Court security funding.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0166.E1

SENATE FILE
NO.
SF0014

Court security funding.

Sponsored by:
Joint Appropriations Interim Committee

A BILL

F
or

AN ACT relating to court security; creating a court security assistance fund; specifying purposes of the fund; providing for grants for court security equipment and construction of facilities; providing guidelines and procedures for grants; authorizing rulemaking; appropriating funds to the court security assistance fund and authorizing expenditures from the fund; and providing for effective date
s
.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 5
‑
11
‑
102 through 5
‑
11
‑
104 are created to read:

5
‑
11
‑
102.

Definitions.

(a)

As used in this article, unless the context requires otherwise:

(i)

"Commission" means the Wyoming court security commission;

(ii)

"Fund" means the court security assistance fund created in W.S. 5
‑
11
‑
10
3
;

(iii)

"Local security team" means local court security management committees established pursuant to security standards adopted by the commission.

5
‑
11
‑
103.

Court security assistance fund; creation; grant procedures.

(a)

There is created the court security assistance fund. Interest accruing to the fund shall be retained in the fund. No monies shall be expended from the fund except upon legislative appropriation. N
otwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) or 9
‑
4
‑
207, monies within the fund shall not lapse or revert until directed by the legislature
.

(b)

The supreme court may expend only monies legislatively appropriated from the fund specifically for administrative costs of the commission incurred in the implementation of this article in any biennial period. All other monies appropriated from the fund shall be available for grants to counties for the purposes specified in this article.

(c)

Monies from the fund that are distributed to counties pursuant to this article shall be used to supplement existing county funding for purposes related to security of facilities containing a state court and shall not be used to supplant monies previously allocated by the county for such purposes.

(d)

The commission shall adopt rules prescribing:

(i)

The procedures to be followed in making, evaluating, prioritizing and recommending grant applications;

(ii)

The criteria for evaluation, prioritization and making recommendations
for the grant of awards
; and

(iii)

Other guidelines necessary for carrying out its duties under this article.

5
‑
11
‑
104.

Grant applications; requirements; prioritization; recommendation; prohibited uses.

(a)

To be eligible for a grant from the fund, a board of county commissioners for a county in which a state court is located shall apply to the commission based upon recommendations of a local security team in accordance with the timelines and other procedures adopted by rule of the commission. The grant application shall be signed by the chairman of the county commission.

(b)

Grants shall be used to fund counties that meet the criteria specified in subsection (e) of this section for the purchase of security equipment
within courthouses
or construction or modification of facilities containing a state court.

(c)

No grant funds shall be used for acquisition of land or for infrastructure not within the property boundaries of the project.

(d)

Each grant shall require a matching
amount from the county
not to exceed
fifty percent (50%) of the proposed project costs.

(e)

Counties that meet at least two (2) of paragraphs (i) through (vi) of this subsection shall be given highest priority for grants pursuant to this article:

(i)

Counties in which:

(A)

The total population is below the state median, as determined by the last federal census;

(B)

The per capita income is below the state median, as determined by the most recent data published by the division of economic analysis;

(C)

Property tax revenues are below the state median, as determined by the most recent data published by the department of revenue; or

(D)

The total county population living below the federal poverty level is greater than the state median, as determined by the last federal census.

(ii)

Counties in which there have occurred recent and serious security breaches or issues which cannot be adequately addressed by available county funds or resources;

(iii)

Counties which impose all available mills authorized by article 15, section 5 of the Wyoming constitution;

(iv)

Counties in which the local security team has adopted a complete operational plan for court security in accordance with commission standards;

(v)

Counties which demonstrate a previous financial commitment to court security initiatives;

(vi)

Counties which have a need for facilities for additional judicial resources as determined by the supreme court’s weighted caseload studies.

(f)

The commission shall prioritize proposed grants it recommends for funding in accordance with this section and commission rules. The commission shall forward all
applications received and submit the prioritized list to the state loan and investment board for final approval or disapproval in accordance with rules of the board.

(g)

The state loan and investment board shall consider all grants recommended by the commission and,
applying its own discretion and its own criteria developed pursuant to this article and the priorities specified in this article,
approve, modify or disapprove entirely the grant. Approved grant funds shall be distributed from the court security assistance fund.

(h)

The state loan and investment board shall adopt rules as necessary or convenient to implement its duties
and for distribution of funds by the office of state lands and investments
under this article.

Section 2.

W.S. 5
‑
11
‑
101(e)(iii) and by creating a new paragraph (v) is amended to read:

5
‑
11
‑
101.

Wyoming court security commission created; membership; powers and duties; compensation; report required.

(e)

The commission shall:

(iii)

Recommend to the
:

(A)

L
egislature the distribution of funds to counties as may from time to time be appropriated by the legislature
to the commission

for the provision of court security
;

(B)

S
tate loan and investment board grants from the court security assistance fund.

(v)

Adopt rules necessary or convenient to fulfill its duties in administering the court security grant program.

Section 3.

There is appropriated ten million dollars ($10,000,000.00) from the general fund to the court security assistance fund. There is appropriated from the fund to the supreme court up to twenty-five thousand dollars ($25,000.00) for administrative expenses of the court security commission in implementing this act. The state loan and investment board may expend the balance of this appropriation for grants authorized by this act.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose.
This appropriation shall not be included in the supreme court's 2017-2018 standard biennial budget request.

Section
4
.

(a)

Section 1 of this act is
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

The remainder of this act is effective July 1, 2014
.

(
END)

1
SF0014