House of Representatives

HB 2365

county jail districts; juvenile facilities

Sponsors: Representative Flake, Senator Brown: Representative Cooley

DP	Committee on Public Institutions & Rural Affairs
DP	Committee on Ways & Means
dp	Caucus and COW
x	As Transmitted to the Governor

HB 2365 eliminates the juvenile judge and the sheriff from the joint application to adopt a resolution authorizing a previously established jail district to acquire, construct, maintain and finance juvenile detention facilities. In addition, the bill provides election requirements and procedures necessary for the levying of property taxes and establishment of juvenile detention facilities within county jail districts prospectively.

History

In 1999, the Legislature authorized county jail districts to construct, operate and finance juvenile detention facilities within county jail districts upon voter approval. The 1999 legislation contained a legislative intent clause stating that monies provided for juvenile detention facilities are not to supersede funding provided by jail districts for adult facilities and that all funds received by districts are to supplement, not supplant, funding provided from any other source for county jail facilities or juvenile detention facilities.

Property taxes levied for county jail districts are limited to 20 cents per one hundred dollars of assessed valuation. Counties levying an excise (sales) tax for jail districts are limited to ten per cent of the state rate for counties with a population of 500,000 or less. Counties with a population of more than 500,000 but less than 1,500,000 are limited to five per cent of the state rate. In 1998, the Legislature authorized counties with a population of 1,500,000 or more to levy an excise tax for jail districts. The rate is limited to one-fifth of one per cent.

Currently, there are five counties with a jail district. Apache County is the only county that levies a property tax for the operation of their jail district. The other counties levy an excise (sales) tax. Other counties with a jail district are Coconino, La Paz, Yuma and Yavapai. Yavapai County just began their jail district tax beginning January 1 of this year.

HB 2365 only addresses property tax levies for juvenile detention facilities. Apache County is planning on opening a ten bed juvenile facility soon and will utilize this legislation, if passed, for it’s maintenance and operation costs.

Provisions

· Removes the joint application of the presiding juvenile judge and sheriff requirement on resolutions authorizing the inclusion of juvenile detention facilities in previously established county jail districts.

· Authorizes the district board of directors, after an election for community corrections tax for county jail districts that include juvenile detention facilities, to impose a secondary property tax or authorizes existing jail districts, after election approving the inclusion of juvenile detention facilities, to impose a secondary property tax.

· Requires jail districts to certify to county boards of supervisors on or before the third Monday in August each year the amount of secondary property taxes to be levied in addition to the county jail district’s secondary property tax.

· Allows boards of supervisors to levy a secondary property tax at a rate limited to ten cents per one hundred dollars of assessed valuation.

· Specifies that the amount necessary to pay for the maintenance and operation expenses of the district in relation to juvenile detention facilities shall be the amount certified together with unexpended balances carried forward from the previous fiscal year and revenues from all other sources.

· Clarifies that secondary property taxes collected for juvenile detention facilities shall be deposited in the county jail district’s general fund and used solely for juvenile detention facilities.

· Requires secondary property taxes to be levied on all taxable property in the jail district.

· Makes other technical and conforming changes.

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· 45th Legislature

· First Regular Session 2 May 2, 2001

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