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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
House: JUD DP 9-1-0-0-0 |
HB 2148: anti-racketeering revolving funds; reports; penalty
Sponsor: Representative Thorpe, LD 6
House Engrossed
Overview
Outlines penalties for entities receiving Anti-Racketeering Revolving Fund or County Anti-Racketeering Fund monies that fail to file the required quarterly report.
History
The Anti-Racketeering Revolving Fund (ARRF), administered by the Arizona Attorney General (AG), consists of monies derived from seized property and assets resulting from judgments pursuant to anti-racketeering statutes. Monies in ARRF may be used for, among other things: 1) gang prevention, substance abuse prevention, substance abuse education and victim assistance programs or any purpose permitted by federal law; or 2) the investigation and prosecution of racketeering offenses (A.R.S. § 13-2314.01). County ARRFs are administered by each county attorney and may be used for the same purposes as the state ARRF (A.R.S. § 13- 2314.03).
Arizona law requires the AG, departments and state agencies, including counties, that use ARRF to report quarterly to the Arizona Criminal Justice Commission (ACJC) the sources of all monies and all expenditures. ACJC is then required to compile the quarterly reports into a single comprehensive annual report due by September 30 to the Governor, the Director of the Arizona Department of Administration, the President of the Senate, the Speaker of the House of Representatives, the Director of the Joint Legislative Budget Committee (JLBC) and the Secretary of State (A.R.S. §§ 13-2314.01, 13- 2314.03).
Provisions
1. States if an agency, department or political subdivision receiving ARRF monies fails to file the required quarterly report within 45 days after it is due and no good cause is determined, then the entity is subject to a civil penalty of $500 or 10% of the forfeiture proceeds received during the reporting period, whichever is greater. (Sec. 1)
2. Mandates civil penalties collected from an agency, department, AG or political subdivision that failed to file the required quarterly report will be deposited into the state general fund. (Sec. 1)
3. States if the AG fails to file the required quarterly report within 60 days after it is due and no good cause is determined, then the AG is subject to a civil penalty of $500 or 10% of the forfeiture proceeds received during the reporting period, whichever is greater. (Sec. 1)
4. Requires ACJC to publish on its website the compiled quarterly ARRF report within 24 hours of electronically submitting it to the Governor, Director of the Department of Administration, President of the Senate, Speaker of the House of Representatives, the Director of the Joint Legislative Budget Committee and the Secretary of State. (Sec. 1)
5. States if a county attorney or political subdivision receiving County ARRF monies fails to file the required quarterly report within a specified timeframe after it is due and no good cause is determined, then the entity is subject to a civil penalty of $500 or 10% of the forfeiture proceeds received during the reporting period, whichever is greater. (Sec. 2)
6. Mandates civil penalties collected from a county attorney or political subdivision receiving County ARRF funds that failed to file the required quarterly report will be deposited into the state general fund. (Sec. 2)
7. Clarifies the civil penalty is paid from the forfeiture fund, not the individual attorney, department, agency or political subdivision. (Sec. 1 and 2)
8. Requires ACJC to publish on its website the compiled quarterly County ARRF report within 24 hours of electronically submitting it to the Governor, Director of the Department of Administration, President of the Senate, Speaker of the House of Representatives, the Director of the Joint Legislative Budget Committee and the Secretary of State. (Sec. 1)
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12. HB 2148
13. Initials LC Page 0 House Engrossed
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