Bill Text: AZ SB1005 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Alternative dispute resolution; justice; fund
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A) 2024-12-10 - Prefile [SB1005 Detail]
Download: Arizona-2025-SB1005-Introduced.html
PREFILED DEC 10 2024
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REFERENCE TITLE: alternative dispute resolution; justice; fund |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1005 |
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Introduced by Senator Kavanagh
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An Act
amending sections 12-135, 12-284.03, 22-281, 25-414 and 41-178, Arizona Revised Statutes; relating to the superior court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-135, Arizona Revised Statutes, is amended to read:
12-135. Alternative dispute resolution and access to justice fund
A. The alternative dispute resolution and access to justice fund is established consisting of monies deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5, section 22-281, subsection C, paragraph 2, section 25-414, subsection a, paragraph 5 and section 41-178.
B. Courts wishing to participate in the alternative dispute resolution and access to justice program may apply to the supreme court for funding. The supreme court shall administer the fund and may expend monies in the fund for local, regional or statewide projects that establish, maintain, improve or enhance alternative dispute resolution and access to justice programs or that improve citizen access to AND USE of the court system.
C. On notice from the supreme court, the state treasurer shall invest and divest monies in the alternative dispute resolution and access to justice fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
D. Monies from the alternative dispute resolution and access to justice fund that are provided to local courts shall be used to supplement, not supplant, local funding that would otherwise be made available for alternative dispute resolution and access to justice programs.
E. The supreme court shall use monies that are deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5 to implement, administer and fund alternative dispute resolution and access to justice programs and programs tHAT improve citizen access to AND USE of the court system for the superior court in the counties that apply for funding.
F. The supreme court shall use monies that are deposited in the fund pursuant to section 22-281, subsection C, paragraph 2 to implement, administer and fund alternative dispute resolution and access to justice programs for justice courts that apply for funding.
G. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
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. 1.20 percent to the state treasurer for deposit in the resource center fund established by and for the purposes of section 41-2402, subsection G.
2. 8.18 percent to the state treasurer for deposit in the domestic violence services fund established by section 36-3002.
3. 1.78 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) 7.02 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 0.32 percent to the state treasurer for deposit in the alternative dispute resolution and access to justice 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) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
7. 17.62 percent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113.
8. 0.24 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) 28.81 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 29.56 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
10. 6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810.
B. 6.92 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 $7 of the time payment fee prescribed by section 12-116, subsection B.
Sec. 3. Section 22-281, Arizona Revised Statutes, is amended to read:
22-281. Fees and deposits
A. Justices of the peace shall receive fees established and classified as follows in civil actions:
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
B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.
C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:
1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages:
(a) 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
2. To the state treasurer for deposit in the alternative dispute resolution and access to justice fund established by section 12-135, in the following percentages:
(a) 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
3. 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) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
4. To the county general fund, in the following percentages:
(a) 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810.
D. In counties with a population of more than five hundred thousand persons, 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.
E. In counties with a population of five hundred thousand persons or less, 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.
F. 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.
Sec. 4 Section 25-414, Arizona Revised Statutes, is amended to read:
25-414. Violation of visitation or parenting time rights; penalties
A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shall do at least one of the following:
1. Find the violating parent in contempt of court.
2. Order visitation or parenting time to make up for the missed sessions.
3. Order parent education at the violating parent's expense.
4. Order family counseling at the violating parent's expense.
5. Order civil penalties of not to exceed one hundred dollars $100 for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution and access to justice fund established by section 12-135.
6. Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent's expense.
7. Make any other order that may promote the best interests of the child or children involved.
B. Within twenty-five days of after service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order.
C. The violating parent shall pay court costs and attorney fees that are incurred by the nonviolating parent and that are associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event If the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.
Sec. 5. 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 percent for deposit in the resource center fund established by and for the purposes of section 41-2402, subsection G.
2. 8.87 percent for deposit in the domestic violence services fund established by section 36-3002.
3. 1.93 percent for deposit in the child abuse prevention fund established by section 8-550.01.
4. 7.62 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 percent for deposit in the alternative dispute resolution and access to justice fund established by section 12-135.
6. 23.79 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 percent for deposit in the judicial collection enhancement fund established by section 12-113.
8. 0.26 percent for deposit in the confidential intermediary and fiduciary fund established by section 8-135.
9. 31.29 percent for deposit in the notary bond fund established by section 41-314.
10. 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.
