Assigned to MAPS & APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2704
appropriation; border; law enforcement; prosecution
Purpose
Establishes the Exploitation at the Border Fund (Fund) and requires the Department of
Public Safety (DPS) to distribute monies in the Fund to sheriffs and other local law enforcement
agencies in border counties to pay for costs associated with border-related crimes and to fund peace
officers engaged in activities to address border-related crimes. Appropriates $43,000,000 from the
state General Fund (state GF) to the Fund in FY 2024.
Background
DPS is responsible for creating and coordinating services for use by local law enforcement
agencies in protecting the public safety and for formulating plans with a view to establish modern
services for prevention of crime, apprehension of violators, training of law enforcement personnel
and the promotion of public safety. DPS consists of the following divisions: 1) Arizona Highway
Patrol; 2) Narcotics Enforcement and Criminal Investigation; 3) Scientific Criminal Analysis;
4) Training and Education; and 5) Major Incident Division (A.R.S. §§ 41-1711 and 41-1712).
The Gang and Immigration Intelligence Team Enforcement Mission Fund (GIITEM Fund)
consists of monies deposited from civil penalties collected from a violation of the immigration
laws and monies appropriated by the Legislature. DPS administers the GIITEM Fund and monies
in the fund must be used for employer sanctions enforcement, enforcing human smuggling and
drug smuggling laws, gang and strict immigration enforcement, county jail reimbursement costs
relating to illegal immigration and any other use previously authorized in an allocation made by
law for GIITEM. The GIITEM Border Security and Law Enforcement subaccount consists of
monies collected from assessments levied on every fine, penalty and forfeiture imposed and
collected by the courts for criminal offenses and any civil penalty imposed and collected for
a violation of the motor vehicle statutes, as well as monies appropriated by the Legislature. DPS
administers the subaccount and monies in the subaccount must be used for law enforcement
purposes related to border security, including border personnel, and for safety equipment that is
worn or used by a peace officer who is employed by a county sheriff (A.R.S. §§ 11-1051;
12-116.04 and 41-1724).
H.B.2704 appropriates $43,000,000 from the state GF to the Fund in FY 2024.
Provisions
1. Establishes the Fund.
2. Appropriates $43,000,000 from the state GF to the Fund in FY 2024 and exempts the
appropriation from lapsing. FACT SHEET
H.B. 2704
Page 2
3. Requires DPS to administer the Fund and distribute monies in the Fund to sheriffs and other
local law enforcement agencies in border counties to:
a) pay for costs associated with prosecuting and detaining individuals who are charged with
drug trafficking, human smuggling, unlawful immigration and other border-related crimes;
and
b) fund sworn peace officers who are engaged in:
i. disrupting and dismantling transitional criminal organizations;
ii. increasing collaboration across state lines to address criminal border activity;
iii. improving intelligence;
iv. investing in the analysis of border-related crossings and crimes;
v. combating human smuggling; and
vi. combating drug trafficking.
4. Specifies that monies in the Fund are continuously appropriated.
5. Cites this legislation as the Securing Arizona Families from Exploitation At The Border Act.
6. Becomes effective on the general effective date.
House Action
MAPS 2/13/23 DP 8-7-0-0
APPROP 2/20/23 DP 9-6-0-0
3
rd
Read 3/01/23 31-28-1
Prepared by Senate Research
March 20, 2023
ZD/KS/sr