their programs, just a s AGRees expertise is related to public recreation.
4. An assessment of the consequences of eliminating the agency of
consolidating it with another agency.
AGRees role is critical in allowing the Board to make wise decisions on
grant priorities and expenditures, as well as statewide recreation
planning.
Format Document Page 1 of 1
Interim agendas can be obtained via the Internet at http://www.azleg.state.az.us/lnterimCommittees.asp
ARIZONA STATE LEGISLATURE
INTERIM MEETING NOTICE
OPEN TO THE PUBLIC
SENATE NATURAL RESOURCES AND RURAL AFFAIRS COMMITTEE AND HOUSE OF
REPRESENTATIVES GOVERNMENT REFORM AND GOVERNMENT FINANCE ACCOUNTABILITY
COMMITTEE OF REFERENCE
FOR THE SUNSET REVIEW OF
THE ARIZONA OUTDOOR RECREATION COORDINATING COMMISSION
Date:
Time:
Place:
Tuesday, December 5,2006
9:00 A.M.
HHR3
AGENDA
1. Call to Order
2. Opening Remarks
3. Presentation
4. Public Testimony
5. Discussion
6. Recommendations by Committee of Reference
7. Adjourn
Members:
Senator Jake Flake, Co-Chair
Senator Marsha Arzberger
Senator Tim Bee
Senator Robert Blendu
Senator Robert Cannell
11/30106
jmb
Representative Bill Konopnicki, Co-Chair
Representative Kirk Adams
Representative Ted Downing
Representative Phil Lopes
Representative John McComish
People with disabilities may request reasonable accommodations such as interpreters, alternativ
formats, or assistance with physical accessibility. If you require accommodations, please contact th
Chief Clerk's Office at (602) 926-3032, TOO (602) 926-3241.
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rUITnal LJUCUmenl
ARIZONA STATE LEGISLATURE
Page 1 of2
SENATE NATURAL RESOURCES AND RURAL AFFAIRS COMMITTEE AND HOUSE
OF REPRESENTATIVES GOVERNMENT REFORM AND GOVERNMENT FINANCE
ACCOUNTABILITY COMMITTEE OF REFERENCE FOR THE SUNSET REVIEW OF
THE ARIZONA OUTDOOR RECREATION COORDINATING COMMISSION
Minutes of the Meeting
Tuesday, December 5,2006
9:00 a.m., House Hearing Room 3
Members Present:
Senator Jake Flake, Co-Chair
Senator Marsha Arzberger
Senator Robert Blendu
Members Absent:
Senator Tim Bee
Senator Robert Cannell
Representative Bill Konopnicki, Co-Chair
Representative Kirk Adams
Representative Ted Downing
Representative Phil Lopes
Representative John McComish
Staff:
Steve Moortel, House Government Research Analyst
Co-chairman Konopnicki called the meeting to order at 9: 15 a.m. and attendance was noted.
Recess
Representative Konopnicki announced that due to a lack of a quorum, the Committee would recess unt
2:00 p.m.
Reconvene
Co-chairman Flake reconvened the meeting at 2:06 p.m. and attendance was noted. He stated that thi
Committee met earlier in the day without a quorum and now a quorum was present.
Opening Remarks
Steve Moortel, House Government Research Analyst, gave the charge of this Committee c
Reference. He explained that the Arizona Outdoor Recreation Coordinating Commission had met severe
times but was not able to produce a quorum. He added that the Commission's Director was i
attendance to answer any questions that might be posed by the Committee.
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Senator Blendu moved that the Committee recommend a ten year continuation for
the Arizona Outdoor Recreation Coordinating Commission. The motion carried by
voice vote.
There being no further business, the meeting was adjourned at 2:08 p.m.
Respectfully submitted,
Jeff Turner
Committee Secretary
(Tapes and attachments on file in the Secretary of the Senate's Office/Resource Center, Room 115.)
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NRRA Committee and House Government Reform
. And Government Finance Accountability COR for the
Sunset Review of the AORCC
December 5, 2006
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