Bill Text: AZ HB2718 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Public safety equipment fund; appropriation
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2011-04-14 - Senate Committee of the Whole action: Do Pass Amended [HB2718 Detail]
Download: Arizona-2011-HB2718-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2718 |
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AN ACT
amending sections 11-539 and 11-588, Arizona Revised Statutes; amending section 41-1724, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 20; amending sections 41-2409 and 41-2421, Arizona Revised Statutes; making an appropriation; relating to the purchase of equipment and supplies for county deputies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-539, Arizona Revised Statutes, is amended to read:
11-539. State aid to county attorneys fund
A. The state aid to county attorneys fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41‑2421, subsections B and J. The purpose of the fund is to provide state aid to county attorneys for the processing of criminal cases.
B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate fund monies to each county pursuant to section 41‑2409, subsection A.
C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997‑1998 by the counties for the processing of criminal cases by county attorneys.
D. Monies in the state aid to county attorneys fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations and monies allocated pursuant to section 41‑2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.
E. On notice from the commission, 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.
Sec. 2. Section 11-588, Arizona Revised Statutes, is amended to read:
11-588. State aid to indigent defense fund
A. The state aid to indigent defense fund is established consisting of monies appropriated to the fund and monies allocated to the fund pursuant to section 41‑2421, subsections B and J. The purpose of the fund is to provide state aid to the county public defender, legal defender and contract indigent defense counsel for the processing of criminal cases.
B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate monies in the fund to each county pursuant to section 41‑2409, subsection C.
C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997‑1998 by counties for the processing of criminal cases by the county public defender, legal defender and contract indigent defense counsel in each county.
D. Monies in the state aid to indigent defense fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations and monies allocated pursuant to section 41‑2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.
E. On notice from the commission, 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.
Sec. 3. Section 41-1724, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 20, is amended to read:
41-1724. Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirement
A. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11‑1051 and monies appropriated by the legislature. The department shall administer the fund. Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the fund are subject to legislative appropriation.
B. Monies in the fund shall be used for employer sanctions enforcement, enforcing human smuggling and drug smuggling laws, gang and strict immigration enforcement, including border security and border personnel, county jail reimbursement costs relating to illegal immigration and any other use previously authorized in an allocation made by law for the gang and immigration intelligence team enforcement mission.
C. Each year that monies are available in the fund the first one million six hundred thousand dollars shall be allocated to a county sheriff of a county with a population of more than three million persons, then five hundred thousand dollars shall be allocated to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons and any remaining monies shall be used for agreements or contracts in accordance with subsection D of this section.
D. If the department uses monies from the fund for an agreement or contract with a city, town, county or other entity to provide services for the gang and immigration intelligence team enforcement mission, the city, town, county or other entity shall provide not less than twenty-five per cent of the cost of the services and the department shall provide not more than seventy-five per cent of personal services and employee related expenditures for each agreement or contract but may fund all capital related equipment. This subsection does not apply to a county with a population of more than three million persons or a county with a population of less than five hundred thousand persons but more than three hundred thousand persons.
E. A county official in a county with a population of more than five hundred thousand persons but less than two million persons shall not receive any monies from the gang and immigration intelligence team enforcement mission fund.
F. A law enforcement agency shall not receive any monies from the fund unless the law enforcement agency certifies each fiscal year in writing to the director of the department of public safety that the law enforcement agency is complying with section 11‑1051 to the fullest extent allowed by law.
G. The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 41-2421 and monies appropriated by the legislature. The department shall administer the fund. Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the subaccount are subject to legislative appropriation. Monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel.
G. H. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing.
Sec. 4. Section 41-2409, Arizona Revised Statutes, is amended to read:
41-2409. State aid; administration
A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11‑539. By September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula:
1. The three year average of the total felony filings in the superior court in the county, divided by the statewide three year average of the total felony filings in the superior court.
2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security.
3. The sum of paragraphs 1 and 2 divided by two equals the composite index.
4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41‑2421.
B. The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11‑539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11‑539.
C. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11‑588. By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula:
1. The three year average of the total felony filings in the superior court in the county divided by the statewide three year average of the total felony filings in the superior court.
2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security.
3. The sum of paragraphs 1 and 2 divided by two equals the composite index.
4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41‑2421.
D. The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11‑588. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11‑588.
E. By January 8, 2001 and by January 8 each year thereafter, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing.END_STATUTE
Sec. 5. Section 41-2421, Arizona Revised Statutes, is amended to read:
41-2421. Enhanced collections; allocation of monies; criminal justice entities
A. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the supreme court and the court of appeals for the payment of filing fees, including clerk fees, diversion fees, fines, penalties, surcharges, sanctions and forfeitures, shall be deposited, pursuant to sections 35‑146 and 35‑147, and allocated pursuant to the formula in subsection B of this section. This subsection does not apply to monies collected by the courts pursuant to section 16‑954, subsection C, or for child support, restitution or exonerated bonds.
