HB 2317
Initials FK Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: MAPS DP 8-7-0-0 | APPROP DP 8-5-0-0 | 3
rd
Read 31-28-1-0
Senate: APPROP DP 6-4-0-0 | 3
rd
Read 16-12-2-0
HB 2317: appropriation; border fence construction
Sponsor: Representative Kavanagh, LD 23
Senate Engrossed
Overview
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.
History
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).
Provisions
1. Appropriates $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.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2317
Initials FK Page 2 Senate Engrossed
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.