HB2814 - 561R

Be it enacted by the Legislature of the State of Arizona:

Section 1.1. Section 41-2832, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2832. County contributions for committed youth in secure care facilities; county payments; excluded costs

A. The department shall annually assess a committed youth confinement cost sharing fee to each county with a population of more than five hundred thousand three million persons.

B. Each county with a population of more than five hundred thousand three million persons shall pay the monies owed within thirty days after a request by the department. If a county does not make the payment, the director shall notify the state treasurer of the amount owed and the state treasurer shall withhold the amount, including any additional interest as provided in section 42-1123, from any transaction privilege tax revenues that would otherwise be distributed to the county. The state treasurer shall deposit, pursuant to sections 35-146 and 35-147, the withholdings in the department of juvenile corrections local cost sharing fund established by section 41-2833. The department shall deposit the monies received from a county in the department of juvenile corrections local cost sharing fund established by section 41-2833.

C. County contributions made pursuant to this section are excluded from the county expenditure limitations.

D. Notwithstanding any other law, a county may meet the cost sharing requirements of this section from any source of county revenue designated by the county, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors. END_STATUTE

Sec. 2.2. Section 44-1531.02, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1531.02. Consumer restitution and remediation revolving fund; subaccounts

A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the appropriate subaccount of the fund.

B. The consumer restitution subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, for the purpose of compensating specific, identifiable persons, including this state, for economic loss resulting from violations or alleged violations of consumer protection laws. The attorney general shall administer the subaccount. Monies in the subaccount are continuously appropriated. Monies in the subaccount are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The attorney general shall distribute monies in the subaccount to specific, identifiable persons as directed by a court order. The attorney general may distribute any unexpended monies in the consumer restitution subaccount to the consumer protection–consumer fraud revolving fund established by section 44-1531.01.

C. The consumer remediation subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general from a party as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, to rectify violations or alleged violations of consumer protection laws, other than monies collected for the benefit of specific, identifiable persons and monies for investigative or court costs, attorney fees, civil penalties or other monies recovered as a result of the enforcement of consumer protection laws deposited in the consumer protection-consumer fraud revolving fund pursuant to section 44-1531.01. The attorney general shall administer the subaccount. All monies deposited in the subaccount pursuant to opioid claims-related litigation or settlements are subject to legislative appropriation. All monies that are not from opioid claims-related litigation or settlements and that are in the subaccount up to the amount of $4,000,000 annually are continuously appropriated. Any amounts in excess of $4,000,000 are subject to legislative appropriation. Monies in the subaccount are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The attorney general may spend monies in the subaccount for programs, including consumer fraud education programs, that are intended to rectify violations or alleged violations of consumer protection laws. The attorney general may spend monies in the consumer remediation subaccount for operating expenses incurred by the department of law in administering or implementing programs intended to rectify violations or alleged violations of consumer protection laws. The attorney general shall submit an expenditure plan to the joint legislative budget committee for review before spending any monies in the subaccount.

D. On or before January 15, April 15, July 15 and October 15 each year, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund by subaccount in the previous calendar quarter. the account must include a separate delineated report that includes the receipts and disbursements for all opioid claims-related litigation monies. END_STATUTE

Sec. 3.3. Laws 2018, chapter 278, section 17, as amended by Laws 2021, chapter 403, section 24 and Laws 2022, chapter 310, section 6, is amended to read:

START_STATUTESec. 17. Supreme court; juvenile probation services fund; alternative dispute resolution fund; drug treatment and education fund; Arizona trial and digital evidence fund; fiscal years 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026

Notwithstanding sections 8-322, 12-135, 13-901.02 and 21-222, Arizona Revised Statutes, in fiscal years 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022-2023, 2023-2024, 2024-2025 and 2025-2026, the supreme court may use up to $2,600,000 over the combined fiscal years to design, implement and upgrade a new appellate case management system. The total monies allocated by this section may not exceed $2,600,000. The supreme court may use monies in any of the following funds for the purposes of the new appellate case management system:

1. The juvenile probation services fund established by section 8-322, Arizona Revised Statutes.

2. The alternative dispute resolution fund established by section 12-135, Arizona Revised Statutes.

3. The drug treatment and education fund established by section 13-901.02, Arizona Revised Statutes.

4. The Arizona trial and digital evidence fund established by section 21-222, Arizona Revised Statutes. END_STATUTE

Sec. 4.4. Fentanyl prosecution, diversion and testing fund

The fentanyl prosecution, diversion and testing fund is established consisting of monies appropriated by the legislature. The department of public safety shall administer the fund and may use monies in the fund for costs that are associated with administering the fund. Monies in the fund are continuously appropriated. In fiscal year 2023-2024, the department shall allocate monies in the fund on a first-come, first-served basis to:

1. County attorneys, county sheriffs and courts to reimburse costs related to fentanyl prosecutions in this state that involve a violation of either of the following:

(a) Section 13-3408, subsection A, paragraph 2, 3 or 4, Arizona Revised Statutes.

