Arizona 56th Legislature - First Regular Session Status: Passed House 1 R cosponsors

HB 2430 — EORP; appropriations; repayment

Last action — FAILED

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - First Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

497 added · 261 removed

Plain-language change summary

The amendments to House Bill 2430 adjust how fees collected by the clerk of the supreme court are distributed. Specifically, a portion of the revenue will now be allocated to the Elected Officials' Retirement Plan fund, helping to support the retirement benefits of public officials. This change matters because it ensures that funds from judicial fees are more effectively supporting public retirement systems, particularly for elected officials, which can impact the stability and sustainability of these retirement plans.

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Fifty-sixth Legislature Appropriations First Regular Session H.B.
House Engrossed EORP;
2430 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
appropriations;
2430 (Reference to printed bill) Page 1, between lines 1 and 2, insert:
repayment State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2430 AN ACT AMENDING SECTIONS 12-119.01, 12-120.31, 12-284.03, 22-281 AND 38-810, ARIZONA REVISED STATUTES;
"Section 1.
AMENDING TITLE 38, CHAPTER 5, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 38-824;
REPEALING SECTION 38-824, ARIZONA REVISED STATUTES;
AMENDING SECTION 41-178, ARIZONA REVISED STATUTES;
APPROPRIATING MONIES;
RELATING TO PUBLIC RETIREMENT SYSTEMS.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
2430 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Class Description Fee A Initial case filing fee Petitions for review and cross petitions for review $ 140.00 Direct appeals and cross appeal appellant 140.00 Special actions petitioner 140.00 B Subsequent case filing fee Intervenors direct appeals and special action $ 70.00 Direct appeals appellee 70.00 Special actions respondent 70.00 Response to petition for review 70.00 E Minimum clerk fee Certifications alone $ 17.00 House Amendments to H.B.
Class Description Fee A Initial case filing fee Petitions for review and cross petitions for review $ 140.00 Direct appeals and cross appeal appellant 140.00 Special actions petitioner 140.00 B Subsequent case filing fee Intervenors direct appeals and special action $ 70.00 Direct appeals appellee 70.00 Special actions respondent 70.00 Response to petition for review 70.00 E Minimum clerk fee Certifications alone $ 17.00 Certificate of good standing Certificates 17.00 F Per page fee Copies — each page $ .50 G Special fees New and duplicate certificates $ 35.00 B.
2430 Certificate of good standing Certificates 17.00 F Per page fee Copies — each page $ .50 G Special fees New and duplicate certificates $ 35.00 B.
Sec.
- 1 - H.B.
2430 Sec.
The retained monies shall be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the court, to improve court automation and to improve case processing or the -2- House Amendments to H.B.
The retained monies shall be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the court, to improve court automation and to improve case processing or the administration of justice.
2430 administration of justice.
4.
- 2 - H.B.
2430 4.
-3- House Amendments to H.B.
(a) 7.02 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
2430 (a) 7.02 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
-4- House Amendments to H.B.
Sec.
2430 Sec.
Class Description Fee A Initial case filing fee Civil filing fees $ 73.00 B Subsequent case filing fee Civil filing fees — defendant $ 40.00 C Initial case filing fee Forcible entry and detainer filings $ 35.00 Small claims filing 25.00 D Subsequent case filing fee Small claims answer $ 15.00 E Minimum clerk fee Document and transcript transfer on appeal $ 28.00 Certification of any documents 28.00 Issuance of writs 28.00 Filing any paper or performing any act for which a fee is not specifically prescribed 28.00 Subpoena (civil) 28.00 Research in locating a document 28.00 Seal a court file 28.00 Reopen a sealed court file 28.00 Record duplication 28.00 F Per page fee Copies of any documents per page $ 0.50 G Special fees Small claims service by mail $ 8.00 -5- House Amendments to H.B.
Class Description Fee A Initial case filing fee Civil filing fees $ 73.00 B Subsequent case filing fee Civil filing fees — defendant $ 40.00 - 3 - H.B.
