HB2420 - 551R - I Ver

 

 

 

REFERENCE TITLE: law enforcement budget; reduction; certification

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HB 2420

 

Introduced by

Representatives Carroll: Wilmeth

 

 

AN ACT

 

amending title 9, chapter 4, article 8, arizona revised statutes, by adding section 9-500.48; amending title 11, chapter 2, article 4, arizona revised statutes, by adding section 11-269.27; amending sections 42-5029 and 43-206, arizona revised statutes; relating to law enforcement.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section  1.    Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.48, to read:

START_STATUTE9-500.48.    Law enforcement agency budget; reduction; certification; definition

A.    on or before october 15 of each year, a city or town shall certify in writing to each state agency through which the city or town receives any state monies that there has been no disproportionate funding reductions to the city's or town's law enforcement agency.

b.    the certification must include a statement that any reduction in funding or proposed funding to the law enforcement agency is a result of reduced revenue collection and the reduction in law enforcement agency funding is proportionate to the reduction in revenue.   a reduction in law enforcement agency funding is considered proportionate if the portion of the city's or town's total budget allocated to the law enforcement agency, expressed as a percentage, remains within three percentage points of the percentage decrease in total revenue from the previous fiscal year.

c.    a city or town that has disproportionately reduced its law enforcement agency funding is not eligible to receive state shared monies pursuant to section 42-5029, subsection m and section 43-206, subsection  g.    the state treasurer shall continue to withhold state shared monies until CERTIFICATION from the city or town that the reduction in the law enforcement agency's budget has been restored to a proportionate amount as prescribed by subsection B of this section.

d.    for the purposes of this section, "law enforcement agency" means a municipal police department. END_STATUTE

Sec.  2.    Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.27, to read:

START_STATUTE11-269.27.    Law enforcement agency budget; reduction; certification; definition

A.    on or before   october 15 of each year, a county shall certify in writing to each state agency through which the county receives any state monies that there has been no disproportionate funding reductions to the county's law enforcement agency.

b.    the certification must include a statement that any reduction in funding or proposed funding is a result of reduced revenue collection and the reduction in law enforcement agency funding is proportionate to the reduction in revenue.   a reduction in law enforcement agency funding is considered proportionate if the portion of the county's total budget allocated to the law enforcement agency, expressed as a percentage, remains within three percentage points of the percentage decrease in total revenue from the previous fiscal year.

c.    a county that has disproportionately reduced its law enforcement agency funding is not eligible to receive state shared monies pursuant to section 42-5029, subsection m.   the state treasurer shall continue to withhold state shared monies until CERTIFICATION from the county that the reduction in the law enforcement agency's budget has been restored to a proportionate amount as prescribed by subsection B of this section.

d.    for the purposes of this section, "law enforcement agency" means a county sheriff's department. END_STATUTE

Sec.  3.    Section 42-5029, Arizona Revised Statutes, is amended to read:

START_STATUTE42-5029.    Remission and distribution of monies; withholding; definitions

A.    The department shall deposit, pursuant to sections 35   146 and 35   147, all revenues collected under this article and articles 4, 5 and 8 of this chapter pursuant to section 42   1116, separately accounting for:

1.    Payments of estimated tax under section 42   5014, subsection D.

2.    Revenues collected pursuant to section 42   5070.

3.    Revenues collected under this article and article 5 of this chapter from and after June 30, 2000 from sources located on Indian reservations in this state.

4.    Revenues collected pursuant to section 42   5010, subsection G and section 42   5155, subsection D.

5.    Revenues collected pursuant to section 42   5010.01 and section 42   5155, subsection E.

B.    The department shall credit payments of estimated tax to an estimated tax clearing account and each month shall transfer all monies in the estimated tax clearing account to a fund designated as the transaction privilege and severance tax clearing account.   The department shall credit all other payments to the transaction privilege and severance tax clearing account, separately accounting for the monies designated as distribution base under sections 42   5010, 42   5164 and 42   5205.    Each month the department shall report to the state treasurer the amount of monies collected pursuant to this article and articles 4, 5 and 8 of this chapter.

C.    On notification by the department, the state treasurer shall distribute the monies deposited in the transaction privilege and severance tax clearing account in the manner prescribed by this section and by sections 42   5164 and 42   5205, after deducting warrants drawn against the account pursuant to sections 42   1118 and 42   1254.

D.    Of the monies designated as distribution base, and subject to the requirements of section 42   5041, the department shall:

1.    Pay twenty   five percent to the various incorporated municipalities in this state in proportion to their population to be used by the municipalities for any municipal purpose.

2.    Pay 38.08 percent to the counties in this state by averaging the following proportions:

(a)    The proportion that the population of each county bears to the total state population.

(b)    The proportion that the distribution base monies collected during the calendar month in each county under this article, section 42   5164, subsection B and section 42   5205, subsection B bear to the total distribution base monies collected under this article, section 42   5164, subsection B and section 42   5205, subsection B throughout the state for the calendar month.

