Bill Text: AZ HB2103 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Service providers; domestic violence
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-04-05 - Chapter 94 [HB2103 Detail]
Download: Arizona-2016-HB2103-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 94
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HOUSE BILL 2103 |
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AN ACT
amending sections 12-116.06, 12-284.03, 36-3001 and 36-3002, Arizona Revised Statutes; repealing sections 36-3003 and 36-3004, Arizona Revised Statutes; amending sections 36-3005, 36-3006, 36-3007, 36-3008, 41-178 and 43-618, Arizona Revised Statutes; relating to domestic violence services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-116.06, Arizona Revised Statutes, is amended to read:
12-116.06. Assessment for family offenses, harassment and stalking
In addition to any other penalty, fine, fee, or assessment authorized by law, a person
who is convicted of a violation of section 13-2921, 13‑2921.01 or 13‑2923
or an offense listed in title 13, chapter 36 shall pay an additional assessment
of fifty dollars to be deposited by the state treasurer in the domestic
violence shelter services fund established by section 36‑3002.
This assessment is not subject to any surcharge. If the conviction occurred in
the superior court or a justice court, the court shall transmit the assessed
monies to the county treasurer. If the conviction occurred in a municipal
court, the court shall transmit the assessed monies to the city treasurer. The
city or county treasurer shall transmit the monies received to the state
treasurer.
Sec. 2. Section 12-284.03, Arizona Revised Statutes, is amended to read:
12-284.03. Distribution of fees
A. Excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12‑284, subsection K as follows:
1. 1.31 per cent
percent to the state
treasurer for deposit in the drug and gang enforcement account established by
section 41‑2402 for the purposes of section 41‑2402, subsection G.
2. 8.87 per cent
percent to the state
treasurer for deposit in the domestic violence shelter
services fund
established by section 36‑3002.
3. 1.93 per cent
percent to the state
treasurer for deposit in the child abuse prevention fund established by section
8‑550.01.
4. In the county law library fund established by section 12‑305, either:
(a) 7.62 per cent
percent if the county
treasurer is serving in a county with a population of more than five hundred
thousand persons according to the most recent United
States decennial census.
(b) 15.30 per cent
percent if the county
treasurer is serving in a county with a population of five hundred thousand
persons or less according to the most recent United
States decennial census.
5. 0.35 per cent
percent to the state
treasurer for deposit in the alternative dispute resolution fund established by
section 12‑135.
6. To the elected officials' retirement plan fund established by section 38‑802, either of the following percentages, which shall be distributed to the fund pursuant to section 38‑810:
(a) 23.79 per cent
percent if the county
treasurer is serving in a county with a population of more than five hundred
thousand persons according to the most recent United
States decennial census.
(b) 15.30 per cent
percent if the county
treasurer is serving in a county with a population of five hundred thousand
persons or less according to the most recent United
States decennial census.
7. 17.07 per cent
percent to the state
treasurer for deposit in the judicial collection enhancement fund established
by section 12‑113.
8. 0.26 per cent
percent to the state
treasurer for deposit in the confidential intermediary and fiduciary fund
established by section 8‑135.
9. In the county general fund, the following percentages:
(a) 31.29 per cent
percent if the county
treasurer is serving in a county with a population of more than five hundred
thousand persons according to the most recent United
States decennial census.
(b) 32.10 per cent
percent if the county
treasurer is serving in a county with a population of five hundred thousand
persons or less according to the most recent United
States decennial census.
B. 7.51 per cent
percent of the monies
transmitted, distributed or deposited pursuant to subsection A of this section
shall be kept and used by the court collecting the fees in the same manner as
the seven dollars of the time payment fee prescribed by section 12‑116,
subsection B.
Sec. 3. Heading change
The chapter heading of title 36, chapter 30, Arizona Revised Statutes, is changed from "SHELTERS FOR DOMESTIC VIOLENCE VICTIMS" to "DOMESTIC VIOLENCE SERVICES".
