|
Senate Engrossed |
|
State of Arizona Senate Fifty-third Legislature First Regular Session 2017
|
|
SENATE BILL 1161 |
|
|
|
|
AN ACT
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12‑116.08; amending sections 12‑284.03 and 22‑281, Arizona Revised Statutes; relating to courthouse security.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.08, to read:
12-116.08. Statewide court security fund
A. The statewide court security fund is established consisting of monies deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 10 and section 22-281, subsection C, paragraph 5. The administrative office of the courts shall administer the fund.
B. Monies in the fund:
1. Shall be used to provide assistance, training and grants to courts to meet minimum standards of courthouse security that are adopted by the supreme court.
2. Are not subject to reversion.
3. are continuously appropriated.
4. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. The supreme court may directly provide or contract for services consistent with the purposes of the fund. Monies from the fund shall supplement monies already provided to local courts for purposes that are consistent with the purposes of the fund.
D. On notice from the supreme court, 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 fund.
Sec. 2. 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. 1.31 1.28 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. 8.87 8.70 percent to the state treasurer for deposit in the domestic violence services fund established by section 36‑3002.
3. 1.93 1.89 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) 7.62 7.47 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 15.30 14.99 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 0.35 0.34 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 pursuant to section 38‑810:
(a) 23.79 23.31 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 15.30 14.99 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
7. 17.07 16.74 percent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12‑113.
8. 0.26 0.25 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) 31.29 30.66 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 32.10 31.46 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
10. 2.0 percent to the state treasurer for deposit in the statewide court security fund established by section 12‑116.08.
B. 7.51 7.36 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 of the time payment fee prescribed by section 12‑116, subsection B.
Sec. 3. 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 $ 65.00
B Subsequent case filing fee
Civil filing fees – defendant $ 35.00
C Initial case filing fee
Forcible entry and detainer filings $ 30.00
Small claims filing 23.00
D Subsequent case filing fee
Small claims answer $ 13.00
Forcible entry and detainer
filings – defendant 16.00
E Minimum clerk fee
Document and transcript transfer on appeal $ 24.00
Certification of any documents 24.00
Issuance of writs 24.00
Filing any paper or performing any act for
which a fee is not specifically prescribed 24.00
Subpoena (civil) 24.00
Research in locating a document 24.00
Seal a court file 24.00
Reopen a sealed court file 24.00
Record duplication 24.00
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) 14.02 per cent 13.74 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 15.58 per cent 15.27 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) 1.84 per cent 1.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 2.05 per cent 2.01 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 pursuant to section 38‑810:
(a) 23.79 per cent 23.31 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 15.30 per cent 14.99 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) 54.22 per cent 53.14 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 60.26 per cent 59.05 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 2.0 percent to the state treasurer for deposit in the statewide court security fund established by section 12‑116.08.
D. In counties with a population of more than five hundred thousand persons, 6.13 per cent 6.01 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 seven dollars 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, 6.81 per cent 6.68 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 seven dollars 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 per cent 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.
Sec. 4. Effective date
Section 12-116.08, Arizona Revised Statutes, as added by this act, and sections 12-284.03 and 22-281, Arizona Revised Statutes, as amended by this act, are effective from and after December 31, 2017.