2430 B.
2430 C Initial case filing fee Forcible entry and detainer filings $ 35.00 Small claims filing 25.00 D Subsequent case filing fee Small claims answer $ 15.00 E Minimum clerk fee Document and transcript transfer on appeal $ 28.00 Certification of any documents 28.00 Issuance of writs 28.00 Filing any paper or performing any act for which a fee is not specifically prescribed 28.00 Subpoena (civil) 28.00 Research in locating a document 28.00 Seal a court file 28.00 Reopen a sealed court file 28.00 Record duplication 28.00 F Per page fee Copies of any documents per page $ 0.50 G Special fees Small claims service by mail $ 8.00 B.
3.
- 4 - H.B.
2430 3.
-6- House Amendments to H.B.
4.
2430 4.
The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent 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." Renumber to conform Page 1, line 20, after the period insert "THROUGH JUNE 30, 2023," Line 23, after the period insert "BEGINNING JULY 1, 2023, THE MONIES COLLECTED PURSUANT TO THIS SUBSECTION SHALL BE DISTRIBUTED BY THE BOARD PURSUANT TO SUBSECTION J OF THIS SECTION." Page 2, line 34, after the period insert "THROUGH JUNE 30, 2023," -7- House Amendments to H.B.
The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent 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.
2430 Page 3, between lines 35 and 36, insert:
Sec.
"J.
5.
Section 38-810, Arizona Revised Statutes, is amended to read:
38-810.
Contributions;
appropriations A.
Each member shall contribute to the fund an amount equal to the amount prescribed in subsection G of this section.
Contributions of members shall be made by payroll deductions.
Every member is deemed to consent to these deductions.
Payment of a member's compensation, less these payroll deductions, constitutes a full and complete discharge and satisfaction of all claims and demands by the member relating to remuneration for the member's services rendered during the period covered by the payment, except with respect to the benefits provided under the plan.
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A member may not, under any circumstance, borrow from, take a loan - 5 - H.B.
2430 against or remove contributions from the member's account before the termination of membership in the plan or the receipt of a pension.
B.
The board's office shall be credited monthly with monies collected pursuant to section 12-119.01, subsection B, paragraph 2, section 12-120.31, subsection D, paragraph 2, section 12-284.03, subsection A, paragraph 6, section 22-281, subsection C, paragraph 3 and section 41-178.
THROUGH JUNE 30, 2023, the monies credited to the fund pursuant to this subsection shall be deposited in the fund on a monthly basis, and there shall be a complete accounting of the determination of these monies deposited in the fund.
BEGINNING JULY 1, 2023, THE MONIES COLLECTED PURSUANT TO THIS SUBSECTION SHALL BE DISTRIBUTED BY THE BOARD PURSUANT TO SUBSECTION J OF THIS SECTION.
C.
Beginning on July 1, 2018, as determined by actuarial valuations performed by the plan's actuary each employer shall make contributions on a level percent of compensation basis for all employees of the employer who are either members under this article, article 3.1 of this chapter or article 2 of this chapter pursuant to section 38-727, subsection B sufficient under the actuarial valuation to meet both the normal cost plus the actuarially determined amount required to amortize the unfunded accrued liability over a closed period of at least twenty and not more than thirty years that is established by the board taking into account the recommendation of the plan's actuary and the employer's contribution under the elected officials' defined contribution retirement system established pursuant to article 3.1 of this chapter and the employer's contribution under article 2 of this chapter for members who are eligible pursuant to section 38-727, subsection B.
The employer also shall pay the amount required by section 38-797.05 for members under article 2 of this chapter who are eligible pursuant to section 38-727, subsection B and the amount required by article 3.2 of this chapter for members under article 3.1 of this chapter.
The monies deposited in the fund pursuant to subsection B of this section shall be used to supplement the contributions required of all employers under the plan.
