State SealARIZONA HOUSE OF REPRESENTATIVES


 

HB 2564: court fees; EORP; state contribution

PRIME SPONSOR: Representative Livingston, LD 22

BILL STATUS: Caucus & COW

BI: DPA 7-1-0-0

Legend:
EORP – Elected Officials' Retirement Plan
Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes)	     ☒ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRelating to distribution of court fees.

Provisions

1.       Increases various base fees for the superior court and justice court. (Sec. 1, 3)

2.       Modifies the distribution formulas for superior court and justice court fees by:

a.       Creating a 6% allocation to EORP for the purposes of funding a portion of the state employers' contributions; and

b.       Reducing existing allocations. (Sec. 2, 3) (BI)

Current Law

The clerk of superior court receives case filing fees for the preparation of copies of papers and records, issuing certificates, subpoena issues in a civil proceeding, or an act in which a fee is not outlined by law (A.R.S. § 12-284). Monies collected from court fees are distributed to various funds as specified in statute (A.R.S. § 12-284.03).

The justice of peace receives case filing fees transmitted to the county treasurer for the judicial collection enhancement fund, the alternative dispute resolution fund, EORP, and the county general fund. Counties keep and use the filing fees transmitted to improve, maintain, and enhance the ability to manage the money received, improve court automation, improve case processing, and administer justice (A.R.S. § 22-281).

Additional Information

Pursuant to A.R.S. § 38-810, monies collect from the Arizona Supreme Court, court of appeals, superior court, and justice court fees are deposited in EOPR.  According to the Joint Legislative Budget Committee, in FY 2016 and FY 2017 $8.6 million was received in fees for each year.

 

 

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Fifty-third Legislature                  HB 2564

Second Regular Session                               Version 2: Caucus & COW

 

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