HB 2120 — law enforcement; defunding; prohibition

*Sponsorship has changed since the bill was introduced Senate Engrossed House BillEngrossed law enforcement;

IF THE CITY OR TOWN REDUCES THE CITY'S OR TOWN'S ANNUAL OPERATING BUDGET PURSUANT TO THIS SUBSECTION, THE CITY OR TOWN SHALL REDUCE ALL OTHER DEPARTMENTS' OR AGENCIES' ANNUAL OPERATING BUDGETS IN THE CITY OR TOWN FIRST AND MAY NOT REDUCE THE ANNUAL OPERATING BUDGET FOR A LAW ENFORCEMENT AGENCY IN AN AMOUNT GREATER THAN THE REDUCTION TO ALL OTHER MUNICIPAL DEPARTMENTS' OR AGENCIES' ANNUAL OPERATING BUDGETS.

IF THE CITY OR TOWN REDUCES THE CITY'S OR TOWN'S ANNUAL OPERATING BUDGET PURSUANT TO SUBSECTION C OF THIS SECTION, THE CITY OR TOWN SHALL REDUCE ALL OTHER DEPARTMENTS' OR AGENCIES' ANNUAL OPERATING BUDGETS IN THE CITY OR TOWN BY AT LEAST FIFTY PERCENT OR AT THE SAME AMOUNT AS THE LAW ENFORCEMENT AGENCY'S ANNUAL OPERATING BUDGET.

THE CITY OR TOWN MAY NOT REDUCE THE ANNUAL OPERATING BUDGET FOR A LAW ENFORCEMENT AGENCY FIRST.

E.

Sec.- 1 - H.B.

2120 Sec.

-1. 1 - H.B.

2120 1.

(b) The proportion that the distribution base monies collected during the calendar month in each county under this article, section 42-5164, subsection B and section 42-5205, subsection B bear to the total distribution base monies collected under this article, section 42-5164, subsection- B2 and- sectionH.B. 42-5205, subsection B throughout the state for the calendar month.

2120 subsection B and section 42-5205, subsection B throughout the state for the calendar month.

(i) The proportion that the assessed valuation used to determine secondary property taxes of each county, after deducting that part of the assessed valuation that is exempt from taxation at the beginning of the -month 2for -which H.B.the amount is to be paid, bears to the total assessed valuations used to determine secondary property taxes of all the counties after deducting that portion of the assessed valuations that is exempt from taxation at the beginning of the month for which the amount is to be paid.

2120 month for which the amount is to be paid, bears to the total assessed valuations used to determine secondary property taxes of all the counties after deducting that portion of the assessed valuations that is exempt from taxation at the beginning of the month for which the amount is to be paid.

(c) The firearms safety and ranges fund established by section 17-273,- fifty3 thousand- dollarsH.B. $50,000 derived from the taxes collected from the retail classification pursuant to section 42-5061 for the current fiscal year.

2120 17-273, fifty thousand dollars $50,000 derived from the taxes collected from the retail classification pursuant to section 42-5061 for the current fiscal year.

The monies distributed pursuant to this subsection are in addition to any other appropriation, transfer or -other 3allocation -of H.B.public or private monies from any other source and shall not supplant, replace or cause a reduction in other school district, charter school, university or community college funding sources.

2120 other allocation of public or private monies from any other source and shall not supplant, replace or cause a reduction in other school district, charter school, university or community college funding sources.

5.- 4 - H.B.

2120 5.

-(c) 4In -fiscal H.B.year 2003-2004, $48,727,700.

2120 (c) In fiscal year 2003-2004, $48,727,700.

The department shall credit the remainder of the monies in the transaction privilege and severance tax clearing account to the state general- fund,5 subject- toH.B. any distribution required by section 42-5030.01.

2120 general fund, subject to any distribution required by section 42-5030.01.

Each -city's, 5town's -and H.B.county's proportionate share of the costs shall be based on the amount of the original tax payment each municipality and county received.

2120 city's, town's and county's proportionate share of the costs shall be based on the amount of the original tax payment each municipality and county received.

Except as otherwise provided by this subsection, on notice from the department of revenue pursuant to section 42-6010, subsection B, the state treasurer shall withhold from the distribution of monies pursuant to this section to the affected city or town the amount of the penalty for business location municipal tax incentives provided by the city or town to a business entity that locates a retail business facility in the city or town.- 6 - H.B.

2120 town.

The state treasurer shall not withhold any amount that the city or town certifies to the department of revenue and the state treasurer as being necessary to make any required deposits or -payments 6for -debt H.B.service on bonds or other long-term obligations of the city or town that were issued or incurred before the location incentives provided by the city or town.

2120 payments for debt service on bonds or other long-term obligations of the city or town that were issued or incurred before the location incentives provided by the city or town.

THE STATE TREASURER SHALL NOT WITHHOLD ANY AMOUNT- THAT7 THE- CITYH.B. OR TOWN CERTIFIES AS BEING NECESSARY TO MAKE ANY REQUIRED DEPOSITS OR PAYMENTS FOR DEBT SERVICE ON BONDS OR OTHER LONG-TERM OBLIGATIONS OF THE CITY OR TOWN THAT WERE ISSUED OR INCURRED BEFORE THE REDUCTION IN THE LAW ENFORCEMENT AGENCY'S BUDGET.

2120 AMOUNT THAT THE CITY OR TOWN CERTIFIES AS BEING NECESSARY TO MAKE ANY REQUIRED DEPOSITS OR PAYMENTS FOR DEBT SERVICE ON BONDS OR OTHER LONG-TERM OBLIGATIONS OF THE CITY OR TOWN THAT WERE ISSUED OR INCURRED BEFORE THE REDUCTION IN THE LAW ENFORCEMENT AGENCY'S BUDGET.

-M. 7 - H.B.

2120 M.

On notification by the department, the state treasurer shall distribute the monies deposited in the transaction privilege and severance tax clearing account in the manner prescribed by this section and by sections- 42-51648 and- 42-5205,H.B. after deducting warrants drawn against the account pursuant to sections 42-1118 and 42-1254.

2120 sections 42-5164 and 42-5205, after deducting warrants drawn against the account pursuant to sections 42-1118 and 42-1254.

Pay twenty-five percent to the various incorporated municipalities in this state in proportion to their population to be used -by 8the -municipalities H.B.for any municipal purpose, except a municipality shall use monies paid from revenues separately accounted for pursuant to subsection A, paragraph 6 of this section and paid pursuant to this paragraph for public safety before any other municipal purpose.

2120 by the municipalities for any municipal purpose, except a municipality shall use monies paid from revenues separately accounted for pursuant to subsection A, paragraph 6 of this section and paid pursuant to this paragraph for public safety before any other municipal purpose.

(b) If the proportion computed under subdivision (a) of this paragraph for any county is greater than the proportion computed under paragraph 2 of this subsection, the department shall compute the difference between the amount distributed to that county under paragraph 2 of- this9 subsection- andH.B. the amount that would have been distributed under paragraph 2 of this subsection using the proportion computed under subdivision (a) of this paragraph and shall pay that difference to the county from the amount available for distribution under this paragraph.

Any2120 moniesof remainingthis aftersubsection alland paymentsthe amount that would have been distributed under paragraph 2 of this subsection using the proportion computed under subdivision (a) of this paragraph and shall bepay -that 9difference -to H.B.the county from the amount available for distribution under this paragraph.

2120Any monies remaining after all payments under this subdivision shall be distributed among the counties according to the proportions computed under paragraph 2 of this subsection.