B. The monies deposited pursuant to subsection A of this section shall be allocated according to the following formula:
1. 21.61 42.14 per cent to the state aid to county attorneys fund gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 11‑539 41-1724.
2. 20.53 per cent to the state aid to indigent defense fund established by section 11‑588.
3. 2. 57.37 per cent to the state aid to the courts fund established by section 12‑102.02.
4. 3. 0.49 per cent to the department of law for the processing of criminal cases.
C. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the superior court, including the clerk of the court and the justice courts in each county for the payment of filing fees, including clerk fees, diversion fees, adult and juvenile probation fees, juvenile monetary assessments, fines, penalties, surcharges, sanctions and forfeitures, shall be transmitted to the county treasurer for allocation pursuant to subsections E, F, G and H of this section. This subsection does not apply to monies collected by the courts pursuant to section 16‑954, subsection C or for child support, restitution or exonerated bonds.
D. The supreme court shall adopt guidelines regarding the collection of revenues pursuant to subsections A and C.
E. The county treasurer shall allocate the monies deposited pursuant to subsection C of this section according to the following formula:
1. 21.61 per cent for the purposes specified in section 11‑539.
2. 20.53 per cent for the purposes specified in section 11‑588.
3. 57.37 per cent to the local courts assistance fund established by section 12‑102.03.
4. 0.49 per cent to the state treasurer for transmittal to the department of law for the processing of criminal cases.
F. The board of supervisors in each county shall separately account for all monies received pursuant to subsections C and E of this section and expenditures of these monies may be made only after the requirements of subsections G and H of this section have been met.
G. By December 1 of each year each county board of supervisors shall certify if the total revenues received by the justice courts and the superior court, including the clerk of the superior court, exceed the amount received in fiscal year 1997‑1998. If the board so certifies, then the board shall distribute the lesser of either:
1. The total amount deposited pursuant to subsection C of this section.
2. The amount collected and deposited pursuant to subsection C of this section that exceeds the base year collections of fiscal year 1997‑1998. These monies shall be distributed according to the formula specified in subsection E of this section. Any monies remaining after this allocation shall be transmitted as otherwise provided by law.
H. If a county board of supervisors determines that the total revenues transmitted by the superior court, including the clerk of the superior court and the justice courts in the county, do not equal the base year collections transmitted in fiscal year 1997‑1998 the monies specified in subsection C of this section shall be transmitted by the county treasurer as otherwise provided by law.
I. For the purposes of this section, base year collections shall be those collections specified in subsection C of this section.
J. Monies collected pursuant to section 12‑116.01, subsection B shall be allocated as follows:
1. 15.44 30.10 per cent to the state aid to county attorneys fund gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 11‑539 41-1724.
2. 14.66 per cent to the state aid to indigent defense fund established by section 11‑588.
3. 2. 40.97 per cent to the state aid to the courts fund established by section 12‑102.02.
4. 3. 0.35 per cent to the department of law for the processing of criminal cases.
5. 4. 14.29 per cent to the Arizona criminal justice commission for distribution to state, county and municipal law enforcement full service forensic crime laboratories pursuant to rules adopted by the Arizona criminal justice commission.
6. 5. 14.29 per cent to the supreme court for allocation to the municipal courts pursuant to subsection K of this section.
K. The supreme court shall administer and allocate the monies received pursuant to subsection J, paragraph 6 5 of this section to the municipal courts based on the total amount of penalty assessments transmitted pursuant to section 12‑116.01 by that jurisdiction's city treasurer to the state treasurer for the prior fiscal year divided by the total amount of penalty assessments transmitted to the state treasurer pursuant to section 12‑116.01 by all city treasurers statewide for the prior fiscal year. The municipal court shall use the monies received to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice. The municipal court shall submit a plan to the supreme court and the supreme court shall approve the plan before the municipal court begins to spend these allocated monies.
Sec. 6. Arizona criminal justice commission; appropriation reductions; 2011-2012
In addition to any other appropriation reductions or fund transfers made in fiscal year 2011-2012, notwithstanding any other law, the appropriation to the Arizona criminal justice commission is reduced by $973,600 from the state aid to county attorneys fund and $700,300 from the state aid to indigent defense fund in fiscal year 2011-2012.
Sec. 7. Appropriation; border security
The sum of $1,673,900 is appropriated from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, as amended by this act, in fiscal year 2011‑2012 to the department of public safety to be used by the department of public safety to enter into a memorandum of understanding with a county with a population of more than three hundred thousand persons but less than five hundred thousand persons to purchase equipment and supplies for deputies in the county for border security. On or before June 30, 2012, the department of public safety shall report to the joint legislative budget committee regarding the use of these monies.
Sec. 8. Short title
This act shall be known as the "Border Crime Unit Act".
