|
REFERENCE TITLE: assessment; nonlethal equipment fund |
|
State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
|
|
HB 2615 |
|
|
|
Introduced by Representative Payne
|
An Act
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.12; amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding sections 41-1735 and 41-1736; relating to department of public safety.
(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 12-116.12, to read:
12-116.12. Assessment; nonlethal equipment fund
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $1 on every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a criminal violation of the motor vehicle statutes or for any local ordinance relating to the stopping, standing or operation of a vehicle.
B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and forfeitures to the city or town treasurer.
C. The city, town or county treasurer shall transmit the assessment and the remittance report to the state treasurer. The state treasurer shall deposit the assessment in the nonlethal equipment fund established by section 41-1736.
D. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations in the mitigation of a fine in section 13-825, subsection B.
Sec. 2. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding sections 41-1735 and 41-1736, to read:
41-1735. Nonlethal equipment fund advisory commission; membership; duties; recommendations
A. The nonlethal equipment fund advisory commission is established consisting of the following members:
1. One member of the senate who is appointed by the president of the senate.
2. One member of the house of representatives who is appointed by the speaker of the house of representatives.
3. The director of the department of public safety or the director's designee.
4. One member who is appointed by the Arizona association of chiefs of police.
5. One member who is appointed by the Arizona sheriffs association.
6. One member who is appointed by the director of the Arizona state troopers association.
7. One member who is appointed by the director of the Arizona police association.
B. Members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section serve three-year terms. The members of the commission shall annually elect a chairperson and vice chairperson from among the voting members. The commission shall meet on the call of the chairperson but at least once each fiscal year. No actions may be taken without a quorum present. Members who are appointed pursuant to subsection A, paragraphs 1 and 2 of this section shall serve as advisory nonvoting members of the commission.
C. Members are not eligible to receive compensation but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. The advisory commission may use the facilities and the staff of the Arizona criminal justice commission.
E. The advisory commission may enter into interagency agreements with the Arizona criminal justice commission and other agencies for advisory commission business.
F. On or before December 1 of each year, the commission shall submit written recommendations to the president of the senate, the speaker of the house of representatives, the governor and the chairpersons of the senate commerce and public safety committee and the house of representatives judiciary and public safety committee, or their successor committees, on the allocation each fiscal year of monies in the nonlethal equipment fund established by section 41-1736. The commission shall provide a copy of the recommendations to the secretary of state.
41-1736. Nonlethal equipment fund; exemptions
A. The nonlethal equipment fund is established consisting of monies deposited pursuant to section 12-116.12. The state treasurer shall administer the fund. Monies in the fund may be used only for nonlethal equipment.
B. 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.
C. Monies in the fund Are exempt from the provisions of section 35-190 relating to lapsing of appropriations and Are subject to legislative appropriation.