Fifty-fifth Legislature

Second Regular Session

House: MAPS DP 8-7-0-0 | APPROP DP 8-5-0-0 | 3rd Read 31-28-1-0

Senate: APPROP DP 6-4-0-0 | 3rd Read 16-12-2-0

HB 2317: appropriation; border fence construction

Sponsor: Representative Kavanagh, LD 23

Senate Engrossed


Appropriates $150,000,000, in FY 2023, from the state General Fund (GF) to the Border Security Fund (BSF) to administer and manage the construction and maintenance of a physical border fence.


The BSF is administered by the Department of Emergency and Military Affairs (DEMA), and consists of legislative appropriations, gifts, grants and other donations.  Monies in the fund are continuously appropriated to DEMA and may be used for the following purposes:

1)   Preventing human trafficking;

2)   Preventing entry of unlawfully present Aliens in the United States, terrorists and instruments of terrorism and contraband including narcotics and other controlled substances into the United States;

3)   Constructing and maintaining transportation, technology and commercial vehicle inspection facilities near Arizona's international border; 

4)   Clearing nonindigenous plants;

5)   Administering and managing the construction and maintenance of a physical border fence;

6)   Awarding grants to counties to provide housing in secure facilities; and

7)   Awarding grants to counties to prosecute individuals who commit crimes (A.R.S. § 26-105).

DEMA must consult with the Arizona Department of Administration prior to spending any money from the BSF (A.R.S. § 26-105).


1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAppropriates $150,000,000 in FY 2023, from the state GF to the BSF to administer and manage the construction and maintenance of a physical border fence. (Sec. 1)

Senate Amendments

1.   Removes the $150,000,000 appropriation from the GF in FY 2023 to the BSF.

2.   Requires the State Treasurer to distribute $335,000,000 in transaction privilege tax (TPT) revenues to the BSF proportionally beginning the month following the general effective date for each month remaining in the fiscal year.

3.   Directs DEMA to use the monies to construct and maintain a physical border fence and purchase and install various border security technologies.

4.   Requires DEMA to report to Joint Legislative Budge Committee (JLBC) the use of existing infrastructure and fence materials for the construction of the physical border fence before July 1, 2023.

5.   Requires DEMA, in consultation with the Arizona Department of Homeland Security and the Department of Public Safety, to report to JLBC the use of monies within 30 days after the end of each calendar quarter until the appropriated monies are expended. 

6.   States the Legislature's intent is that the TPT distribution to the BSF does not impact cities, towns and counites portion of TPT.




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                        HB 2317

Initials FK        Page 0 Senate Engrossed


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