Assigned to JUD & APPROP                                                                                                 FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Third Legislature, First Regular Session

REVISED

FACT SHEET FOR S.B. 1161

courthouse security; fund

Purpose

Requires the Administrative Office of the Courts (AOC) to administer the statewide court security fund (Fund). Realigns the percentage of funds that the State Treasurer deposits to match the increased court fee.

Background

Pursuant to ARS § 12-264, the clerk of the superior court is required to collect court fees and transmit to the county treasurer for distribution to the following funds: 1) resource center fund; 2) domestic violence services fund; 3) child abuse prevention fund; 4) county law library fund; 5) alternative dispute resolution fund; 6) elected officials' retirement plan fund; 7) judicial collection enhancement fund; 8) confidential intermediary; 9) fiduciary fund; and 10) county general fund.

Justices of the Peace (JP) are required to transmit monies to the county treasurer on a monthly basis for the following funds: 1) judicial collection enhancement fund; 2) alternative dispute resolution fund; 3) elected officials' retirement plan fund; and 4) the county general fund (ARS § 22-281).

Pursuant to ARS § 12-284, the supreme court may, by rule, increase fees in an amount not to exceed the percentage of change in the average consumer price index. The AOC has indicated they will raise fees by two percent with this authority. S.B. 1161 requires AOC to establish the Fund that will be funded with this additional two percent. The Fund will be used to provide assistance, training and grants to courts to meet supreme court standards of courthouse security.

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Establishes the Fund. Monies in the Fund are continuously appropriated, not subject to reversion and exempt from lapsing.

2. Monies shall be used to provide assistance, training and grants to courts to meet supreme court standards of courthouse security.

3. Allows the supreme court to provide or contract for services consistent with the purposes of the Fund, which shall supplement monies already provided to local courts.

4. Requires the State Treasurer to invest and divest monies in the Fund, and monies earned from the investment shall be credited to the Fund.

5. Requires the county treasurer to transmit two percent of superior court and JP court fee amounts to the Fund.

6. Revises superior court and JP deposit amounts to other court funds to realign percentage amounts, so that other funds are held harmless.

7. Becomes effective from and after December 31, 2017

Revisions

· Updated the fiscal impact statement.

Senate Action

JUD                 2/2/17     DP     7-0-0-0

Prepared by Senate Research

February 3, 2017

CS/AL/jn