Sec. 4. Section 36-3001, Arizona Revised Statutes, is amended to read:
36-3001. Definitions
In this chapter, unless the context otherwise requires:
1. "Administration" means the community services administration in the department of economic security.
2. "Domestic violence" means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm.
3. "Domestic violence service provider" means a facility whose primary purpose is to provide services to family or household members who are victims of domestic violence, including:
(a) Shelter for victims of domestic violence.
(b) Domestic violence victim advocacy.
(c) Other support services for domestic violence victims.
3. 4. "Family or
household member" means a spouse, a former spouse, a parent, a child or other another
adult person related by consanguinity or affinity who is residing or has
resided or has a child or children in common with the person committing the
domestic violence and dependents of such persons.
4. 5. "Fund"
means the domestic violence shelter services fund.
5. 6. "Program
administrator" means the program administrator of the community services
administration in the department of economic security.
6. 7. "Shelter
for victims of domestic violence" or "shelter" means a facility
providing temporary residential service or facilities to family or household
members who are victims of domestic violence.
Sec. 5. Section 36-3002, Arizona Revised Statutes, is amended to read:
36-3002. Domestic violence services fund; purpose
A. The domestic violence shelter services fund is
established consisting of monies received pursuant to section 12‑116.06,
section 12‑284.03, subsection A, paragraph 2, and
section 41‑178 and
section 43‑618. The program administrator shall administer the
fund for the purposes prescribed in this section.
B. The department of economic security, after full
consultation with a statewide coalition against domestic violence, shall
establish program priorities for the fund. Subject to legislative
appropriation, the department shall expend monies in the fund to provide
financial assistance to shelters service providers for
victims of domestic violence through contracts for shelter
services.
C. Monies in the fund do not revert to the state general fund.
Sec. 6. Repeal
Sections 36-3003 and 36-3004, Arizona Revised Statutes, are repealed.
Sec. 7. Section 36-3005, Arizona Revised Statutes, is amended to read:
36-3005. Domestic violence service provider requirements for eligibility
A. To be eligible to receive fund monies under this
chapter, a shelter domestic violence service provider shall:
1. Provide crisis interventions and advocacy and support services for victims of domestic violence and their dependent children.
2. Provide victims of domestic violence with information and referrals for community based services.
3. Require persons employed by or volunteering services to the shelter to maintain the confidentiality of any information that would identify persons served by the shelter.
4. Meet existing
licensing requirements, if any. adhere to statewide service standards for domestic violence
programs that are approved by the department of economic security in
collaboration with a state coalition against domestic violence.
B. A shelter for victims
of domestic violence
domestic violence service provider does not qualify for fund monies if
it discriminates in its admissions or provision of services on the basis of
race, religion, color, age, disability,
marital status, national
origin or ancestry.
Sec. 8. Section 36-3006, Arizona Revised Statutes, is amended to read:
36-3006. Methodology for allocation of fund monies
A. If the program administrator receives applications from more than one eligible shelter, and the requests for fund monies exceed the amount of fund monies available, fund monies shall be allocated based on the priorities established by the department of economic security and a state coalition against domestic violence and including the following priorities:
1. To shelters receiving monies from this fund as of April 24, 1994.
2. To shelters not receiving monies from this fund as of April 24, 1994.
B. After full
consultation with a state coalition against domestic violence, the department shall
develop a weighted methodology for allocation of funding that includes the priorities prescribed in subsection A and that,
at a minimum, considers the following:
1. The need for services.
2. Existing services.
3. Geographic location.
4. Population ratios.
Sec. 9. Section 36-3007, Arizona Revised Statutes, is amended to read:
36-3007. Annual report
A. The department of economic security shall file an annual report with the governor, the speaker of the house of representatives and the president of the senate on or before October 1 and shall provide a copy of this report to the secretary of state. In preparing the report the department shall fully consult with a state coalition against domestic violence.
B. The report shall include the following
information from each shelter program domestic violence service provider
that receives monies pursuant to this chapter:
1. The population served.
2. The services provided.
3. The unmet needs of persons who receive services.
C. Information contained in the report shall not
identify any person served by a shelter service provider or enable
any person to determine the identity of any such person.
