SB1005 - 511S

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

Section 1. Section 22-117, Arizona Revised Statutes, is amended to read:

START_STATUTE22-117. Payment of compensation and expenses

A. Justices of the peace shall be allowed by the board of supervisors, as a county charge, office rent, stationery, telephone and lights.

B. In a county with a population of less than one million five hundred thousand persons, the state shall pay 19.25 per cent of the compensation and employee related expenditures of a justice of the peace, and the county shall pay 80.75 per cent of the compensation and employee related expenditures of a justice of the peace, except that the county shall pay the full amount of the employer contribution of the state retirement system or plan or any county health plan.

C. If a county is subject to subsection B of this section, the state treasurer shall remit the compensation and employee related expenditures payable by the state to the county treasurer, and the county shall disburse the funds to the justice of the peace.

D. In a county with a population of one million five hundred thousand persons or more, the county shall pay one hundred per cent of the compensation and employee related expenditures of a justice of the peace.

E. If a county is subject to subsection D of this section, the following apply:

1. Beginning in fiscal year 2007‑2008, The county's contribution to the hospitalization and medical care of the indigent sick and for the administrative costs of implementing sections 36‑2901.01 and 36‑2901.04 shall be reduced pursuant to section 11‑292, subsection R, in an amount that is equal to the difference between the total costs that the county paid pursuant to subsection D of this section and the amount that the county would have paid if the county were subject to subsection B of this section.

2. Pursuant to section 41‑563, subsection D and beginning in fiscal year 2007‑2008, the economic estimates commission shall increase the county's base expenditure limit in an amount that is equal to the difference between the total costs that the county paid pursuant to subsection D of this section and the amount that the county would have paid if the county were subject to subsection B of this section.

F. Before the state treasurer remits any monies to the county treasurer pursuant to subsections B and C of this section, the county shall submit a report to the state treasurer that specifies the total amount and types of cases by category and the amount of earned judicial productivity credits for all justices of the peace in the county. The total amount that may be expended in any fiscal year by the state treasurer for justice of the peace compensation and employee related expenditures reimbursement shall not exceed the amount appropriated in the general appropriation act for this purpose, together with additional amounts appropriated by any special legislative appropriation for justices of the peace. END_STATUTE

Sec. 2. Section 31-401, Arizona Revised Statutes, is amended to read:

START_STATUTE31-401. Board of executive clemency; qualifications; appointment; officers; quorum; meeting

A. The board of executive clemency is established consisting of five members who are appointed by the governor pursuant to this subsection and section 38‑211.

B. The members of the board shall serve on a full‑time basis and the compensation of members shall be as determined pursuant to section 38‑611 be compensated on an hourly basis and are not eligible for paid leave or any benefits that are provided to state employees pursuant to section 38-651. a member who is acting as the executive director shall be compensated pursuant to subsection K of this section. Each member shall be appointed on the basis of broad professional or educational qualifications and experience and shall have demonstrated an interest in the state's correctional program. No more than two members from the same professional discipline shall be members of the board at the same time.

C. Each member appointed to the board shall complete a four week course relating to the duties and activities of the board. The course shall be designed and administered by the chairman of the board and shall be conducted by the office of the board of executive clemency and the office of the attorney general. The course shall include training in all statutes that pertain to the board and participation in a decision making workshop.

D. Members shall be appointed for a term of five years to expire on the third Monday in January of the appropriate year.

E. A member of the board may be removed by the governor for cause.

F. The governor shall select a member of the board as chairman. The chairman shall select other officers as are advisable. The term of the chairman is two years, except that the chairman may be removed as chairman at the pleasure of the governor. If a board member's term expires while the member is serving as chairman, the chair shall be deemed vacant and a new chairman shall be selected.

G. The board may adopt rules, not inconsistent with law, as it deems proper for the conduct of its business. The board may from time to time amend or change the rules and publish and distribute the rules as provided by the administrative procedures act.

H. The board shall meet at least once a month at the state prison and at other times or places as the board deems necessary.

I. The presence of three members of the board constitutes a quorum, except that the chairman may designate that the presence of two members of the board constitutes a quorum.

J. If two members of the board constitute a quorum pursuant to subsection I of this section and the two members do not concur on the action under consideration, the chairman of the board, if the chairman is not one of the members who constituted the quorum and after reviewing the information considered by the two members, shall cast the deciding vote. If the chairman of the board is one of the two members constituting a quorum at a hearing under subsection I of this section, and there is not concurrence on the action under consideration, the action fails.

K. The board shall employ an executive director whose compensation shall be determined pursuant to section 38‑611. The chairman of the board may act as the executive director. END_STATUTE

Sec. 3. Section 41-191.03, Arizona Revised Statutes, is amended to read:

START_STATUTE41-191.03. Collection enforcement revolving fund; disposition of monies

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 expend from the collection enforcement revolving fund such monies as are necessary for operating expenses incurred by the department of law and the collection of debts owed to this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.

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.