The employer level percent compensation contribution that is paid pursuant to this subsection, less the amount contributed by the employer pursuant to section 38-833 and section 38-737 for members eligible pursuant to section 38-727, subsection B, shall not be used to pay for an increase in benefits that is otherwise payable to members but shall be used to meet the normal cost plus an amount to amortize the unfunded accrued liability.
D.
In any fiscal year, an employer's contribution to the plan in combination with member contributions may not be less than the actuarially determined normal cost for that fiscal year.
After the close of any fiscal year, if the plan's actuary determines that the actuarial valuation of the fund contains excess valuation assets and is more than one hundred percent funded, the board shall account for fifty percent of the excess valuation assets in a stabilization reserve account.
After the close of - 6 - H.B.
2430 any fiscal year, if the plan's actuary determines that the actuarial valuation of the fund has a valuation asset deficiency and an unfunded actuarial accrued liability, the board shall use any valuation assets in the stabilization reserve account, to the extent available, to limit the decline in the fund's funding ratio to not more than two percent.
E.
The department of administration and the treasurer of each county and participating city and town shall transfer to the board the contributions provided for in subsections A and C of this section within ten working days after each payroll date.
The state, county treasurers and clerks of the superior court shall transfer the monies credited under subsection B of this section to the board on or before the fifteenth day of each calendar month that follows the month in which the court fees were collected.
Contributions and monies credited under subsection B of this section and transferred after these dates shall include a penalty equal to ten percent a year, compounded annually, for each day that the contributions or monies credited under subsection B of this section are late.
Delinquent payments due under this subsection, together with interest charges as provided in this subsection and court costs, may be recovered by action in a court of competent jurisdiction against the person or persons responsible for the payments or, at the request of the board, may be deducted from any other monies, including excise revenue taxes, payable to a political subdivision by any department or agency of this state.
THROUGH JUNE 30, 2023, if requested by the board, the state, county treasurers or clerks of the superior court shall transfer the monies credited under subsection B of this section, in an amount determined by the board, directly to the qualified governmental excess benefit arrangement established pursuant to section 38-803.01.
F.
The employer shall pay the member contributions required of members on account of compensation earned after August 7, 1985.
The paid contributions shall be treated as employer contributions for the purpose of determining tax treatment under the United States internal revenue code.
The effective date of the employer payment shall not be before the date the retirement plan has received notification from the United States internal revenue service that pursuant to section 414(h) of the United States internal revenue code the member contributions paid will not be included in gross income for income tax purposes until the paid contributions are distributed by refund or pension payments.
The employer shall pay the member contributions from monies established and available in the retirement deduction account, which monies would otherwise have been designated as member contributions and paid to the retirement plan.
Member contributions paid pursuant to this subsection shall be treated for all other purposes, in the same manner and to the same extent, as member contributions made before August 7, 1985.
- 7 - H.B.
2430 G.
An elected official who became a member of the plan before July 20, 2011 shall contribute seven percent of the member's gross salary pursuant to subsection A of this section.
The amount contributed pursuant to subsection A of this section by an elected official who became a member of the plan on or after July 20, 2011 is:
1.
