ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2752: criminal justice; budget reconciliation; 2019-2020. |
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PRIME SPONSOR: Representative Bowers, LD 25 BILL STATUS: House Engrossed |
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Contains budget reconciliation
provisions relating to criminal justice needed for implementing the FY 2020
budget.
History
The Arizona Legislature adopts a budget for each fiscal year (FY) that contains general appropriations. Article IV, Section 20, Part 2, Constitution of Arizona, requires the General Appropriations Act (feed bill) to contain only appropriations for the different state departments, state institutions, public schools and interest on public debt. Statutory changes necessary to reconcile the appropriations made in the feed bill and other changes are drafted into separate bills known as Budget Reconciliation Bills (BRBs). These BRBs are prepared according to subject area.
Provisions
Arizona Attorney General (AG)
1. Prohibits the AG from using the Anti-Racketeering Revolving Fund money to pay for more than 16 additional full-time employees (Sec. 1).
2. Increases, from $3.5 million to $4 million, the amount of the AG's Consumer Restitution and Remediation Revolving Fund's Consumer Remediation Subaccount that is continuously appropriated and not subject to legislative appropriation (Sec. 5).
3. Transfers all unexpended and unencumbered money in the Colorado River Land Claims Revolving Fund to the state General Fund (Sec. 7).
o The fund was established in 1985 to pay the AG's costs of investigating and prosecuting state land claims in the Colorado river area. The fund consists of money recovered in those actions, but no money has been expended or received since FY 2008. The fund balance is $12,300.
Corrections
4. Requires the court temporarily to excuse Arizona Department of Corrections (ADC) correctional officers from jury duty.
a. Applies this requirement through January 1, 2022 (Sec. 2).
5. Eliminates the ability of the Arizona Department of Juvenile Corrections (ADJC) to assess a committed youth confinement cost sharing fee to the counties, except that it may continue to assess a fee to Maricopa and Pima Counties (Sec. 4).
a. Prohibits ADJC from assessing a committed youth confinement cost sharing fee to Maricopa and Pima Counties in FY 2020 (Sec. 15).
o A county-by-county fee list can be found in the FY 2019 Appropriations Report (page 237).
6. Continues to require ADC to report actual, estimated, and requested fiscal year expenditures respectively for FYs 2019, 2020, and 2021, in the same structure and detail as the prior fiscal year, when the agency submits its FY 2021 budget request (Sec. 12).
Arizona Department of Public Safety (DPS)
7. Eliminates the highway safety fee on July 1, 2021 (Sec. 3).
8. Permits DPS to use money appropriated from the Board of Fingerprinting Fund for capital expenditures (Sec. 8).
9. Continues to allocate $400,000 from the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund to the sheriff of a county with a population between 800,000 and 2 million (Pima County) (Sec. 9).
o This session law requires that DPS first allocate $500,000 to the sheriff of a county with a population between 300,000 and 500,000 (Pinal County), which is consistent with existing permanent law (A.R.S. § 41-1724). After allocation to the Pima County Sheriff, DPS may use the remaining fund money for contracts with cities, towns, and counties, except that DPS may not use the fund for contracts with the Maricopa County Sheriff.
10. Continues to require DPS to submit the GIITEM Border Security and Law Enforcement Subaccount's entire expenditure plan to JLBC for review before spending any money appropriated in the general appropriations act from the Subaccount for FY 2020 (Sec. 10).
11. Continues to allow DPS to use up to $144,900 appropriated from the GIITEM Subaccount for costs related to an increase in the Public Safety Personnel Retirement System (PSPRS) employer contribution rate (Sec. 11).
12. Continues to permit DPS to use money in the State Aid to Indigent Defense Fund and the Concealed Weapons Permit Fund for operating expenses in FY 2020 (Sec. 13).
13. Permits DPS to use money in the Arizona Highway Patrol Fund for the Pharmaceutical Diversion and Drug Theft Task Force in FY 2020 (Sec. 14).
Miscellaneous
14. Extends, from FY 2019 to FY 2020, the ability of Department of Emergency and Military Affairs (DEMA) to use $1,250,000 in the Military Installation Fund to construct a readiness center.
a. Exempts the appropriation from lapsing until June 30, 2020 (Sec. 6).
15. Makes technical and conforming changes.
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19. Fifty-fourth Legislature HB 2752
20. First Regular Session Version 3: House Engrossed
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