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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
accumulated sick leave; payments
(NOW: DPS; appropriation)
Purpose
Appropriates $4,750,000 from the Arizona Highway Patrol Fund (Fund) in FY 2026 to the Department of Public Safety (DPS) and exempts DPS from the statutory prohibition against state agencies employing legal counsel until December 31, 2026.
Background
The Fund is administered by DPS and monies are subject to legislative appropriation. The Fund consists of monies collected from premium tax paid by vehicle insurers, fees, rewards, awards, insurance recoveries and receipts from the sale or disposal of property held by the highway patrol. The FY 2026 estimated year-end balance is $65,994,800 (JLBC Baseline).
With certain
exceptions, statute prohibits state agencies from employing legal counsel or
making expenditures or incurring indebtedness for legal services. The Attorney
General (AG) and the following entities are exempt from the prohibition: 1) the
Director of the Arizona Department of Water Resources; 2) the Residential
Utility Consumer Office; 3) the Industrial Commission of Arizona; 4) the
Arizona Board of Regents; 5) the Office of the Auditor General; 6) the
Corporation Commissioners and the Arizona Corporation Commission other than the
Securities Division;
7) the Office of the Governor; 8) the Constitutional Defense Council; 9) the
Office of the State Treasurer; 10) the Arizona Commerce Authority; and 11) the
Water Infrastructure Finance Authority. If the AG determines that the AG is
disqualified from providing judicial or
quasi-judicial legal representation or legal services on behalf of any state
agency in relation to any matter, the AG must give written notification to the
state agency affected. Upon receipt of written notification from the AG that
the AG is disqualified from providing judicial or quasi-judicial legal
representation or legal services in relation to any particular manner, the
state agency may make expenditures and incur indebtedness to employ attorneys
to provide the representation or services (A.R.S.
§ 41-192).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Appropriates $4,750,000 from the Fund in FY 2026 to DPS for the purposes of DPS' operating expenses.
2. Exempts DPS from the statutory prohibition against state agencies employing legal counsel or spending monies for legal services until December 31, 2026.
3. Exempts the appropriation from lapsing.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Adopted the strike-everything amendment.
2. Appropriates the $4,750,000 from the Fund for DPS operating expenses, rather than legal counsel operating expenses.
Senate Action
ATT 3/31/26 DPA/SE 5-4-1
Prepared by Senate Research
April 9, 2026
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