Sec. 10. Section 36-3008, Arizona Revised Statutes, is amended to read:
36-3008. Services for victims of domestic violence; personnel; fingerprinting; confidentiality; notification
A. Employees and volunteers of a shelter for victims of domestic violence, as defined in section 36‑3001, service provider shall have
valid fingerprint clearance cards that are issued pursuant to title 41, chapter
12, article 3.1 or shall apply for a fingerprint clearance card within seven
working days of employment or beginning volunteer work. Federally
recognized Indian tribes or military bases may submit and the department shall
accept certifications that state that employees of a shelter for victims of domestic violence service provider who are
employed by a shelter domestic violence service provider and
who provide services directly to victims of domestic violence have not been
convicted of, have not admitted committing or are not awaiting trial on any
offense under subsection B, paragraph 1 of this section.
B. Personnel shall certify on forms that are provided by the department and notarized that:
1. They are not awaiting trial on and have never been convicted of or admitted committing any of the criminal offenses listed in section 41‑1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.
2. They have not been denied a license to operate a shelter for cause facility that provides services for domestic violence
victims in this state or another state or had a license to operate a shelter facility that provides services for domestic violence victims
revoked.
C. The notarized forms are confidential.
D. The shelter domestic violence service provider
shall make good faith efforts to contact previous employers to obtain
information or recommendations that may be relevant to an individual's fitness
to work in the shelter for the provider.
E. The department of
health services a
domestic violence service provider shall notify the department of public
safety if the department of health services
provider receives
credible evidence that a person who possesses a fingerprint clearance card
either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection B of this section.
Sec. 11. Section 41-178, Arizona Revised Statutes, is amended to read:
41-178. Distribution of notary bond fees
The state treasurer shall transmit, distribute or deposit all monies received pursuant to section 41‑126, subsection A, paragraphs 11 and 12 as follows:
1. 1.31 per cent
percent for deposit in
the drug and gang enforcement account established by section 41‑2402 for
the purposes of section 41-2402, subsection G.
2. 8.87 per cent
percent for deposit in
the domestic violence shelter services fund established by
section 36‑3002.
3. 1.93 per cent
percent for deposit in
the child abuse prevention fund established by section 8‑550.01.
4. 7.62 per cent
percent for
proportional deposit in each county's law library fund established by section
12-305, based on the number of notaries commissioned per county.
5. 0.35 per cent
percent for deposit in
the alternative dispute resolution fund established by section 12‑135.
6. 23.79 per cent
percent for deposit in
the elected officials' retirement plan fund established by section 38‑802,
which shall be distributed to the fund pursuant to section 38‑810.
7. 17.07 per cent
percent for deposit in
the judicial collection enhancement fund established by section 12‑113.
8. 0.26 per cent
percent for deposit in
the confidential intermediary and fiduciary fund established by section 8‑135.
9. 31.29 per cent
percent for deposit in
the notary bond fund established by section 41‑314.
10. 7.51 per cent
percent shall be
distributed to the county where the notary is commissioned in the same manner
as the seven dollars of the time payment fee prescribed by section 12‑116,
subsection B.
Sec. 12. Section 43-618, Arizona Revised Statutes, is amended to read:
43-618. Contribution to domestic violence services fund
A. The department shall provide a space on the
individual income tax return form in which the taxpayer may designate an amount
of the taxpayer's refund as a voluntary contribution to the domestic violence shelter services fund established pursuant
to by section
36‑3002.
B. After subtracting any setoff for debts pursuant to section 42‑1122, the department of revenue shall subtract the designated amount from the refund due the taxpayer and transfer it to the department of economic security for deposit in the fund.
C. The taxpayer may also donate any amount to the fund, in lieu of or in addition to the designated portion of the tax refund, by an appropriate indication on the return and by including that amount with the return.
APPROVED BY THE GOVERNOR APRIL 5, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 6, 2016.
