PREFILED DEC 13 2017
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REFERENCE TITLE: municipal courts; maximum revenue; transfer |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1035 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 22, chapter 4, article 1, Arizona Revised Statutes, by adding section 22‑410; amending section 41-2407, Arizona Revised Statutes, as amended by laws 2017, chapter 125, section 1 and chapter 229, section 18; repealing section 41-2407, Arizona Revised Statutes, as amended by laws 2017, chapter 303, section 12; relating to municipal courts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 22, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 22-410, to read:
22-410. Municipal court revenues; transfer; calculation of net revenues
A. On or before August 1 of each year, each municipal court shall determine the amount of net revenues received by the municipal court during the most recent fiscal year that exceeds the amount of net revenues received by the municipal court in the prior fiscal year by one hundred twenty percent. After determining this amount, each municipal court shall transmit this amount to the city or town treasurer. The city or town treasurer shall transmit this amount to the state treasurer for deposit in the victim compensation and assistance fund established by section 41‑2407.
B. For the purposes of calculating each municipal court's net revenue for the fiscal year pursuant to subsection A of this section, the municipal court:
1. May assign a fair market value to services provided to the municipal court by persons on a volunteer basis.
2. Exclude monies collected by the municipal court for court fees pursuant to section 22‑404, subsection B and any grant monies that the court received in the fiscal year.
Sec. 2. Section 41-2407, Arizona Revised Statutes, as amended by Laws 2017, chapter 125, section 1 and chapter 229, section 18, is amended to read:
41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 14 13, monies collected pursuant to section 31‑411, subsection E and sections 13‑4311, 22‑410, 31‑418, 31‑467.06 and 41‑1674, unclaimed victim restitution monies pursuant to sections 22‑116 and 44‑313 and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405, subsection A, paragraph 8. The rules shall provide that persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.
D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.
E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third‑party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services.
F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim.
G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health‑related services.
Sec. 3. Repeal
Section 41-2407, Arizona Revised Statutes, as amended by Laws 2017, chapter 303, section 12, is repealed.