(b) Section 13-3408, subsection A, paragraph 7, Arizona Revised Statutes, unless the violation involves the transfer or offer to transfer fentanyl.

2. Law enforcement agencies in this state to reimburse costs related to fentanyl testing.

3. Law enforcement agencies in this state to reimburse costs related to fentanyl diversion activities.

Sec. 5.5. Antihuman trafficking grant fund; program eligibility

The antihuman trafficking grant fund is established consisting of monies appropriated by the legislature. Monies in the fund are continuously appropriated. The Arizona department of homeland security shall administer the fund. In fiscal year 2023-2024, the department shall distribute monies from the fund to programs to reduce human trafficking in this state. To be eligible for grant monies, an antihuman trafficking program must do either of the following:

1. Work to reduce human trafficking by providing assistance and analytical services to law enforcement agencies.

2. Provide services to victims and training to law enforcement agencies, prosecutorial agencies and the public on preventing and identifying human trafficking.

Sec. 6.6. Arizona state nonprofit security grant program; fund; delayed repeal; definitions

A. The Arizona state nonprofit security grant program is established to provide funding for safety and security projects to nonprofit organizations that are at high risk of a terrorist attack or at risk of hate crimes or attacks because of the nonprofit's ideology, beliefs or mission for target hardening and other security enhancements and activities. The Arizona department of homeland security shall administer the grant program. In each of fiscal years 2023-2024, 2024-2025, 2025-2026, 2026-2027 and 2027-2028, the department shall issue grants from the Arizona state nonprofit security grant program fund established by this section.

B. Permissible activities for target hardening and other safety and security projects shall include internal and external facility hardening structures, devices or equipment that mitigates vulnerabilities identified in a vulnerability assessment that is completed by the nonprofit organization, as a self-assessment, or by a vendor with whom the nonprofit organization has contracted. The activities shall include planning, equipment, training and security personnel. The department may prescribe requirements for a vulnerability assessment and may allow other activities for target hardening and safety and security projects in addition to those activities prescribed by this subsection.

C. The department shall award up to $1,000,000 in each fiscal year. A nonprofit organization may not receive more than $100,000 in any fiscal year. The department shall give priority to nonprofit organizations that are unable to apply for federal funding due to their size or inability to wait for reimbursements for projects and to nonprofit organizations that are unable to secure a contractor to conduct a vulnerability assessment. Grant monies may not be used to supplant a nonprofit organization's current expenses for target hardening, safety or security projects but may be used for additional needs beyond the nonprofit organization's current expenses. The nonprofit organization may not use grant monies to purchase equipment for security personnel.

D. An applicant for a grant must meet either of the following:

1. Have applied for the federal nonprofit security grant and not received funding for the same year the applicant is applying for the state grant.

2. Have been unable to apply for the federal nonprofit security grant due to an inability to fund the request up front and wait for reimbursement.

E. Applicants shall submit an application on a form prescribed by the department. The department may accept an application submitted to the federal government for the federal nonprofit security grant instead of the state application prescribed by the department if the applicant applied for a federal nonprofit security grant and did not receive funding for the same year the applicant applied for the state grant.

F. The Arizona state nonprofit security grant program fund is established consisting of grants, gifts, donations and legislative appropriations. The Arizona department of homeland security shall administer the fund. Monies in the fund are continuously appropriated. In each of fiscal years 2023-2024, 2024-2025, 2025-2026, 2026-2027 and 2027-2028, monies in the fund shall be spent only on grants to applicants who qualify for the Arizona state nonprofit security grant program. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, Arizona Revised Statutes, and monies earned from investment shall be credited to the fund. Interest or other income derived from the Arizona state nonprofit security grant program fund may be used only for the purposes of this section and may not be used to supplant other appropriations.

G. This section is repealed from and after September 30, 2028.

H. For the purposes of this section:

1. "Equipment" includes target hardening, physical and information technology security enhancements, acquisition and installation of security equipment on real property, including buildings and improvements, that is owned or leased by the nonprofit organization, reinforced doors and gates, perimeter lighting, exterior and interior door locking, alarm systems, camera-based security systems, access control systems, blast resistant film for windows or shatter resistant glass, lock-down systems, public address systems, high-intensity lighting and alarms, inspection and screening systems and access control.

2. "Planning":

(a) Means those activities that are related to protecting a facility, the people within the facility and those with access to the facility and providing for their functional needs.

(b) Includes developing and enhancing a nonprofit organization's security plans and protocols, emergency contingency plans and evacuation or shelter-in-place plans and the materials that are required to conduct planning activities.

3. "Security personnel" includes personnel who are contracted with and employed by the nonprofit.

4. "Training":

(a) Means training that addresses a specific threat or vulnerability.

(b) Includes:

(i) Attendance and travel fees for training the nonprofit organization's staff or members and security training and exercises or drills, including stop the bleed, active shooter and shelter-in-place, for the nonprofit organization's staff, members and visitors.

(ii) Training-related expenses, including supplies, materials and equipment.