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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
criminal justice; budget reconciliation; 2019-2020
Purpose
Makes statutory and session law changes relating to criminal justice necessary to implement the FY 2020 state budget.
Background
The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted.
S.B. 1557 contains the budget reconciliation provisions for changes relating to criminal justice.
Provisions
Department of Public Safety (DPS)
1. Eliminates the Highway Safety fee on July 1, 2021 and prohibits a registering officer from collecting a Highway Safety Fee.
2. Repeals the statutory requirement that the Director of the Arizona Department of Transportation (ADOT) establish the Highway Safety Fee at 110 percent of the Highway Patrol budget.
3. Repeals the rulemaking exemption for the ADOT to determine the amount of the Highway Safety Fee.
4. Allows DPS to use monies appropriated to the agency in FY 2020 from the Board of Fingerprinting Fund for capital expenditures.
5. Allows DPS, in FY 2020, to use monies in the State Aid to Indigent Defense Fund and the Concealed Weapons Permit Fund for operating expenses.
6. Allows DPS to use the amount appropriated to it from the Arizona Highway Patrol Fund in FY 2020 for the Pharmaceutical Diversion and Drug Theft Task Force.
7. Allocates, in FY 2020, $400,000 from the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund to the Pima County Sheriff's Office after the $500,000 allocation from the GIITEM Fund to the Pinal County Sheriff's Office.
8. Requires DPS to submit the GIITEM Border Security and Law Enforcement Subaccount's (GIITEM Subaccount) entire expenditure plan to JLBC for review in FY 2020 before any expenditure.
9. Allows DPS, in FY 2020, to use up to $144,900 of the amount appropriated to the GIITEM Subaccount for costs related to an increase in the Public Safety Personnel Retirement System employer contribution rate.
Attorney General (AG)
10. Prohibits the AG form using monies in the Anti-Racketeering Revolving Fund to pay salaries for more than 16 full-time equivalent positions in the AG's office.
11. Transfers any unexpended monies in the Colorado River Land Claims Revolving Fund to the General Fund.
12. Increases, from $3,500,000 to $4,000,000, the non-appropriated expenditure authority of the Consumer Remediation Subaccount of the Consumer Restitution and Remediation Revolving Fund.
Arizona Department of Corrections (ADC)
13. Allows correctional officers employed with ADC to be excused from jury duty through January 1, 2022.
14. Requires ADC to report actual FY 2019, estimated FY 2020 and requested FY 2021 amounts as delineated in the prior year's submission when submitting its FY 2021 budget request.
Arizona Department of Juvenile Corrections (ADJC)
15. Repeals the requirement for all counties, except Maricopa and Pima county, to pay the committed youth confinement cost sharing fee assessed by ADJC for operating costs.
16. Suspends the committed youth confinement cost sharing fee for all counties, including Maricopa and Pima county, in FY 2020.
Department of Emergency and Military Affairs (DEMA)
17. Extends, from FY 2019 to FY 2020, the lapsing date of a $1,250,000 appropriation to DEMA from the Military Installation Fund for the construction of a readiness center.
Miscellaneous
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Eliminates the Highway Safety Fee on July 1, 2021, rather than phasing it out over five years.
2. Cancels the creation of the Highway Safety Fee Fund and continues to deposit monies collected from the Highway Safety Fee into the Highway Patrol Fund.
3. Allows the AG to use monies from the Anti-Racketeering Revolving Fund to pay for no more than 16 full-time equivalent position salaries in the AG's office, rather than being prohibited from using monies for that purpose entirely.
4. Removes the prohibition against the AG using monies from the Anti-Racketeering Revolving Fund to pay for programmatic costs that are expected, ongoing yearly costs.
5. Repeals an ADOT rulemaking exemption related to the Highway Safety Fee.
6. Makes conforming changes.
Senate Action
APPROP 5/22/19 DP 6-4-0
Prepared by Senate Research
May 24, 2019
ZD/gs