For fiscal year 2011-2012, ten percent of the member's gross salary.
2.
For fiscal year 2012-2013, eleven and one-half percent of the member's gross salary.
3.
For fiscal year 2013-2014 and each fiscal year thereafter, thirteen percent of the member's gross salary.
H.
For fiscal year 2011-2012 and each fiscal year thereafter, the amount of the member's contribution that exceeds seven percent of the member's compensation shall not be used to reduce the employer's contributions that are calculated pursuant to subsection C of this section.
I.
In fiscal years 2013-2014 through 2042-2043 2022-2023, the sum of $5,000,000 is appropriated in each fiscal year from the state general fund to the elected officials' retirement plan fund to supplement the normal cost plus an amount to amortize the unfunded accrued liability pursuant to subsection C of this section.
Monies appropriated pursuant to this subsection shall not be used to pay for an increase in benefits that is otherwise payable to members and shall only be used as specified in this subsection.
Monies appropriated pursuant to this subsection are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
J.
AFTER TRANSFERRING MONIES PURSUANT TO PARAGRAPH 1 OF THIS SUBSECTION, ON OR BEFORE JUNE 30, THE BOARD SHALL TRANSFER ANY REMAINING MONIES COLLECTED DURING A FISCAL YEAR TO THE STATE GENERAL FUND." Page 5, strike lines 9 through 12, insert:
AFTER TRANSFERRING MONIES PURSUANT TO PARAGRAPH 1 OF THIS SUBSECTION, ON OR BEFORE JUNE 30, THE BOARD SHALL TRANSFER ANY REMAINING MONIES COLLECTED DURING A FISCAL YEAR TO THE STATE GENERAL FUND.
"Sec.
Sec.
6.
Title 38, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 38-824, to read:
38-824.
Repayment;
local governments;
pension liability;
payment schedule;
treasurer notification A.
FROM AND AFTER JUNE 30, 2023 THROUGH JUNE 30, 2033, THE FOLLOWING AMOUNTS SHALL BE PAID ANNUALLY BY THE FOLLOWING CITIES, TOWNS AND COUNTIES TO REPAY THIS STATE FOR THE AMOUNTS PAID IN FISCAL YEAR 2022-2023 ON THE LOCAL GOVERNMENTS' BEHALF TO THE ELECTED OFFICIALS' RETIREMENT PLAN FOR UNFUNDED ACCRUED LIABILITY:
- 8 - H.B.
2430 1.
APACHE COUNTY $ 138,000 2.
COCHISE COUNTY $ 464,500 3.
COCONINO COUNTY $ 456,000 4.
GILA COUNTY $ 134,900 5.
GRAHAM COUNTY $ 113,100 6.
GREENLEE COUNTY $ 49,300 7.
LA PAZ COUNTY $ 61,500 8.
MARICOPA COUNTY $11,995,200 9.
MOHAVE COUNTY $ 1,187,200 10.
NAVAJO COUNTY $ 616,600 11.
PIMA COUNTY $ 4,052,900 12.
PINAL COUNTY $ 1,828,200 13.
SANTA CRUZ COUNTY $ 122,200 14.
YAVAPAI COUNTY $ 727,200 15.
YUMA COUNTY $ 786,200 16.
CITY OF TUCSON $ 151,700 17.
CITY OF SAFFORD $ 41,800 18.
TOWN OF MARANA $ 95,100 19.
TOWN OF GILBERT $ 133,300 20.
TOWN OF SAHUARITA $ 38,200 21.
CITY OF PHOENIX $ 455,100 22.
CITY OF SURPRISE $ 159,800 23.
CITY OF SAN LUIS $ 74,800 24.
CITY OF SCOTTSDALE $ 137,100 25.
CITY OF FLAGSTAFF $ 139,700 26.
CITY OF SOUTH TUCSON $ 14,800 27.
CITY OF TEMPE $ 196,600 28.
CITY OF MESA $ 248,700 29.
CITY OF GLENDALE $ 188,600 30.
CITY OF AVONDALE $ 59,700 31.
CITY OF APACHE JUNCTION $ 59,500 32.
CITY OF PEORIA $ 131,400 33.
CITY OF TOLLESON $ 86,800 34.
CITY OF GLOBE $ 26,300 35.
CITY OF CHANDLER $ 196,900 36.
CITY OF YUMA $ 220,900 37.
TOWN OF THATCHER $ 26,000 B.
NOT LATER THAN JANUARY 15 OF EACH YEAR, THE STATE TREASURER SHALL ANNUALLY BILL EACH CITY, TOWN AND COUNTY SPECIFIED IN SUBSECTION A OF THIS SECTION THE AMOUNT DUE.
THE CITY, TOWN OR COUNTY MAY PAY AN ADDITIONAL AMOUNT IN ANY YEAR, AND THE ADDITIONAL AMOUNT PAID WILL BE CREDITED AGAINST THE LAST SCHEDULED REMAINING PAYMENT DUE FOR THAT CITY, TOWN OR COUNTY.
THE STATE TREASURER SHALL INCLUDE IN EACH BILLING STATEMENT THE CITY'S, TOWN'S OR COUNTY'S REMAINING PAYMENT SCHEDULE.
- 9 - H.B.
2430 C.
IF A CITY, TOWN OR COUNTY SPECIFIED IN SUBSECTION A OF THIS SECTION FAILS TO PAY THE ANNUAL REPAYMENT AMOUNT IN FULL ON OR BEFORE MARCH 15, THE STATE TREASURER SHALL WITHHOLD THE AMOUNT OWED FROM THE DISTRIBUTION OF MONIES TO THE AFFECTED CITY, TOWN OR COUNTY PURSUANT TO SECTION 42-5029 AND CONTINUE TO WITHHOLD MONIES UNTIL THE ENTIRE AMOUNT OF THE ANNUAL REPAYMENT AMOUNT HAS BEEN SATISFIED.
ALL MONIES PAID TO THE STATE TREASURER OR WITHHELD BY THE STATE TREASURER SHALL BE DEPOSITED, PURSUANT TO SECTIONS 35-146 AND 35-147, IN THE STATE GENERAL FUND.
Sec.
-8- House Amendments to H.B.
6.
2430 6.
