Bill Text: AZ SCR1033 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Supplemental death benefits; surcharge
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-27 - Senate read second time [SCR1033 Detail]
Download: Arizona-2022-SCR1033-Introduced.html
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REFERENCE TITLE: supplemental death benefits; surcharge |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SCR 1033 |
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Introduced by Senator Rogers
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to supplemental benefits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to supplemental benefits, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending section 12-116.01, Arizona Revised Statutes; amending title 38, chapter 8, Arizona Revised Statutes, by adding article 4; relating to supplemental benefits.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-116.01, Arizona Revised Statutes, is amended to read:
12-116.01. Surcharges; remittance reports; fund deposits
A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty-two percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. In addition to any penalty provided by law, a surcharge shall be levied in an amount of seven eight percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
C. In addition to any penalty provided by law, a surcharge shall be levied in an amount of six percent, on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
D. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection G of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
E. After addition of the surcharge, the courts may round the total amount due to the nearest one-quarter dollar.
F. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
H. The appropriate authorities specified in subsection G of this section shall transmit the surcharge prescribed in subsection A of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41-2401.
I. The appropriate authorities specified in subsection G of this section shall transmit the seven eight percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month. for allocation The state treasurer shall:
1. Allocate seven percent of the surcharge prescribed in subsection B of this section pursuant to section 41-2421, subsection J.
2. Deposit, pursuant to sections 35-146 and 35-147, one percent of the surcharge prescribed in subsection B of this section in the state supplemental benefit fund established by section 38-1173.
J. The appropriate authorities specified in subsection G of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the department of public safety forensics fund established by section 41-1730.
K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I and J of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 2. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. SUPPLEMENTAL BENEFITS
38-1171. Definitions
In this article, unless the context otherwise requires:
1. "Eligible person" means a resident of this state who is a United States citizen, born or naturalized, or a foreign citizen who is legally authorized to work in the United States and who is any of the following:
(a) A police officer, firefighter, county sheriff or deputy or state highway patrol officer who is a member of the public safety personnel retirement system established by chapter 5, article 4 of this title or the public safety personnel defined contribution retirement plan established pursuant to chapter 5, article 4.1 of this title.
(b) An emergency medical care technician as defined in section 36-2201.
(c) A state correctional officer who is employed by the state department of corrections.
(d) A United States border patrol agent who is assigned to an Arizona sector.
(e) A member of the ARizona army national guard.
(f) A private prison security officer as defined in section 13-1210.
(g) A parole or probation officer.
(h) A police officer who is employed by an Indian reservation police agency in this state.
(i) A firefighter who is employed by an indian reservation firefighting agency in this state.
(j) A firefighter who volunteers with this state or a political subdivision of this state.
2. "Killed in the line of duty" means the decedent's death was the direct and proximate result of the performance of the decedent's duties and does not include suicide.
38-1172. State death benefit
A. In addition to any other death benefit, if an eligible person is killed in the line of duty, this state shall pay to the decedent's surviving spouse or surviving dependent the difference of $1,000,000 and the sum of the amounts received from any onetime death benefit that is paid by any governmental entity.
B. If a single incident occurs where multiple eligible persons are killed in the line of duty, the total amount that will be paid pursuant to this section is limited to $10,000,000 for that incident. The monies shall be paid on a pro rata basis, if necessary.
38-1173. State supplemental benefit fund
The state supplemental benefit fund is established consisting of monies deposited pursuant to section 12-116.01. The fund shall be administered by the state treasurer for the purposes specified in section 38-1172. Monies in the fund are continuously appropriated.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
