HB 2221 — law enforcement; defunding; prohibition

Senate Engrossed House BillEngrossed law enforcement;

state preemption;

THE REGULATION OF FUNDING OF A CITY'S OR TOWN'S LAW ENFORCEMENT AGENCY IS A MATTER OF STATEWIDE CONCERN.

THE FUNDING AND PERFORMANCE CAPABILITIES OF A LAW ENFORCEMENT AGENCY DIRECTLY IMPACT PUBLIC SAFETY AND CRIME PREVENTION ACROSS THIS STATE AND ARE NOT SUBJECT TO FURTHER REGULATION BY A CITY, TOWN OR CHARTER CITY PROVISION OF THIS STATE.

E.

-Sec. 1 - H.B.

2221 Sec.

1.- 1 - H.B.

2221 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 B and section 42-5205, subsection B throughout the state for the calendar month.

2221 (b)3. 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 B and section 42-5205, subsection B throughout the state for the calendar month.

3.

-(a) 3The -department H.B.of revenue, sufficient monies to administer and enforce this article and articles 5 and 8 of this chapter.

2221 (a) The department of revenue, sufficient monies to administer and enforce this article and articles 5 and 8 of this chapter.

E.- 3 - H.B.

2221 E.

Monies distributed pursuant to this paragraph are for the exclusive purpose of providing support to one or more community colleges owned, operated or chartered by a qualifying Indian -tribe 4and -shall H.B.be used in a manner consistent with section 15-1472, subsection B.

2221 tribe and shall be used in a manner consistent with section 15-1472, subsection B.

After transferring monies pursuant to paragraphs 1, 2 and 3 of this subsection, one-twelfth of the following amounts shall be transferred each month to the department of education for the increased cost of basic state- aid4 under- sectionH.B. 15-971 due to added school days and associated teacher salary increases enacted in 2000:

2221 state aid under section 15-971 due to added school days and associated teacher salary increases enacted in 2000:

-(c) 5Forty -per H.B.cent shall be allocated for maintenance and operation purposes.

2221 (c) Forty per cent shall be allocated for maintenance and operation purposes.

Notwithstanding subsection D of this section, if a court of competent jurisdiction finally determines that tax monies distributed under- this section were illegally collected under this article or articles 5 and- 8H.B. of this chapter and orders the monies to be refunded to the taxpayer, the department shall compute the amount of such monies that was distributed to each city, town and county under this section.

2221 under this section were illegally collected under this article or articles 5 and 8 of this chapter and orders the monies to be refunded to the taxpayer, the department shall compute the amount of such monies that was distributed to each city, town and county under this section.

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 6section -to H.B.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.

2221 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.

The state treasurer shall credit any monies withheld pursuant to this subsection to the state general fund as provided by subsection D, paragraph- 46 of- thisH.B. section.

2221 paragraph 4 of this section.

EXCEPT AS OTHERWISE PROVIDED BY THIS SUBSECTION, ON NOTICE FROM THE GOVERNING BODY OF A CITY OR TOWN THAT AN OFFICIAL ACTION THAT WAS ADOPTED OR TAKEN BY THE GOVERNING BODY OF THE CITY OR TOWN REDUCES A LAW ENFORCEMENT AGENCY'S BUDGET FROM THE PREVIOUS YEAR'S BUDGET PURSUANT TO SECTION 9-500.52, THE STATE TREASURER SHALL WITHHOLD THE DISTRIBUTION OF MONIES PURSUANT TO THIS SECTION IN AN AMOUNT EQUAL TO THE REDUCTION TO THE LAW ENFORCEMENT AGENCY'S BUDGET TO THE AFFECTED CITY OR TOWN AND SHALL -CONTINUE 7TO -WITHHOLD H.B.MONIES PURSUANT TO THIS SUBSECTION UNTIL THE GOVERNING BODY OF THE CITY OR TOWN NOTIFIES THE STATE TREASURER THAT THE REDUCTION HAS BEEN RESTORED.

2221 CONTINUE TO WITHHOLD MONIES PURSUANT TO THIS SUBSECTION UNTIL THE GOVERNING BODY OF THE CITY OR TOWN NOTIFIES THE STATE TREASURER THAT THE REDUCTION HAS BEEN RESTORED.

THIS SUBSECTION DOES NOT- APPLY7 TO- AH.B. REDUCTION IN BUDGET PURSUANT TO SECTION 9-500.52, SUBSECTION C.

2221 NOT APPLY TO A REDUCTION IN BUDGET PURSUANT TO SECTION 9-500.52, SUBSECTION C.

-D. 8 - H.B.

2221 D.

On receipt of a certificate of default from the greater Arizona development authority pursuant to section 41-2257 or 41-2258, the state treasurer, to the extent not otherwise expressly prohibited by law, shall withhold from the next succeeding distribution of monies pursuant to this section- due8 to- theH.B. city or town the amount specified in the certificate of default and immediately deposit the amount withheld in the greater Arizona development authority revolving fund.

2221 section due to the city or town the amount specified in the certificate of default and immediately deposit the amount withheld in the greater Arizona development authority revolving fund.

THE STATE TREASURER SHALL NOT WITHHOLD ANY AMOUNT THAT THE CITY OR TOWN CERTIFIES AS BEING NECESSARY TO MAKE ANY -REQUIRED 9DEPOSITS -OR H.B.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.

2221 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.

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