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REFERENCE TITLE: collection enforcement revolving fund; monies |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2204 |
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Introduced by Representative Lujan
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AN ACT
amending section 41-191.03, Arizona Revised Statutes; relating to the collection ENFORCEMENT revolving fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-191.03, Arizona Revised Statutes, is amended to read:
41-191.03. Collection enforcement revolving fund; disposition of monies
A. A The collection enforcement revolving fund is established for the purpose of collecting debts owed to the state. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.
B. The attorney general may:
1. Expend Spend from the collection enforcement revolving fund such monies as are necessary for the collection of debts owed to the this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.
2. Use monies in the collection enforcement revolving fund for any operating expenses incurred by the department of law.
C. Thirty‑five per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund, except that if the attorney general retains outside counsel for the collection of a debt, the thirty-five per cent amount to be deposited pursuant to this section shall be reduced by the amount of attorney fees retained by the outside counsel.
D. Sixty‑five per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be distributed as follows:
1. Those monies which that are directly attributable to a fund containing monies which that do not revert to the state general fund at the end of the fiscal year shall be deposited, pursuant to sections 35‑146 and 35‑147, in that fund.
2. All other monies shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
E. Monies in the collection enforcement revolving fund are exempt from the lapsing provisions of section 35‑190, except that monies remaining in the fund at the end of each fiscal year in excess of one hundred thousand dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to subsection D of this section. Such distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited into the funds during the fiscal year.
F. Notwithstanding anything in subsections B through E of this section, monies due and owing pursuant to section 12‑116.01 and collected by the attorney general shall be distributed as follows:
1. Twenty per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.
2. Eighty per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the criminal justice enhancement fund, established by section 41‑2401.