SAMUEL ROSENBERG

ASSISTANT RESEARCH ANALYST

LIAM MAHER

LEGISLATIVE RESEARCH ANALYST

APPROPRIATIONS COMMITTEE

Telephone: (602) 926-3171

ARIZONA STATE SENATE

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

APPROPRIATIONS COMMITTEE

DATE:            March 22, 2024

SUBJECT:      Strike everything amendment to H.B. 2326, relating to peace officer nonlethal device fund

Purpose

Renames the Peace Officer Training Equipment Fund as the Peace Officer Training Equipment and Nonlethal Weapons Fund and allows monies in the Peace Officer Training Equipment and Nonlethal Weapons Fund to be used for peace officer nonlethal weapons.

Background

Courts assess individuals authorized to attend a court authorized diversion program with a $9 surcharge on the fees charged by the court authorized diversion program. The court must remit the surcharge to the Arizona Supreme Court, which must deposit $5 of the surcharge in the Judicial Collection Enhancement Fund and the remaining four dollars in the Peace Officer Training Equipment Fund (A.R.S. § 12-114).

In addition to any other penalty assessment provided by law, every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a criminal violation of the motor vehicle statutes or for any local ordinance relating to stopping, standing or operation of a vehicle must include a penalty assessment of $4, which must be deposited by the State Treasurer into the Peace Officer Training Equipment Fund (A.R.S. § 12-116.10).

The Peace Officer Training Equipment Program consists of monies deposited through outlined assessments and is administered by the State Treasurer. Monies in the Peace Officer Training Equipment Fund may only be used for peace officer equipment. The State Treasurer must invest and divest monies in the Peace Officer Training Equipment Fund. Monies in the Peace Officer Training Equipment Fund do not revert to the state General Fund at the end of the fiscal year, are exempt from lapsing and are subject to legislative appropriations (A.R.S. § 41-1731).

There is no anticipated fiscal impact to the state General Fund associated with this
strike-everything amendment.

Provisions

1. Renames the Peace Officer Training Equipment Fund as the Peace Officer Training Equipment and Nonlethal Weapons Fund.

2. Allows monies in Peace Officer Training Equipment and Nonlethal Weapons Fund to only be used for peace officer equipment and nonlethal weapons, rather than for only for peace officer equipment.

3. Requires the Peace Officer Training Equipment and Nonlethal Weapons Fund Advisory Commission to submit written recommendations to the Chairpersons of the Senate Military Affairs, Public Safety and Border Security Committee and the House Military Affairs and Public Safety Committee or their successor committees, rather than the Senate Commerce and Public Safety Committee and the House Judiciary and Public Safety Committee or their successor committees.

4. Makes technical and conforming changes.

5. Becomes effective on the general effective date.