3.    Pay an additional 2.43 percent to the counties in this state as follows:

(a)    Average the following proportions:

(i)    The proportion that the assessed valuation used to determine secondary property taxes of each county, after deducting that part of the assessed valuation that is exempt from taxation at the beginning of the month for which the amount is to be paid, bears to the total assessed valuations used to determine secondary property taxes of all the counties after deducting that portion of the assessed valuations that is exempt from taxation at the beginning of the month for which the amount is to be paid.   Property of a city or town that is not within or contiguous to the municipal corporate boundaries and from which water is or may be withdrawn or diverted and transported for use on other property is considered to be taxable property in the county for purposes of determining assessed valuation in the county under this item.

(ii)    The proportion that the distribution base monies collected during the calendar month in each county under this article, section 42   5164, subsection B and section 42   5205, subsection B bear to the total distribution base monies collected under this article, section 42   5164, subsection B and section 42   5205, subsection B throughout the state for the calendar month.

(b)    If the proportion computed under subdivision (a) of this paragraph for any county is greater than the proportion computed under paragraph 2 of this subsection, the department shall compute the difference between the amount distributed to that county under paragraph 2 of this subsection and the amount that would have been distributed under paragraph 2 of this subsection using the proportion computed under subdivision (a) of this paragraph and shall pay that difference to the county from the amount available for distribution under this paragraph. Any monies remaining after all payments under this subdivision shall be distributed among the counties according to the proportions computed under paragraph 2 of this subsection.

4.    After any distributions required by sections 42   5030, 42   5030.01, 42   5031, 42   5032, 42   5032.01 and 42   5032.02, and after making any transfer to the water quality assurance revolving fund as required by section 49   282, subsection B, credit the remainder of the monies designated as distribution base to the state general fund.    From this amount the legislature shall annually appropriate to:

(a)    The department of revenue sufficient monies to administer and enforce this article and articles 5 and 8 of this chapter.

(b)    The department of economic security monies to be used for the purposes stated in title 46, chapter 1.

(c)    The firearms safety and ranges fund established by section 17   273, fifty thousand dollars $50,000 derived from the taxes collected from the retail classification pursuant to section 42   5061 for the current fiscal year.

E.    If approved by the qualified electors voting at a statewide general election, all monies collected pursuant to section 42   5010, subsection G and section 42   5155, subsection D shall be distributed each fiscal year pursuant to this subsection.    The monies distributed pursuant to this subsection are in addition to any other appropriation, transfer or other allocation of public or private monies from any other source and shall not supplant, replace or cause a reduction in other school district, charter school, university or community college funding sources.    The monies shall be distributed as follows:

1.    If there are outstanding state school facilities revenue bonds pursuant to title 15, chapter 16, article 7, each month one   twelfth of the amount that is necessary to pay the fiscal year's debt service on outstanding state school improvement revenue bonds for the current fiscal year shall be transferred each month to the school improvement revenue bond debt service fund established by section 15   2084.    The total amount of bonds for which these monies may be allocated for the payment of debt service shall not exceed a principal amount of eight hundred million dollars exclusive of refunding bonds and other refinancing obligations.

2.    After any transfer of monies pursuant to paragraph 1 of this subsection, twelve per cent of the remaining monies collected during the preceding month shall be transferred to the technology and research initiative fund established by section 15   1648 to be distributed among the universities for the purpose of investment in technology and research   based initiatives.

3.    After the transfer of monies pursuant to paragraph 1 of this subsection, three per cent of the remaining monies collected during the preceding month shall be transferred to the workforce development account established in each community college district pursuant to section 15   1472 for the purpose of investment in workforce development programs.

4.    After transferring monies pursuant to paragraphs 1, 2 and 3 of this subsection, one   twelfth of the amount a community college that is owned, operated or chartered by a qualifying Indian tribe on its own Indian reservation would receive pursuant to section 15   1472, subsection D, paragraph 2 if it were a community college district shall be distributed each month to the treasurer or other designated depository of a qualifying Indian tribe.   Monies distributed pursuant to this paragraph are for the exclusive purpose of providing support to one or more community colleges owned, operated or chartered by a qualifying Indian tribe and shall be used in a manner consistent with section 15   1472, subsection B.    For the purposes of this paragraph, "qualifying Indian tribe" has the same meaning as defined in section 42   5031.01, subsection  D.

5.    After transferring monies pursuant to paragraphs 1, 2 and 3 of this subsection, one   twelfth of the following amounts shall be transferred each month to the department of education for the increased cost of basic state aid under section 15   971 due to added school days and associated teacher salary increases enacted in 2000:

(a)    In fiscal year 2001   2002, $15,305,900.

(b)    In fiscal year 2002   2003, $31,530,100.

(c)    In fiscal year 2003   2004, $48,727,700.

(d)    In fiscal year 2004   2005, $66,957,200.

(e)    In fiscal year 2005   2006 and each fiscal year thereafter, $86,280,500.

6.    After transferring monies pursuant to paragraphs 1, 2 and 3 of this subsection, seven million eight hundred thousand dollars is appropriated each fiscal year, to be paid in monthly installments, to the department of education to be used for school safety as provided in section 15   154 and two hundred thousand dollars is appropriated each fiscal year, to be paid in monthly installments to the department of education to be used for the character education matching grant program as provided in section 15   154.01.

7.    After transferring monies pursuant to paragraphs 1, 2 and 3 of this subsection, no more than seven million dollars may be appropriated by the legislature each fiscal year to the department of education to be used for accountability purposes as described in section 15   241 and title 15, chapter 9, article 8.

8.      After t