ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: MABS DP 4-3-0-0 | APPROP DP 6-2-2-0 | 3^rd Read 17-12-1-0 House: PSLE W/D | APPROP DPA/SE 11-6-1-0

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SB 1299: law enforcement personnel; grant program

NOW: safe community enforcement fund; establishment

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Creates the Safe Community Enforcement Fund and stipulates fund monies are distributed as agreements or contracts to local governments and law enforcement for enforcement purposes.

History

In 2020, Arizona voters approved the Smart and Safe Arizona Act (Arizona Act) which legalized the sale and use of recreational marijuana to Arizonans who are at least 21 years of age (Title 36, Chapter 28.2, A.R.S.).

Additionally, the Arizona Act created the Smart and Safe Arizona Fund which receives revenues from a 16% excise tax on the sale of recreational marijuana products as well as license and registration fees.  Fund monies are first used to pay costs incurred by state agencies to implement or enforce the provisions of the Act. The remaining Fund monies are distributed as follows:

1) 33% to community college districts;

2) 31.4% to municipal police and fire departments;

3) 25.4% to the Highway User Revenue Fund;

4) 10% to the Justice Reinvestment Fund; and

5) 0.2% to the Attorney General (AG) (A.R.S. § 36-2856).

Provisions

1. Establishes the Safe Community Enforcement Fund (Enforcement Fund), administered by the Department of Public Safety (DPS), consisting of monies deposited from the Smart and Safe Arizona Fund in accordance with statute. (Sec. 2)

2. Requires the State Treasurer, beginning FY 2026 through FY 2030, to transfer $2,500,000 from the Smart and Safe Arizona Fund to the Enforcement Fund by June 30 and December 31 of each year. (Sec. 1)

3. Specifies the Enforcement Fund monies are continuously appropriated and exempt from lapsing. (Sec. 2)

4. Instructs DPS to distribute Enforcement Fund monies as agreements or contracts to cities, towns, county sheriffs, county prosecutors and the AG for the purpose of enforcing the Arizona Act. (Sec. 2)

5. Allows DPS to use up to 10% of Enforcement Fund monies to enforce the Arizona Act. (Sec. 2)

6. Includes reporting requirements for DPS relating to submitting an expenditure plan of Enforcement Fund monies to JLBC. (Sec. 2)

7. Stipulates the distributed Enforcement Fund monies cannot supplant or cause a reduction in other funding sources for the enforcement of the Arizona Act. (Sec. 2)

8. Requires the State Treasurer to transfer up to 5% of the $2,500,000 transferred into the Enforcement Fund to DPS for reasonable costs incurred in administering the Enforcement Fund. (Sec. 2)

9. Repeals the Enforcement Fund on January 1, 2031. (Sec. 3)

10. Contains a Prop 105 clause. (Sec. 4)

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14.                   SB 1299

15. Initials PB           Page 0 House Engrossed

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