ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2102: anti-racketeering revolving fund; prohibited transfers

Sponsor: Representative Martinez, LD 16

Committee on Public Safety & Law Enforcement

Overview

Prohibits Anti-Racketeering Revolving Fund (Fund) monies from being transferred to the state General Fund (GF).

History

The Fund is administered by the Attorney General (AG) and includes monies gained through the enforcement of civil and criminal statutes related to any offense relating to racketeering, whether by final judgment, settlement or forfeitures.

An agency responsible for a seizure or forfeiture may pull money from the Fund by submitting a written application to the AG detailing what the requested monies will be used for. The AG reserves the right to refuse a request if the request goes against state or federal law. Within 30 days after an application is submitted to the AG, the agency or agencies must receive the monies and interest.

Fund monies may be used to: 1) fund gang prevention and substance abuse programs; 2) investigate and prosecute any offenses relating to racketeering; 3) relocate any law enforcement officer and their family if the officer is the victim of a threat due to their job duties; or 4) pay the cost of the reports, audits and application approvals.

The Office of the Auditor General must perform audits every other year on the Fund and the AG's use of the monies in the Fund. The report is to be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Chairpersons of the Senate Judiciary Committee and the House of Representatives Judiciary and Public Safety Committee or their successor committees. The AG must pay any fees and costs for the Fund's audits (A.R.S. § 13-2314.01).

Provisions

1. States that monies in the Fund cannot be transferred to the state GF. (Sec. 1)

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