COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2430
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 12-119.01, Arizona Revised Statutes, is amended to read:
12-119.01. Supreme court fees; distribution
A. Except as otherwise provided by law, fees for the supreme court shall be established and classified as follows:
Class Description Fee
A Initial case filing fee
Petitions for review and
cross petitions for
review $ 140.00
Direct appeals and cross
appeal appellant 140.00
Special actions petitioner 140.00
B Subsequent case filing fee
Intervenors direct appeals
and special action $ 70.00
Direct appeals appellee 70.00
Special actions respondent 70.00
Response to petition
for review 70.00
E Minimum clerk fee
Certifications alone $ 17.00
Certificate of good standing
Certificates 17.00
F Per page fee
Copies — each page $ .50
G Special fees
New and duplicate certificates $ 35.00
B. The clerk of the supreme court shall deposit, pursuant to sections 35-146 and 35-147, all of the monies collected pursuant to subsection A of this section as follows:
1. 27.78 per cent percent in the judicial collection enhancement fund established by section 12-113.
2. 26.00 per cent percent with the state treasurer for transmission to the elected officials' retirement plan fund established by section 38-802. The monies shall be transmitted by the state treasurer to the fund public safety personnel retirement system's board's office for distribution pursuant to section 38-810.
3. 46.22 per cent percent in the state general fund.
C. The supreme court may increase the class A and B fees prescribed in subsection A of this section.
Sec. 2. Section 12-120.31, Arizona Revised Statutes, is amended to read:
12-120.31. Fees and costs; distribution
A. Fees and costs in the court of appeals shall be the same as supreme court fees and costs pursuant to section 12-119.01.
B. Fees charged by the court of appeals for electronic filing of documents and electronic access shall be the same amount as fees charged by the supreme court and are subject to the provisions of section 12-119.02.
C. The court of appeals shall retain 8.36 per cent percent of all of the monies it collects monthly pursuant to subsection A of this section. The retained monies shall be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the court, to improve court automation and to improve case processing or the administration of justice. The clerk of the court of appeals shall submit a plan to the supreme court that the supreme court shall approve before the court spends the retained monies.
D. Excluding the monies that are retained pursuant to subsection C of this section, the clerk of the court of appeals shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to subsection A of this section as follows:
1. 19.42 per cent percent in the judicial collection enhancement fund established by section 12-113.
2. 26.00 per cent percent with the state treasurer for transmission to the elected officials' retirement plan fund established by section 38-802. The monies shall be transmitted by the state treasurer to the fund public safety personnel retirement system's board's office for distribution pursuant to section 38-810.
3. 46.22 per cent percent in the state general fund.
Sec. 3. Section 12-284.03, Arizona Revised Statutes, is amended to read:
12-284.03. Distribution of fees
A. Excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12-284, subsection K as follows:
1. 1.20 percent to the state treasurer for deposit in the resource center fund established by and for the purposes of section 41-2402, subsection G.
2. 8.18 percent to the state treasurer for deposit in the domestic violence services fund established by section 36-3002.
3. 1.78 percent to the state treasurer for deposit in the child abuse prevention fund established by section 8-550.01.
4. In the county law library fund established by section 12-305, either:
(a) 7.02 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 0.32 percent to the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135.
6. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund public safety personnel retirement system's board's office for distribution pursuant to section 38-810:
(a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
7. 17.62 percent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113.
8. 0.24 percent to the state treasurer for deposit in the confidential intermediary and fiduciary fund established by section 8-135.
9. In the county general fund, the following percentages:
(a) 28.81 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 29.56 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
10. 6.00 percent to the elected officials' retirement plan, fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required public safety personnel retirement system's board's office for distribution pursuant to section 38-810.
B. 6.92 percent of the monies transmitted, distributed or deposited pursuant to subsection A of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars $7 of the time payment fee prescribed by section 12-116, subsection B.
Sec. 4. Section 22-281, Arizona Revised Statutes, is amended to read:
22-281. Fees and deposits
A. Justices of the peace shall receive fees established and classified as follows in civil actions:
Class Description Fee
A Initial case filing fee
Civil filing fees $ 73.00
B Subsequent case filing fee
Civil filing fees — defendant $ 40.00
C Initial case filing fee
Forcible entry and detainer filings $ 35.00
Small claims filing 25.00
D Subsequent case filing fee
Small claims answer $ 15.00
E Minimum clerk fee
Document and transcript transfer on appeal $ 28.00
Certification of any documents 28.00
Issuance of writs 28.00
Filing any paper or performing any act
for which a fee is not specifically
prescribed 28.00
Subpoena (civil) 28.00
Research in locating a document 28.00
Seal a court file 28.00
Reopen a sealed court file 28.00
Record duplication 28.00
F Per page fee
Copies of any documents per page $ 0.50
G Special fees
Small claims service by mail $ 8.00
B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.
C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:
1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages:
(a) 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
2. To the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135, in the following percentages:
(a) 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
3. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund public safety personnel retirement system's board's office for distribution pursuant to section 38-810:
(a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
4. To the county general fund, in the following percentages:
(a) 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 6.00 percent to the elected officials' retirement plan, fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required public safety personnel retirement system's board's office for distribution pursuant to section 38-810.
D. In counties with a population of more than five hundred thousand persons, 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.
E. In counties with a population of five hundred thousand persons or less, 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.
F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred."
Renumber to conform
Page 1, line 20, after the period insert "Through June 30, 2023,"
Line 23, after the period insert "Beginning July 1, 2023, the monies collected pursuant to this subsection shall be distributed by the board pursuant to subsection J of this section."
Page 2, line 34, after the period insert "Through June 30, 2023,"
Page 3, between lines 35 and 36, insert:
"J. For fiscal year 2023-2024 and each fiscal year thereafter, the monies collected pursuant to subsection B of this section shall be distributed as follows:
1. As determined by the board, an amount directly to the qualified governmental excess benefit arrangement established pursuant to section 38-803.01.
2. After transferring monies pursuant to paragraph 1 of this subsection, on or before June 30, the board shall transfer any remaining monies collected during a fiscal year to the state general fund."
Page 5, strike lines 9 through 12, insert:
"Sec. 7. Delayed repeal
Section 38-824, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2034.
Sec. 8. Section 41-178, Arizona Revised Statutes, is amended to read:
41-178. Distribution of notary bond fees
The state treasurer shall transmit, distribute or deposit all monies received pursuant to section 41-126, subsection A, paragraphs 11 and 12 as follows:
1. 1.31 percent for deposit in the resource center fund established by and for the purposes of section 41-2402, subsection G.
2. 8.87 percent for deposit in the domestic violence services fund established by section 36-3002.
3. 1.93 percent for deposit in the child abuse prevention fund established by section 8-550.01.
4. 7.62 percent for proportional deposit in each county's law library fund established by section 12-305, based on the number of notaries commissioned per county.
5. 0.35 percent for deposit in the alternative dispute resolution fund established by section 12-135.
6. 23.79 percent for deposit in the elected officials' retirement plan fund established by section 38-802, which shall be distributed to the fund transmission to the public safety personnel retirement system's board's office for distribution pursuant to section 38-810.
7. 17.07 percent for deposit in the judicial collection enhancement fund established by section 12-113.
8. 0.26 percent for deposit in the confidential intermediary and fiduciary fund established by section 8-135.
9. 31.29 percent for deposit in the notary bond fund established by section 41-314.
10. 7.51 percent shall be distributed to the county where the notary is commissioned in the same manner as the seven dollars $7 of the time payment fee prescribed by section 12-116, subsection B."
Renumber to conform
Amend title to conform