ARS 36-2856: Smart and safe Arizona fund

(Caution: 1998 Prop. 105 applies)

A. The smart and safe Arizona fund is established consisting of all monies deposited pursuant to sections 36-2853, 36-2854, 36-2859, 42-5452 and 42-5453, private donations and interest earned on those monies. Monies in the fund are continuously appropriated. Monies in the fund and its accounts may not be transferred to any other fund except as provided in this section, do not revert to the state general fund and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. The state treasurer shall administer the fund.

B. All monies in the smart and safe Arizona fund must first be spent, and the state treasurer shall transfer monies from the fund, to pay:

1. The actual reasonable costs incurred by the department to implement, carry out and enforce this chapter and rules adopted pursuant to this chapter.

2. The actual reasonable costs incurred by the department of revenue to impose and enforce the tax authorized and levied by section 42-5452.

3. The actual reasonable costs incurred by the supreme court and the department of public safety to process petitions for expungement and expungement orders pursuant to section 36-2862 and to otherwise implement section 36-2862.

4. The actual reasonable costs incurred by the state treasurer to administer the fund.

5. Any other mandatory expenditure of state revenues required by this chapter to implement or enforce the provisions of this chapter.

C. The state treasurer may prescribe forms necessary to make transfers from the smart and safe Arizona fund pursuant to subsection B of this section.

D. On or before June 30 and December 31 of each year, the state treasurer shall transfer all monies in the smart and safe Arizona fund in excess of the amounts paid pursuant to subsection B of this section as follows:

1. Thirty-three percent to community college districts and provisional community college districts, but not to community college tuition financing districts established pursuant to section 15-1409, for the purposes of investing in and providing workforce development programs, job training, career and technical education, and science, technology, engineering and mathematics programs, as follows:

(a) Fifteen percent of the thirty-three percent divided equally between each community college district.

(b) One-half of one percent of the thirty-three percent divided equally between each provisional community college district, if one or more provisional community college districts exist.

(c) The remainder to community college districts and provisional community colleges districts in proportion to each district’s full-time equivalent student enrollment percentage of the total statewide audited full-time equivalent student enrollment in the preceding fiscal year prescribed in section 15-1466.01.

2. 31.4 percent to municipal police departments, municipal fire departments, fire districts and joint powers authorities established pursuant to title 48, chapter 5 and county sheriffs’ departments in proportion to the number of members as defined in section 38-842 for each such agency in the public safety personnel retirement system established by title 38, chapter 5, article 4 and the public safety personnel defined contribution retirement plan established pursuant to title 38, chapter 5, article 4.1, for personnel costs.

3. 25.4 percent to the Arizona highway user revenue fund established by section 28-6533.

4. Ten percent to the justice reinvestment fund established by section 36-2863.

5. 0.2 percent to the attorney general to use to enforce this chapter or to grant to localities to enforce this chapter.

E. The monies transferred and received pursuant to this section:

1. Are in addition to any other appropriation, transfer or other allocation of monies and may not supplant, replace or cause a reduction in other funding sources.

2. Are not considered local revenues for the purposes of article IX, sections 20 and 21, Constitution of Arizona.