7.51 percent shall be distributed to the county where the notary is commissioned in the same manner as the seven dollars $7 of the time payment fee prescribed by section 12-116, subsection B." Renumber to conform Amend title to conform DAVID LIVINGSTON 2430LIVINGSTON 01/31/2023 08:34 AM C:
7.51 percent shall be distributed to the county where the notary is commissioned in the same manner as the seven dollars $7 of the time payment fee prescribed by section 12-116, subsection B.
MH -9-
Sec.
9.
Appropriation;
elected officials' retirement plan;
pension liability A.
In addition to any other appropriations made in fiscal year 2022-2023, the sum of $609,054,500 is appropriated from the state general - 10 - H.B.
2430 fund in fiscal year 2022-2023 to the elected officials' retirement plan fund established by section 38-802, Arizona Revised Statutes, to pay the unfunded accrued liability for the elected officials' retirement plan.
B.
The board of trustees of the public safety personnel retirement system shall account for the appropriation made in subsection A of this section in the June 30, 2023 actuarial valuation of the elected officials' retirement plan.
The board shall account for the appropriation when calculating the employee contribution rates and the employer contribution rates pursuant to section 38-810, Arizona Revised Statutes, as amended by this act, during fiscal year 2023-2024.
Sec.
10.
Appropriation reductions;
department of administration;
fiscal year 2023-2024 A.
The sum of ($3,000,000) is reduced from appropriations made from the state general fund in fiscal year 2023-2024 to the department of administration.
This reduction shall be applied to monies the department of administration distributes to counties for required employer contributions to the elected officials' retirement plan.
B.
The sum of ($9,488,300) is reduced from appropriations made from the state general fund in fiscal year 2023-2024 to the judiciary—superior court judges' compensation line item.
C.
The sum of ($3,115,900) is reduced from appropriations made from the state general fund in fiscal year 2023-2024 to the judiciary—court of appeals as follows:
1.
($2,114,400) division one line item.
2.
($1,001,500) division two line item.
D.
The following sums are reduced from appropriations made from the state general fund in fiscal year 2023-2024 to the following agencies' operating lump sum appropriation line item:
1.
Attorney general ($ 52,700) 2.
Corporation commission ($232,800) 3.
Superintendent of public instruction ($ 49,800) 4.
Office of the governor ($ 55,600) 5.
Judiciary — supreme court ($844,600) 6.
Legislature — senate ($421,700) 7.
Legislature — house of representatives ($843,400) 8.
State mine inspector ($ 29,300) 9.
Department of state — secretary of state ($ 41,000) 10.
State treasurer ($ 41,000) Sec.
11.
Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
- 11 -
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Action History

  1. FAILED

  2. DPA

  3. Senate Second Reading

  4. Senate First Reading

  5. Transmit to Senate

  6. PASSED

  7. DPA

  8. DPA

  9. DP

  10. House Second Reading

  11. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 53 Yea · 7 Nay
Party YeaNayPresentNot Voting
Democrat 13500
Republican 22000
Unaffiliated 18200
Total 53700
% of votes cast 88%12%0%0%
How each member voted (60)
Member Party Vote
Amish Shah — Yea
Andres Cano — Yea
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Yea
Laura Terech — Yea
Leezah Elsa Sun — Yea
Liz Harris — Yea
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Travis W. Grantham — Yea
Alma Hernandez Democrat Yea
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Yea
Consuelo Hernandez Democrat Yea
Flavio Bravo Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Yea
Mariana Sandoval Democrat Yea
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Seth Blattman Democrat Yea
Stacey Travers Democrat Yea
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

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Subjects

finance
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Frequently asked questions

Who sponsors HB 2430?
HB 2430 is sponsored by David Livingston (Republican).
What is the current status of HB 2430?
This bill died with 56th Legislature - First Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2430?
Track HB 2430 free on One Click Politics — get push/email alerts when it moves.

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