Chapter 0312 - 532R - C Ver of HB2527

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

Section 1. Section 12-114, Arizona Revised Statutes, is amended to read:

START_STATUTE12-114. Surcharge on court ordered diversion programs for traffic offenses; deposit

A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, it shall require the assessment of a five nine dollar surcharge on the fees charged by such the court authorized diversion programs.

B. A court or a court authorized diversion program shall collect the five nine dollar surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to sections 35‑146 and 35‑147, five dollars of the surcharge in the judicial collection enhancement fund and the remaining four dollars in the peace officer training equipment fund established by section 41‑1731. END_STATUTE

Sec. 2. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.08, to read:

START_STATUTE12-116.08. Assessment; peace officer training equipment fund

A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of four dollars on every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a criminal violation of the motor vehicle statutes or for any local ordinance relating to the stopping, standing or operation of a vehicle.

B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and forfeitures to the city or town treasurer.

C. The city, town or county treasurer shall transmit the assessment and the remittance report to the state treasurer. The state treasurer shall deposit the assessment in the peace officer training equipment fund established by section 41‑1731.

D. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations in the mitigation of a fine in section 13‑825, subsection B. END_STATUTE

Sec. 3. Section 41-1273, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1273. Budget analyst; employees; duties; reports

A. The joint legislative budget committee shall appoint a budget analyst and other clerical and technical employees that may be required.

B. The budget analyst shall serve full time as staff director and receive compensation as determined pursuant to section 38‑611. The budget analyst, as a prerequisite for appointment, shall have demonstrated the budget analyst's competency and ability in the field of finance either in private business or public work.

C. The budget analyst may be removed from office prior to expiration of the budget analyst's term if, voting separately, a majority of the members of each body constituting the joint legislative budget committee votes in favor of removal.

D. The budget analyst shall prepare for distribution an analysis of the governor's budget as soon after the budget is presented to the legislature as is possible. The analysis, among other things, shall include recommendations of the budget analyst for revisions in expenditures.

E. In consultation with the governor's office of strategic planning and budgeting, the budget analyst shall determine and report to the governor and the legislature an estimate of appropriations subject to the limit imposed by article IX, section 17, Constitution of Arizona. The report shall be published on or before February 15 of each year for the preceding fiscal year, for the current fiscal year and for the ensuing fiscal year to reflect the budget recommendations of the joint legislative budget committee.

F. On or before December 1 of each year, the budget analyst shall report to the committee a listing of statutorily deleted and newly created funds and funds that changed appropriated status from the prior fiscal year.

G. On or before January 31 of each year, the budget analyst shall report to the committee the expenditures for each retirement system for the preceding fiscal year, including the expenditures made by this state for the employer contribution for each retirement system.

H. The legislature in making its appropriation for the operation of the legislature shall allocate a portion thereof for the operation of the joint legislative budget committee.

I. On or Before December 1, 2019 and once every seven years thereafter, the budget analyst shall report to the committee the following:

1. The current amount of each surcharge and assessment that is authorized by law to be collected on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

2. The items for which the collected surcharge or assessment monies are used. END_STATUTE

Sec. 4. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding sections 41-1731 and 41-1732, to read:

START_STATUTE41-1731. Peace officer training equipment fund; exemptions

A. The peace officer training equipment fund is established consisting of monies deposited pursuant to sections 12‑114 and 12‑116.08. The state treasurer shall administer the fund. Monies in the fund may be used only for peace officer equipment.

B. 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.

C. Monies in the fund:

1. Do not revert to the state general fund at the end of the fiscal year.

2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

3. Are subject to legislative appropriation. END_STATUTE

START_STATUTE41‑1732. Peace officer training equipment fund advisory commission; membership; duties; recommendations; termination

A. The peace officer training equipment fund advisory commission is established consisting of the following members:

1. One member of the senate who is appointed by the president of the senate.

2. One member of the house of representatives who is appointed by the speaker of the house of representatives.

3. The director of the department of public safety or the director's designee.

4. One member who is appointed by the Arizona association of chiefs of police.

5. One member who is appointed by the Arizona sheriffs association.

6. One member who is appointed by the director of the Arizona state troopers association.

7. One member who is appointed by the director of the Arizona police association.

B. Members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section serve three-year terms. The members of the commission shall annually elect a chairperson and vice chairperson from among the voting members. The commission shall meet on the call of the chairperson but at least once each fiscal year. No actions may be taken without a quorum present. Members who are appointed pursuant to subsection A, paragraphs 1 and 2 of this section shall serve as advisory nonvoting members of the commission.

C. Members are not eligible to receive compensation but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. The commission may use the facilities and the staff of the Arizona criminal justice commission.

E. The commission may enter into interagency agreements with the Arizona criminal justice commission and other agencies for commission business.

F. On or before December 1 of each year, the commission shall submit written recommendations to the president of the senate, the speaker of the house of representatives, the governor and the chairpersons of the senate commerce and public safety committee and the house of representatives judiciary and public safety committee, or their successor committees, on the allocation each year of fiscal monies in the peace officer training equipment fund established by section 41‑1731. The commission shall provide a copy of the recommendations to the secretary of state.

G. The commission established by this section ends on July 1, 2026 pursuant to section 41‑3103. END_STATUTE

Sec. 5. Appropriations; peace officer training equipment; public safety and court automation expenses

Notwithstanding section 41‑1731, subsection C, paragraph 3, Arizona Revised Statutes, as added by this act, monies in the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, are continuously appropriated until all of the following appropriations are made:

1. The first $500,000 that is deposited in the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, is appropriated to the department of public safety for employee overtime pay.

2. The next $2,300,000 is appropriated after the appropriation made in paragraph 1 of this section from the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, to the department of public safety to purchase all of the following:

(a) Ten virtual firing ranges that:

(i) Are ballistically accurate to a degree of .08 milliradian, as verified by the United States army.

(ii) Take into account the exact weapon and round being fired.

(iii) Emulate the real world as closely as possible, including ballistic fly‑out projectiles, weapon behavior, projectile size, environmental effects and impact results.

(iv) Will work with the virtual firing range simulators that are used by this state before the effective date of this section.

(v) Are capable of generating unlimited custom high definition video scenarios, skill drills, targeting exercises and firearms training in any setting.

(b) Three virtual training simulators, including one for the Tucson police department, one in Pinal county for the sheriff's office and one in Yuma county for the sheriff's office. The virtual training simulators must:

(i) Have the ability to display, and for the trainee to engage with, characters and scenario content simultaneously across at least a three hundred degree screen environment.

(ii) Have the ability to accurately replicate real-world ballistic characteristics of a projectile in flight.

(iii) Be equipped with transducers to recreate sound vibrations.

(iv) Include a stress component, including the use of a wireless device capable of delivering an adjustable electric impulse, during training engagements.

3. The next $203,000 is appropriated after the appropriation made in paragraphs 1 and 2 of this section from the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, to the department of public safety to maintain and service the seven existing virtual training simulators in this state.

4. The next $50,000 is appropriated after the appropriations made in paragraphs 1, 2 and 3 of this section from the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, to the governor's office of highway safety to provide public service announcements that educate drivers in this state on how to act when subject to a peace officer's traffic stop.

5. The next $20,000 is appropriated after the appropriations made in paragraphs 1, 2, 3 and 4 of this section from the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, to the supreme court to cover a onetime programming cost.

Sec. 6. Effective date

This act is effective from and after December 31, 2018.