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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SENATE BILL 1378 |
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AN ACT
amending title 35, chapter 1, article 3, Arizona Revised Statutes, by adding section 35‑153; relating to money transfers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 35, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 35-153, to read:
35-153. Prohibited money transfers to a sanctuary city, town or county; attorney general or county attorney investigation; electronic notification; website list; definition
A. Notwithstanding any other law and except as required by the constitution of Arizona, the state treasurer may not transfer any monies from the state general fund or any other fund to a city, town or county treasurer if the city, town or county is a sanctuary city. The state treasurer may not transfer monies to a city, town or county that is a sanctuary city until the state treasurer receives a notification from the attorney general or county attorney pursuant to subsection C of this section or the city, town or county treasurer attests that the city, town or county is not a sanctuary city. A city, town or county is not entitled to the payment of any monies that were withheld pursuant to this section.
B. By January 1 of each year, every city, town or county treasurer shall provide an electronic notification to the state treasurer attesting that the treasurer's city, town or county is not a sanctuary city. the treasurer may include the electronic notification in any other report or notification that the city, town or county is required to provide to the state treasurer.
C. The attorney general or the county attorney in the county in which the alleged sanctuary city is located may investigate a city, town or county to determine if the city, town or county is a sanctuary city. a citizen may make a request for the attorney general or the county attorney in the county in which the alleged sanctuary city is located to investigate whether a city, town or county is a sanctuary city. The attorney general or county attorney shall notify the state treasurer and the city, town or county if the attorney general or county attorney determines that the city, town or county is a sanctuary city. On receipt of the notice from the attorney general or county attorney, the state treasurer is prohibited from transferring monies pursuant to subsection A of this section. The attorney general or county attorney shall immediately notify the state treasurer if the attorney general or county attorney determines that the city, town or county is no longer a sanctuary city. If the state treasurer receives a notice from the attorney general or county attorney that a city, town or county is no longer a sanctuary city, the state treasurer shall renew transferring monies to the city, town or county from the state general fund or any other fund as soon as reasonably possible.
D. The state treasurer shall annually list on its website the names of all the cities, towns and counties to which the state treasurer is, or was at any time during the year, prohibited from transferring monies pursuant to subsection A of this section.
E. The state treasurer shall redistribute any monies that were withheld from a city, town or county pursuant to subsection A of this section to the cities, towns or counties that are not sanctuary cities.
F. For the purposes of this section, "sanctuary city" means a city, town or county that has in effect any law, policy or procedure that Violates section 1‑501, 1‑502 or 11‑1051.
Sec. 2. Short title
This act may be cited as the "Sanctuary Cities Prohibition Act".