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 that are directly attributable to a fund containing monies 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 five 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. END_STATUTE

Sec. 4. Section 41-797, Arizona Revised Statutes, is amended to read:

START_STATUTE41-797. Department of corrections building renewal fund

A. The department of corrections building renewal fund is established consisting of monies deposited pursuant to section 31‑230, section 41‑1604, subsection B, paragraph 3, and sections 41‑1604.02, 41‑1604.03 and 41‑1624 and section 41-1641, subsection E. The director of the state department of corrections shall administer the fund. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

B. The director of the state department of corrections shall use the monies in the fund for building renewal projects that repair or rework buildings and supporting infrastructure that are under the control of the state department of corrections and that result in maintaining a building's expected useful life. Monies in the fund may not be used for new building additions, new infrastructure additions, landscaping and area beautification, demolition and removal of a building and, except as provided in subsection C of this section, routine preventive maintenance.

C. The director of the state department of corrections may use up to eight per cent of the annual expenditures from the fund for routine preventive maintenance. END_STATUTE

Sec. 5. Section 41-1641, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1641. Corrections fund; uses; prior approval; exemption from lapsing

A. The corrections fund is established and consists of monies received from the distribution provided pursuant to section 42‑3104.

B. Monies in the corrections fund may be expended by:

1. The director of the department of administration for major maintenance, construction, lease, purchase, renovation or conversion of corrections or state operated juvenile facilities subject to the prior approval of the joint committee on capital review and the legislature.

2. The director of the state department of corrections for costs incurred in the minor maintenance and the operations of corrections facilities subject to the prior approval of the legislature.

3. The director of the department of juvenile corrections for costs incurred in the minor maintenance and the operations of state operated juvenile facilities subject to the prior approval of the legislature.

C. Notwithstanding any provision of law to the contrary and except as provided in subsection B of this section:

1. The director of the state department of corrections shall enter into an agreement with the director of the department of administration for the expenditure of monies for the maintenance of corrections facilities.

2. The director of the department of juvenile corrections shall enter into an agreement with the director of the department of administration for the expenditure of monies for the maintenance of state operated juvenile facilities.

D. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

E. The director shall transfer two million five hundred thousand dollars from the corrections fund annually to the department of corrections building renewal fund established by section 41-797. END_STATUTE

Sec. 6. Section 41-1724, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1724. 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, 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 and as soon as is practicable after July 1 of each year 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. The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 12‑116.04 and monies appropriated by the legislature. The department shall administer the subaccount. Any monies distributed from the subaccount 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. All appropriated monies in the subaccount shall be distributed each fiscal year to local entities and no monies may be retained by the department for its own use. The monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel, and for safety equipment that is worn or used by a peace officer who is employed by a county sheriff.

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 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. END_STATUTE

Sec. 7. State department of corrections; budget structure

Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2012-2013, estimated fiscal year 2013-2014 and requested fiscal year 2014-2015 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2014-2015 budget request pursuant to section 35-113, Arizona Revised Statutes. The information submitted for each line item shall contain as much detail as submitted in previous years for prior line items.

Sec. 8. State department of corrections; use of funds; permission

Notwithstanding any other law, the state department of corrections is permitted to use monies from either of the following funds for department operating expenses in fiscal year 2013-2014:

1. The transition program fund established by section 31-284, Arizona Revised Statutes.

2. The state department of corrections interagency service agreement fund.

Sec. 9. Department of public safety; highway funds; limitation

Notwithstanding sections 28-6537 and 28-6993, Arizona Revised Statutes, the statutory caps and transfers of highway user revenue fund monies and state highway fund monies available to fund department of public safety highway patrol costs are suspended for fiscal year 2013-2014.

Sec. 10. GIITEM border security and law enforcement subaccount; expenditure plan; annual review

Notwithstanding section 41‑1724, subsection G, Arizona Revised Statutes, before the department of public safety spends any monies appropriated in the general appropriations act for fiscal year 2013‑2014 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, the department shall submit the subaccount's entire expenditure plan to the joint legislative budget committee for review.

Sec. 11. Nonsupplanting; suspension

Notwithstanding any other law, in fiscal year 2013-2014 the provisions relating to supplanting of state monies contained in section 12-102.02, subsection E, section 12-102.03, subsection D, section 12-135, subsection D, section 12-135.01, subsection D, section 12-267, subsection D, section 12‑268, subsection D and section 12-299.01, subsection C, Arizona Revised Statutes, are suspended. The Arizona supreme court shall submit a report to the joint legislative budget committee identifying any decrease in county funding related to these suspended provisions, including the reasons for the decrease.

Sec. 12. Arizona supreme court; county reimbursement

Notwithstanding section 13-4041, subsection H and section 21-428, subsection B, Arizona Revised Statutes, the Arizona supreme court shall not reimburse the counties more than the amount appropriated for that purpose in the fiscal year 2013-2014 general appropriations act.

Sec. 13. Incarceration contracts; authorization; fiscal year 2014-2015

In fiscal year 2014-2015, as prescribed by Laws 2012, chapter 302, section 27, the state department of corrections may award a contract for the remaining male medium security beds under the request for proposals that was issued under the authority of section 41-1609, Arizona Revised Statutes, only if specific legislative authorization for the award is provided.

Sec. 14. Attorney general; state aid to indigent defense fund; fiscal year 2013-2014

Notwithstanding section 11-588, Arizona Revised Statutes, in fiscal year 2013-2014 the attorney general may use monies in the state aid to indigent defense fund established by section 11-588, Arizona Revised Statutes, for activities related to capital postconviction prosecution.